Antipollution Group Sues Water District

A South County citizens group has sued the Capistrano Beach Water District and two of its directors for allegedly polluting San Juan Creek and nearby beaches, including Doheny Beach State Park.

In a lawsuit filed Aug. 26 in federal court in Santa Ana, the Citizens United Together (CUT) charged that the district has for years violated the federal Clean Water Act by dumping “solid, hazardous waste in a wanton, reckless and illegal manner” into the creek, which flows into the ocean at the state park. The district’s sewer plant is next to the creek and within a quarter mile of the park.

The lawsuit also alleges that the two directors, Donald Simpkin of San Clemente and William Morison of Capistrano Beach, controlled the district board of directors and wasted money meant to be spent on upgrading the “antiquated” sewer plant for unspecified “unauthorized uses” including attorney fees.

Charles F. Benninghoff III, a San Juan Capistrano-based attorney representing CUT, said the 2-year-old group filed suit when it became clear that government agencies would not control the district’s activities. The lawsuit asks for unspecified damages.

“We have cases of pollution here that are incredible,” Benninghoff said. “We decided something has to be done.”

Simpkin, a board member for 17 years, called the charges in the lawsuit “absolutely untrue.” He said he has never heard of CUT.

“We are going to fight this with all the forces we can,” said Simpkin, the current president of the 10-member district board who is up for reelection in November. “Frankly, it’s a distortion of the facts, based on misinformation, innuendoes and such things.”

Morison, a board member for six years, could not be reached for comment.

Benninghoff said no court date has yet been set.

The Orange County district attorney’s office also is investigating whether the district has improperly disposed of sewage. No charges have been filed.

The district serves about 5,200 customers in the Capistrano Beach area of Dana Point, throughout Dana Point Harbor and a small part of San Clemente.