State Order for Creek Cleanup May Set Precedent

A recent state order requiring cleanup of a polluted Orange County waterway sets a precedent that environmentalists say could lead to stronger enforcement of California and federal water quality laws.

Orange County, the city of Laguna Niguel and the county’s Flood Control District have been ordered to stop storm drain runoff from polluting Aliso Creek, which empties into the ocean at Laguna Beach. Storm drains carry everything from trash, chemicals and petroleum products to animal droppings washed from lawns and streets into area waterways.

The order issued last week requires the government agencies to clean up high levels of bacteria that have periodically rendered stretches of the creek unsafe for swimming.

Issued Dec. 28 by the San Diego Regional Water Quality Control Board, the order is the first enforcement action that singles out urban runoff by a city, county or government agency, state water quality experts said. The board is one of nine that carry out the state Water Resources Control Board’s mandates.

“For some reason, in dealing with [municipalities’] urban runoff, regional water quality boards have been unwilling to use traditional tools that they use to deal with point sources such as refineries or treatment plants,” said David Beckman, an attorney with the Natural Resources Defense Council. “They’ve attempted to address the problem with one hand tied behind their back.”

Runoff problems have been particularly noticeable in Southern California, which has been plagued by ocean pollution. In Orange County, runoff is the suspected cause of the two-month closure of Huntington Beach this year, which paralyzed the city’s economy during the height of tourism season.

“It’s very significant,” Mark Gold, director of Heal the Bay in Santa Monica, said of the order. “The regional board is finally using the regulatory tools it has available to ensure water quality is protected. [Previously], there’s been this almost voluntary approach for municipalities on storm water discharge.”

Aliso Creek drains over 34 square miles of Orange County from the Santa Ana Mountains to the Pacific Ocean. Fecal coliform bacteria levels in one part of the creek were 225 times the amount considered safe for swimming in October 1998. High levels have continued to be a problem in the creek.

Laguna Niguel Public Works Director Ken Montgomery said the city is already taking steps to reduce the polluted runoff. Half has been diverted into a wetlands area that acts as a natural filter, and the city and the Moulton Niguel Water District are discussing sending summer runoff to a sewage treatment plant. He said the cleanup and abatement order merely formalizes the ongoing effort.

Such an enforcement action was previously unheard of, because early environmental concerns centered on obvious pollution sources. But state officials say urban runoff has been highly scrutinized in the last decade.

“On a statewide basis, if in fact you haven’t seen these [enforcement orders] before, you will see them to an increasing degree in the future,” said Art Coe, assistant executive officer of the San Diego regional board. “From the 1950s through maybe the late ‘80s, we spent a heck of a lot of time dealing with point source [pollution]--sewage treatment plants, industrial factories.

“Now, we recognized we’ve done all we can to control these discharges. It’s no longer a significant factor in the pollution problem. The focus is increasingly turning to” urban runoff, Coe said.