Irvine Co. Accused of Polluting Coast

An environmental group is accusing the Irvine Co. and others of secretly discharging dirty water from a construction site and a golf course into Crystal Cove State Park.

Orange County CoastKeeper last week filed a letter giving a 60-day notice of its intent to sue, a preliminary move required under the federal Clean Water Act. The group charges the developer with violating the act and its state permit--charges the developer dismissed as baseless.

“This letter is so full of inaccuracies, misinformation and false statements that we believe any group pursuing legal action based on these claims could successfully be countersued for damages,” said Irvine Co. spokesman Paul Kranhold.

The legal challenge comes at a time when environmentalists and regulators are increasingly worried about urban runoff--the sediments, chemicals and pollutants washed off streets and lawns into storm drains and eventually waterways.

It also comes on the heels of criticism from staff of the California Coastal Commission of how the Irvine Co. is handling runoff for another development nearby, 635 homes to be built above Crystal Cove.

CoastKeeper, a relatively new and highly active environmental group, says runoff and pumped pond water from the Pelican Hill Golf Club is being sent over a bluff, forming a “waterfall” of dirty water that crosses the state beach and empties into the ocean.

The ocean water and reefs off Crystal Cove are designated as having special biological significance and are protected under the 1997 California Ocean Plan. Randy Seton, program director with CoastKeeper, contends runoff has already hurt water quality.

“Usually the water’s crystal clear, but now you can barely see 4 feet down,” Seton said. “Crystal Cove isn’t so crystal anymore.”

The notice of pending legal action also names the Irvine Ranch Water District, which provides irrigation water for Pelican Hill Golf Club, and Western Golf Properties, which operates the course.

Kranhold said golf course operators could not discharge pond water if they wanted to because there are no pumps that lead from the ponds to the bluffs.

As for ordinary runoff, it is permissible under the Irvine Ranch Water District’s permit for the treated waste water, he said. And on one date cited by CoastKeeper, the night before Christmas, the golf course sprinkler system--the only possible source of runoff--had been shut down for the holiday, Kranhold said.

The group also says treated waste water is illegally being discharged from an Irvine Co. residential construction site into Los Trancos Creek and other locations between Buck Gully and Crystal Cove. Unusual timing, rushes of turbid water during dry seasons and accompanying sediment plumes in the ocean show that the developer is not abiding by its general storm water discharge permit, said Daniel Cooper, who is representing CoastKeeper and is with Lawyers for Clean Water in San Francisco.

Cooper said the organization has documented violations with photographs and witness statements.

“It’s especially shocking because Irvine is a huge developer,” Cooper said. “They have lots of experience and tons of projects going on. It’s not a question of inability to pay or not knowing better. They’re just trying to save money.”

Kranhold said this too is untrue and that Environmental Protection Agency inspectors have been on the site and found no evidence of silt or sediment getting into the creeks.

In October, the developer also added several measures to prevent runoff from entering the park, including diverting summer flows to a waste treatment facility, placing filters in catch basins, using street-cleaning vacuum machines and installing detention basins to catch storm flows. These moves were hailed as “state-of-the-art erosion and water quality control measures” by the Santa Ana Regional Water Quality Control Board in a Dec. 29 letter to the Coastal Commission.

“We’ve been planning the development of the Newport Coast for 37 years, and over the decades we have worked with numerous environmental organizations, and that planning has resulted in what we think is one of the most environmentally sensitive coastal developments in Southern California,” Kranhold said.

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More Runoff Concerns

A local environmental group has filed notice of intent to sue the Irvine Co. and others for illegal discharge of runoff and treated wastewater from a golf course and residential construction. The developer says the charge is completely unfounded.

Source: The Irvine Co.