Bill Would Ease Curbs on Water Pollution

Environmentalists and regulators reacted sharply Friday to a proposed measure that they charge would weaken regional water boards’ authority to punish polluters who discharge harmful runoff into creeks, storm drains and watersheds.

Senate Bill 816, introduced by state Sen. Ross Johnson (R-Irvine), would strip a regional board’s power to issue a cease-and-desist order for many cases of “nonpoint” sources of pollution. The agency would be required to use less punitive directives instead.

Nonpoint source pollution is defined as having come from multiple sources rather than a single source.

The measure would also give violators three years to study the problem and abate the sources of contamination.

Wayne Baglin, member of the San Diego Regional Water Quality Control Board, charged that the legislation is aimed at stopping the boards from ordering compliance with storm-water permits that have been in place for 10 years. San Diego is in one of nine state areas controlled by regional water boards. The San Diego board enforces the Clean Water Act and other state laws from South Orange County to the Mexican border.

“I am so upset by this bill. The three-year study provision gives polluters 36 months to procrastinate,” Baglin said.

He and others said that in most cases, nonpoint source pollution can be easily traced to urban runoff from lawns and road surfaces.

The bill would remove a powerful enforcement tool used last year by the Santa Ana Regional Water Quality Control Board against the Irvine Co., the California Department of Transportation, and the California Department of Parks and Recreation to stop polluting Crystal Cove.

Roger Von Butow, chairman of the Clean Water Now! Coalition, charged that Johnson’s measure “is a flagrant attempt to undermine the authority of the regional boards.”

Susie Swatt, Johnson’s spokeswoman, denied the charge.

“The bill is not designed to do anything that’s a major change in the law. It still allows cease-and-desist orders to be issued in cases of point pollution,” she said.

Swatt said the measure was introduced at the behest of Newport Beach officials. She referred further questions to assistant city manager Dave Kiff, whom she said worked on the proposed legislation. Kiff did not return telephone calls to his office.

“All the bill says is that when it’s a nonpoint source of pollution, a cease-and-desist order may not be appropriate, because you don’t know where the pollution originates,” said Swatt.

Facing mounting public concern about contaminated waters and urban runoff, regional boards have become more active.

Many say the stepped-up enforcement is due to the election of Gov. Gray Davis, who has increased the budgets of regional water boards 38%. Last summer, he added $3.5 million to the budget to hire 35 more staffers. This year, the budget included $4.86 million to retain the new hires and add 14 more positions.

Swatt said her office was surprised by the backlash to the bill.

“I know there were some concerns, and we have communicated this to Newport Beach officials.”

In some cases, the bill would allow regional boards to issue cease-and-desist orders if the agency finds a polluter’s efforts to learn the source of nonpoint pollution are inadequate, Swatt said.

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Times staff writer Seema Mehta contributed to this report.