Caltrans Appeals State Order to End PCH Runoff

Caltrans has appealed a state order that requires the agency to stop sending runoff into the protected waters off Crystal Cove State Park, saying there is no proof that polluted runoff is flowing off Pacific Coast Highway into the ocean.

Caltrans maintains the coastal thoroughfare.

On Nov. 16, the Santa Ana Regional Water Quality Control Board issued a cease-and-desist order requiring Caltrans to stop the runoff into the ocean within two years. The ocean off Crystal Cove is an “area of special biological significance” that receives extra protection under the state’s Ocean Plan.

Runoff from the highway is composed of rain and other water mixed with oil, copper and other contaminants from cars.

The State Water Resources Control Board--the regional board’s parent--will hold a public workshop on Caltrans’ appeal Wednesday and a hearing April 26 in Sacramento. Its attorneys have recommended upholding the order but with a three-year extension to give Caltrans time to stop the runoff.

Attempts to reach Caltrans officials familiar with the issue were unsuccessful late Wednesday.

In its appeal, the state transportation agency says:

* There is no evidence that runoff from the highway contains pollution.

* Runoff discharges onto the beach, not into the ocean, and therefore the Ocean Plan prohibitions don’t apply.

* The state plan does not regulate runoff.

* The regional water board lacks the authority to prohibit Caltrans’ discharges into the ocean.

* The regional board failed to consider the feasibility and cost of compliance.

But a report from water board attorneys says Caltrans’ claims lack merit and urges the State Water Resources Control Board to uphold the order.

The report, however, conceded the advisability of a three-year deadline extension.

“We are concerned also about the feasibility of preventing all discharges and possible environmental effects of actions necessary to prevent discharges to [such biologically significant areas] throughout the state,” the report states.