Toxic Waters: Rulings Restrict Clean Water Act, Foiling E.P.A.

CHARLES DUHIGG and JANET ROBERTS
February 28, 2010

Thousands of the nation’s largest water polluters are outside the Clean Water Act’s reach because the Supreme Court has left uncertain which waterways are protected by that law, according to interviews with regulators.

View: Toxic Creek

As a result, some businesses are declaring that the law no longer applies to them. And pollution rates are rising.

Companies that have spilled oil, carcinogens and dangerous bacteria into lakes, rivers and other waters are not being prosecuted, according to Environmental Protection Agency regulators working on those cases, who estimate that more than 1,500 major pollution investigations have been discontinued or shelved in the last four years.

Continue reading ‘Toxic Waters: Rulings Restrict Clean Water Act, Foiling E.P.A.’

Contaminants of Emerging Concern

The Board of Public Utilities (BPU) has requested Utilities staff to present an annual update to the Board on contaminants of emerging concern – a topic that has become an area of focus in the water/wastewater industry. Presentations were made to the BPU in April 2007 and July 2008, and a third presentation is scheduled for April 1, 2010.

In the past year, Oregon State University received a federal grant to analyze illicit and legal drugs in municipal sewage. This is the first time this analysis had been performed on raw sewage within the United States to the best of our knowledge. The City of Santa Rosa Utilities Department participated in this study in an effort to guarantee the high quality of its recycled water and support research on these particular analytical methods. The drugs included in the analysis were:

Drugs/Metabolites/Biomarker
Methamphetamine*1
Amphetamine*1,3
p-Hydroxy methamphetamine*3
Cocaine*1
Benzoylecgonine*4
Hydrocodone*5,2
Hydromorphone*6
Oxycodone*7
Methadone*7
Phencyclidine (PCP)*1
Lysergic acid diethylamide (LSD)*1
2-oxo-dydroxy-LSD*8
3,4-methylenedioxymethamphetamine (MDMA)*9
Nicotine*10,11
Cotinine*10,12
Caffeine*10
Class
1 illicit drug
2 legal drug
3 metabolite of meth
4 metabolite of cocaine
5 precursor of meth
6 metabolite of hydrocodone
7 prescription opiod
8 metabolite of LSD
9 rave drug
10 human urinary indicator
11 smoking biomarker
12 nicotine metabolite

THE COAST NEEDS YOUR HELP!

THE COAST NEEDS YOUR HELP

The Coast is under attack and this time, if the proposal to require the Coastal Commission to pay for all legal services previously supplied by the Attorney General is approved, it will leave the Commission with very limited ability to defend itself in a lawsuit or enforce the Coastal Act. This is one of the most serious threats to the continued viability of California’s coastal protection program since the attack on the constitutionality of the Commission in the Marine Forest caseThe commission may be unable to initiate lawsuits to protect public access or other coastal resources. This also effectively means that the Commission would be unable to deny any applicant or to impose any conditions on any proposal that the applicant opposes, based on whether the Commission could afford the cost of litigation.  It means that coastal protection as we have known it is over.  Please read the full discussion below and then take action immediately, since this proposal is supported by Jerry Brown’s Office, the Department of Finance, the LAO and the Committee staff.  This proposal is currently being considered in the Budget sub-committee and will be acted on shortly.

Thanks for your help

Sara Wan

PLEASE HELP BY SENDING A FAX OR CALLING ASAP

Please contact Attorney General, Jerry Brown, and Senator Mark DeSaulnier, Chair of Budget Subcommittee 4, and tell them to EXEMPT THE PUBLIC RIGHTS DIVISION OF DOJ, AND SPECIFICALLY THE COASTAL COMMISSION FROM THE PROPOSED INSIDIOUS LEGAL SERVICES FUNDING SHIFT. Tell them that departments, such as the Commission, whose function is to protect the public’s rights, need to be certain they have legal representation to do so.

Senator DeSulnier  : 916-445-2527 (fax); 916-651-4077 (phone)

Attorney General Brown: fax: 916-445-6749;  916-324-5437-phone

SAMPLE LETTER

Senator Mark DeSaulnier
Chair, Senate Budget Subcommittee 4

Re4 DOJ Fund Swap

Dear Senator DeSaulnier:

You have always been one of the Legislature’s strongest champions  of environmental protection and public rights. Today I am writing to express my extreme opposition to the Department of Justice (DOJ) proposal to “bill” departments that protect our coast and environment for litigation that defends our natural resources. The Coastal Commission, State Lands Commission, Water Board and other public agencies that protect the public’s rights to clean beaches, clean water and access to public lands should not have to base their decisions on whether or not these rights deserve to be upheld based on case-by-case budget decisions made by the Department of Finance. Funding these legal costs currently comes from the General Fund and are written into the DOJ budget.  This has worked extremely well for nearly forty years. Why change it now and seriously harm coastal and environmental protection?

The State Lands and the Coastal Commission do not control who initiates legal challenges to its actions, whether oil companies, developers, or environmentalists.  They do have discretion over legal actions the bring to enforce the law, and penalties and fines it pursues to deter law breakers and seek compensation for lost public resources.  Under threat of possible legal action, the Commission may have to choose whether or not to deny a project or to impose conditions to bring the project into compliance with the Coastal Act.  By shifting legal costs directly to these Commissions, protection of coastal resources will inevitably be sacrificed.  This funding shift will abandon coastal protection to well-healed anti-protection ideologues and deep-pocket developers who would be encouraged to sue more often knowing the Commission will run out of money and consequently elect to save its operations rather than protection of public rights and resources.

The State will be setting aside 48 million dollars to cover attorney’s fees for all agencies currently being served by the AG’s office.  This is about 60% of what has been needed in the past.  To obtain funds the Commission will have to petition for funds and compete with every other agency, including the Department of Corrections, etc.  The Department of Finance (i.e. the Governor) will decide who gets the money while there are still funds left.  This shift, if approved, will also give unprecedented control over the Commission’s enforcement of coastal protection policies and pursuit of Coastal Act violators to the Governor.  Consider the devastating consequences of an anti-coastal protection Governor having such control.

Please reject this proposal and confine any DOJ billing reform to the Department of Corrections, where the real problem exists.

Thank you for your continued efforts to protect our natural heritage.

YOUR NAME HERE

Group (If you speak for a Group)

PSA: 28th Annual Salmonid Restoration Mar. 10-13

Hello,
Please help publicize the upcoming Salmonid Restoration Federation and American Fisheries Society Cal-Neva Conference with the attached press release and conference announcement.

Please email SRF if you can help distribute conference agenda packets and posters. Please indicate how many we should send and to what address.
Thank you,
PSA:
28th Annual Salmonid Restoration & 44th Annual AFS Cal-Neva Conference Agenda and Registration Online at www.calsalmon.org
The joint conference will be held March 10-13 at the Redding Convention Center in Redding, CA. The conference theme is “Fisheries Science and Restoration in a Changing Climate” and will include watershed tours, workshops, outstanding scientific presentations on coastal stream habitat restoration and salmon recovery. The conference will features special events including a screening of The filmRiver of Renewal , an AFS Social at Turtle Bay, a Poster Session and Job Fair, a 5 K Spawning run, and a wild salmon banquet with cabaret and music by Absynth Quintet http://www.absynthquintet.com/
Conference Announcement:
28th Annual Salmonid Restoration & 44th Annual AFS Cal-Neva Conference Agenda and Registration Online at www.calsalmon.org
Salmonid Restoration Federation and the California-Nevada American Fisheries Society chapter will co-host the 28th Annual Salmonid Restoration Conference and the 44th Annual Cal-Neva AFS Conference in Redding, California. We are truly excited about this new collaborative effort. The theme of the conference is Fisheries Restoration and Science in a Changing Climate. The first two days of the conference will be filled with symposia, full-day workshops continuing education classes, and field tours. A half-day plenary session will be followed by 1.5 days of technical, biological, and policy-related concurrent sessions. This conference will focus on a broad range of salmonid, fisheries, and watershed restoration topics of concern to restoration practitioners, and the scientific fisheries community.
This year the conference will feature workshops on topics including Water Quality and TMDLs, Floodplain Restoration, a Fisheries Engineering and Stream Restoration Symposium, Stormwater Pollution Workshop, and continuing education classes on presentation skills, acoustic tag training, and River 2 D technology. Concurrent sessions include: the State of California Salmonids, Anadromous Salmonid Monitoring, Stream Channel Restoration, Central Valley Salmonid Recovery Planning, Marine and Estuarine Fisheries Research: Conservation and Management, Status, Ecology and Management of Inland Fishes and Anadromous/Migratory Fishes, Water Diversions and Fish Impediments, FERC Relicensing and Restoration Opportunities, Planning, Documenting, and Evaluating Fish Restoration Activities, Instream Flow for Salmonids, and a Contributed Papers session.
Field Tours will visit restoration projects in Clear Creek, Battle Creek, the Upper Trinity River, the Shasta River, the Upper Sacramento River and Redding urban streams. The Plenary session will feature David Montgomery author of King of Fish: the Thousand Year Run of Salmon and Dirt: the Erosion of Civilization, Larry Brown from the US Geological Survey who will discuss climate change and native fishes in the San Francisco Estuary and watershed, and Dan Bottom from the National Marine Fisheries Service will discuss “Pacific Salmon at the Crossroads and how Resilient are Salmon Ecosystems.” Maria Rea from NOAA will discuss salmonid recovery planning efforts for salmon in California.
SRF and AFS have created a dynamic conference agenda that addresses pressing issues that affect salmonid recovery and fisheries throughout the Pacific Northwest. We are also combining some of the unique features of each of our conferences. AFS will host a social at Turtle Bay, a job fair as part of the joint poster session, and a Saturday morning 5K Spawning Run. SRF will feature our annual meeting, the film screening of River of Renewal, a poster session and reception, banquet, awards ceremony, cabaret, and dance band Absynth Quintet.
For more information about the conference, to see the agenda, or to register, please visit www. calsalmon.org

28th Annual Salmonid Restoration Conference March 10-13

Hello,

The Salmonid Restoration Federation is excited to announce the upcoming 28th Annual Salmonid Restoration Conference. Please share the following information with your constituents. If you are unable to include all of the following information please review Public Service Announcement attached.

28th Annual Salmonid Restoration Conference March 10-13, 2010 in Redding, CA

In 2010 the Salmonid Restoration Federation and the California-Nevada American Fisheries Society chapter will co-host the 28th Annual Salmonid Restoration Conference and the 44th Annual Cal-Neva AFS Conference in Redding, California. We are truly excited about this new collaborative effort. The theme of the conference is Fisheries Restoration and Science in a Changing Climate. The first two days of the conference will be filled with symposia, full-day workshops continuing education classes, and field tours. A half-day plenary session will be followed by 1.5 days of technical, biological, and policy-related concurrent sessions. This conference will focus on a broad range of salmonid, fisheries, and watershed restoration topics of concern to restoration practitioners, and the scientific fisheries community.

This year the conference will feature workshops on topics including Water Quality and TMDLs, Floodplain Restoration, a Fisheries Engineering and Stream Restoration Symposium and continuing education classes on presentation skills, acoustic tag training, and River 2 D technology. Concurrent sessions include: the State of California Salmonids, Anadromous Salmonid Monitoring, Stream Channel Restoration, Central Valley Salmonid Recovery Planning, Marine and Estuarine Fisheries Research: Conservation and Management, Status, Ecology and Management of Inland Fishes and Anadromous/Migratory Fishes, Water Diversions and Fish Impediments, FERC Relicensing and Restoration Opportunities, Planning, Documenting, and Evaluating Fish Restoration Activities, Instream Flow for Salmonids, and a contributed papers session.

Field Tours will visit restoration projects in Clear Creek, Battle Creek, the Upper Trinity River, the Shasta River, the Upper Sacramento River, and a Redding urban streams tour including Sulphur Creek, Salt Creek, and gravel augmentation projects.

The Plenary session will feature David Montgomery author of King of Fish: the Thousand Year Run of Salmon and Dirt: the Erosion of Civilization, Larry Brown from the US Geological Survey who will discuss climate change and native fishes in the San Francisco Estuary and watershed, and Dan Bottom from the National Marine Fisheries Service will discuss “Pacific Salmon at the Crossroads and how Resilient are Salmon Ecosystems.” Maria Rea from NOAA will discuss salmonid recovery planning efforts for salmon in California.

SRF and AFS are collaborating to create a dynamic conference agenda that addresses pressing issues that affect salmonid recovery and fisheries throughout the Pacific Northwest. We are also combining some of the unique features of each of our conferences. AFS will host a social at Turtle Bay, a job fair as part of the joint poster session, and a Saturday morning 5K Spawning Run. SRF will feature our annual meeting followed by the Redding premiere of Rivers of Renewal, a poster session and reception, and out annual banquet, awards ceremony, and cabaret and Latin dance band Sambada. For more information about the conference or to see the exciting agenda, please visit www. calsalmon.org.

Best,

Melissa Scott

Watersheds, Groundwater, and Drinking Water: A Practical Guide

FYI…From the perspective of ‘life-long-learning’ this new book looks
interesting, especially for those of us directly working on such related
efforts?

I have ordered it, but not yet had it in hand…
Brock

Completion and publication of a layperson’s guide to watershed
hydrology and groundwater hydrology.

The book, entitled “Watersheds, Groundwater, and Drinking Water: A Practical
Guide” is geared towards a relatively broad audience with a varied interest
in water and groundwater.

The book will be useful for folks participating in watershed and groundwater
interest groups; for stakeholder groups in industry, agriculture,
environmental organizations, and NGOs; and for water district, irrigation
district, and water utilities personnel without formal college-level
background in hydrology.

It is also useful as a reference in an introductory undergraduate class.

The full-color book is available through UC ANR Communications at
http://anrcatalog.ucdavis.edu/Items/3497.aspx

The book can previewed through Google Books at
http://books.google.com/books/p/anr_publications?id=qfvlzm1A1vMC

The Endowment supported the production of the book with a
contribution of $10,000, which enabled us to print the softcover book
in full color, while keeping the sales prices extremely affordable
($40).

Katy Mamen
Ag Innovations Network
101 Morris St., Suite 212
Sebastopol, CA 95473
Tel: 707.823.6111
Fax: 707.823.6113
katy@aginnovations.org
www.aginnovations.org

Four Anti-CEQA Initiatives

URGENT: Anti-CEQA initiatives URGENT:

The ability of citizens to challenge EIRs is threatened by new
initiatives drive.  I’m not sure if you’ve heard about this, but it should be on your radar.

Four anti-CEQA initiatives have been submitted to the
Attorney General’s office and one or more of them will soon be
circulating for signatures.

The proponent is an Orange County developer and he appears to be trying to keep his options open by submitting four separate measures for a ballot title and summary.
DANGER: All the measures would prohibit anyone but the Attorney General from challenging an EIR. Some go further and prohibit even the AG from challenging the adequacy of climate change analysis in EIRs. And two of the versions purport to apply retroactively. We’ve attached copies.
They are titled: “California Jobs and Housing Act (Version 1, 2, 3, 4)” Submitted for Title and Summary on February 03, 2010.
In part the initiatives read:
…”Giving the Attorney General of California the exclusive right to challenge certified EIRs will put an end to hundreds of frivolous lawsuits, which stall job creation and drive up housing prices for California families.” …”Notwithstanding any provision of this division to the contrary, no individual or entity, including without limitation any person as that tenn is defined in Section 21066, other than the Attorney General may commence and maintain any such action or proceeding authorized by this subdivision (c).”
We are hearing that it is important for environmental groups to get involved immediately. Groups can get involved in at least two ways:
You can request a meeting with the Legislative Analyst’s Office, which will review the initiatives for potential fiscal impact. You can also contact the Government Section of the AG’s office, which prepares the initiative’s title & summary. We are told these agencies do want public input.

The proponent is an Orange County developer and he appears to be trying to keep his options open by submitting four separate measures for a ballot title and summary.
DANGER: All the measures would prohibit anyone but the Attorney General from challenging an EIR. Some go further and prohibit even the AG from challenging the adequacy of climate change analysis in EIRs. And two of the versions purport to apply retroactively. We’ve attached copies.

They are titled: “California Jobs and Housing Act (Version 1, 2, 3, 4)” Submitted for Title and Summary on February 03, 2010.

In part the initiatives read:…”Giving the Attorney General of California the exclusive right to challenge certified EIRs will put an end to hundreds of frivolous lawsuits, which stall job creation and drive up housing prices for California families.” …”Notwithstanding any provision of this division to the contrary, no individual or entity, including without limitation any person as that tenn is defined in Section 21066, other than the Attorney General may commence and maintain any such action or proceeding authorized by this subdivision (c).”

We are hearing that it is important for environmental groups to get involved immediately. Groups can get involved in at least two ways:You can request a meeting with the Legislative Analyst’s Office, which will review the initiatives for potential fiscal impact. You can also contact the Government Section of the AG’s office, which prepares the initiative’s title & summary. We are told these agencies do want public input.

–California Legislative Analyist
(916) 445-4656
925 L Street, Suite 1000
Sacramento, CA 95814
http://www.lao.ca.gov/laoapp/LAOMenus/lao_menu_contact.aspx
<http://www.lao.ca.gov/laoapp/LAOMenus/lao_menu_contact.aspx>
– Initiative Coordinator, California Office of the Attorney
General
P.O. Box 944255 Sacramento, CA 94244-2550 (916) 445-4752
http://ag.ca.gov/initiatives/contact.php
<http://ag.ca.gov/initiatives/contact.php>
– Attorney General’s Office California Department of Justice
Attn: Public Inquiry Unit P.O. Box 944255 Sacramento, CA
94244-2550

In the meantime, we will be reviewing the measures to assess
possible legal vulnerabilities. Stay tuned.

—- from Friends of the Eel River.

Low Impact Development

Low Impact Development -  Create a Hydrologically Functional Lot

LID (low impact development) is an alternative method of land development that seeks to maintain the natural hydrologic character of the site or region. The natural hydrology, or movement of water through a watershed, is shaped over centuries under location-specific conditions to form a balanced and efficient system. When hardened surfaces such as roads, parking lots and rooftops are constructed, the movement of water is altered; in particular, the amount of runoff increases and infiltration decreases. This results in increased peak flow rate and volume, and pollution levels in stormwater runoff. LID designs with nature in mind: working with the natural landscape and hydrology to minimize these changes. LID accomplishes this through source control, retaining more water on the site where it falls, rather than using traditional methods of funneling water via pipes into local waterways. Both improved site design and specific management measures are used in LID designs. LID has been applied to government, residential and commercial development and redevelopment, and has proven to be a cost-efficient and effective method for managing runoff and protecting the environment.

Water Hits and Sticks

Findings Challenge a Century of Assumptions About Soil Hydrology

ScienceDaily (Jan. 23, 2010) – Researchers have discovered that some of the most fundamental assumptions about how water moves through soil in a seasonally dry climate such as the Pacific Northwest are incorrect — and that a century of research based on those assumptions will have to be reconsidered.

A new study by scientists from Oregon State University and the Environmental Protection Agency showed — much to the surprise of the researchers — that soil clings tenaciously to the first precipitation after a dry summer, and holds it so tightly that it almost never mixes with other water.

The finding is so significant, researchers said, that they aren’t even sure yet what it may mean. But it could affect our understanding of how pollutants move through soils, how nutrients get transported from soils to streams, how streams function and even how vegetation might respond to climate change.

The research was just published online in Nature Geoscience, a professional journal.

“Water in mountains such as the Cascade Range of Oregon and Washington basically exists in two separate worlds,” said Jeff McDonnell, an OSU distinguished professor and holder of the Richardson Chair in Watershed Science in the OSU College of Forestry. “We used to believe that when new precipitation entered the soil, it mixed well with other water and eventually moved to streams. We just found out that isn’t true.”

“This could have enormous implications for our understanding of watershed function,” he said. “It challenges about 100 years of conventional thinking.”

What actually happens, the study showed, is that the small pores around plant roots fill with water that gets held there until it’s eventually used up in plant transpiration back to the atmosphere. Then new water becomes available with the return of fall rains, replenishes these small localized reservoirs near the plants and repeats the process. But all the other water moving through larger pores is essentially separate and almost never intermingles with that used by plants during the dry summer.

The study found in one test, for instance, that after the first large rainstorm in October, only 4 percent of the precipitation entering the soil ended up in the stream — 96 percent was taken up and held tightly by soil around plants to recharge soil moisture. A month later when soil moisture was fully recharged, 55 percent of precipitation went directly into streams. And as winter rains continue to pour moisture into the ground, almost all of the water that originally recharged the soil around plants remains held tightly in the soil — it never moves or mixes.

“This tells us that we have a less complete understanding of how water moves through soils, and is affected by them, than we thought we did,” said Renee Brooks, a research plant physiologist with the EPA and courtesy faculty in the OSU Department of Forest Ecosystems and Society.

“Our mathematical models of ecosystem function are based on certain assumptions about biological processes,” Brooks said. “This changes some of those assumptions. Among the implications is that we may have to reconsider how other things move through soils that we are interested in, such as nutrients or pollutants.”

The new findings were made possible by advances in the speed and efficiency of stable isotope analyses of water, which allowed scientists to essentially “fingerprint” water and tell where it came from and where it moved to. Never before was it possible to make so many isotopic measurements and get a better view of water origin and movement, the researchers said.

The study also points out the incredible ability of plants to take up water that is so tightly bound to the soil, with forces nothing else in nature can match.

The research was conducted in the H.J. Andrews Experimental Forest near Blue River, Ore., a part of the nation’s Long Term Ecological Research, or LTER Program. It was supported by the EPA.

URGENT: Anti-CEQA initiatives URGENT

The ability of citizens to challenge EIRs is threatened by new initiatives drive. I’m not sure if you’ve heard about this, but it should be on your radar.
Four anti-CEQA initiatives have been submitted to the Attorney General’s office and one or more of them will soon be circulating for signatures.
The proponent is an Orange County developer and he appears to be trying to keep his options open by submitting four separate measures for a ballot title and summary.
DANGER: All the measures would prohibit anyone but the Attorney General from challenging an EIR. Some go further and prohibit even the AG from challenging the adequacy of climate change analysis in EIRs. And two of the versions purport to apply retroactively. We’ve attached copies.
They are titled: “California Jobs and Housing Act (Version 1, 2, 3, 4)” Submitted for Title and Summary on February 03, 2010.
In part the initiatives read:
…”Giving the Attorney General of California the exclusive right to challenge certified EIRs will put an end to hundreds of frivolous lawsuits, which stall job creation and drive up housing prices for California families.” …”Notwithstanding any provision of this division to the contrary, no individual or entity, including without limitation any person as that tenn is defined in Section 21066, other than the Attorney General may commence and maintain any such action or proceeding authorized by this subdivision (c).”
We are hearing that it is important for environmental groups to get involved immediately. Groups can get involved in at least two ways:
You can request a meeting with the Legislative Analyst’s Office, which will review the initiatives for potential fiscal impact. You can also contact the Government Section of the AG’s office, which prepares the initiative’s title & summary. We are told these agencies do want public input.

–California Legislative Analyist

(916) 445-4656
925 L Street, Suite 1000
Sacramento, CA 95814
http://www.lao.ca.gov/laoapp/LAOMenus/lao_menu_contact.aspx
<http://www.lao.ca.gov/laoapp/LAOMenus/lao_menu_contact.aspx>
– Initiative Coordinator, California Office of the Attorney
General
P.O. Box 944255 Sacramento, CA 94244-2550 (916) 445-4752
http://ag.ca.gov/initiatives/contact.php
<http://ag.ca.gov/initiatives/contact.php>
– Attorney General’s Office California Department of Justice
Attn: Public Inquiry Unit P.O. Box 944255 Sacramento, CA
94244-2550

In the meantime, we will be reviewing the measures to assess
possible
legal vulnerabilities. Stay tuned.

—- from Friends of the Eel River.