Lawsuit alleging pollution by cities dropped




DIRTY WATER?—Local streams such as this one push oil and debris into the ocean. Superior Court ruled that cities were not liable.

DIRTY WATER?—Local streams such as this one push oil and debris into the ocean. Superior Court ruled that cities were not liable.

After a two-year dispute, Los Angeles Superior Court ruled against a lawsuit that claimed some 20 local cities and two counties were releasing too much bacteria into Santa Monica Bay.

In March 2008, the Natural Resources Defense Council (NRDC) and Santa Monica Baykeeper, two environmental action organizations, sued Malibu and Los Angeles County for violating the 2001 federal Clean Water Act.

The lawsuit sought to hold Malibu and the county accountable for the urban runoff that serves as a main source of coastal pollution Southern California.

A federal court found the city and county in violation of the federal law for discharing polluted water into Surfrider Beach.

The court case prompted the Regional Water Quality Control Board to notify local agencies and cities such as Agoura Hills, Calabasas and Westlake Village that they, too, were violation of the California water code because of high levels of bacteria in the water.

But L.A. County Superior Court Judge David Yaffe rejected the regional board’s efforts to punish the cities because, he said, the board didn’t follow adequate procedures when it revised its discharge permits.

Calabasas Mayor Barry Groveman said the dismissal of the case won’t prevent future actions against municipalities.

“This issue will not go away. Cities should take care of the problem without being sued,” Groveman said.

“Cities claim the board’s requirements were not achievable or necessary, but at the end of the day, it doesn’t matter if there was small victory. Water regulations need to be obeyed,” he said.

The cities argued that clean-water regulations are too stringent and costly to implement, but Groveman said environmental groups should still pressure the regional water board to crack down on polluters.

“The two organizations that sued are wearing the white hats, and I fully support what they’re doing to protect the environment,” he said.

The mayor said Calabasas recently implemented a septic tank ordinance to prevent bacterial pollution downstream.

“Efforts in Calabasas, although not popular, must be done to keep water clean,” Groveman said. “Everybody needs to stay focused on the objective. Human coliform and pathogens don’t belong in water resources.”

Calabasas also applied for a grant to modernize irrigation systems in public facilities, parks, medians and parkways and to reduce runoff.

John Knipe, public works director for Westlake Village, said his city has also worked to eliminate bacterial pollution sources.

“There was a considerable amount of time spent to put together the report for the Regional Water Quality Control Board. But we were able to uncover facts showing that we were not contributing to this problem,” Knipe said.

In recent years, Westlake Village has worked with Las Virgenes Municipal Water District to administer several projects funded by Proposition 50, a clean-water bond measure that passed in 2002.

In addition to improving irrigation systems throughout town, Westlake Village removed medians on Triunfo Canyon Road and a section of Agoura Road and introduced a basin-like design to redirect runoff toward the city’s main lake.

Carlos Reyes, director of resource conservation for Las Virgenes Municipal Water District, said the district partners with schools and cities for many irrigation projects.

“Runoff control is also a big part of our landscaping class, public service announcements and water conservation programs,” Reyes said.

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