Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0) to major (5). For the violation, the potential harm to beneficial uses is above moderate (i.e., a score of 4). The discharge contained up to 2.6 mg/L residual chloramine, which is over 100 times the U.S. EPA’s acute water quality criterion of 0.019 mg/L. The chloraminated water killed at least 276 fish, including 70 rainbow trout /steelhead, 94 Sacramento sucker, 96 sculpin, and 16 xxxxxxx- back in San Mateo Creek. The dead fish were first observed on October 29, 2013, by San Francisco Public Utilities Commission (SFPUC) biologists in San Mateo Creek, about 0.8 miles downstream of the confluence of Xxxxxxxx and San Mateo creeks (See Attachment A, SFPUC biologist memo dated November 1, 2013). The California Department of Fish and Wildlife warden and biologists collected the dead fish on October 29 and 30, and November 1, 2013. Some of the dead fish were found displaced and stranded outside of the wet channel likely due to the temporary increase in flow resulting from the discharge. Additionally, the discharge also caused significant bank erosion in Xxxxxxxx Creek and subsequently sediment deposition in both Xxxxxxxx and San Mateo creeks. (See photographs 3-7 of Attachment B, Regional Water Board staff inspection report photographs dated November 1, 2013, documenting erosion and turbid water observed.) The average discharge flow rate was approximately 2,280 gallons per minute1, which is almost seven times higher than the ambient creek flow rate2. The increased discharge eroded the stream bed and banks thereby increasing turbidity and depositing sediment downstream. High turbidity can impair the feeding ability of fish and interfere with fish respiration; excessive sedimentation can impair fish spawning and rearing habitats. Factor 2: The Physical, Chemical, Biological or Thermal Characteristics for the Discharge A score between 0 and 4 is assigned based on a determination of the risk or threat of the discharged material. For the violation, the risk or threat of the discharge is moderate (i.e., a score of 2). The discharge was potable water with chloramine at concentrations up to 2.6 mg/L. Chlorine or chloramine exhibits toxicity to aquatic life even at low concentrations, and the U.S. EPA Water Quality Criterion for chlorine or chloramine to prevent acute (lethal) effects to aquatic life is 0.019 mg/L. Factor 3: Suscepti...
Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0) to major (5). The potential harm to beneficial uses is below moderate (i.e., a score of 2). The Enforcement Policy defines below moderate for cases where “…impacts [to beneficial uses] are observed or reasonably expected [and] harm to beneficial uses is minor.” The beneficial uses of San Pablo Creek and its tributaries include freshwater and wildlife habitat, preservation of rare and endangered species, fish spawning, and fish migration. Elevated turbidity can impact these beneficial uses (as described below under Factor 2) particularly there is concentrated flow for a sustained period of time. The discharge of turbid storm water from the Xxxxxx Project lasted for between 4 and 24 hours during the 1.25 inch rain event on December 15, 2014. The runoff was opaque due to the entrained sediments (a submerged dark object was not visible below a depth of 1 inch). The overall harm to beneficial uses from this discharge is considered minor because the sediment-laden runoff was diluted by runoff from undisturbed areas of the San Pablo Creek watershed.
Harm or Potential Harm to Beneficial Uses. The Enforcement Policy specifies that a score between 0 and 5 be assigned based on a determination of whether direct or indirect harm, or potential for harm, from a violation is negligible (0) to major (5). Violations 1 through 4: The potential harm to beneficial uses from the discharge is below moderate (2). Below moderate is assigned when “impacts are observed or reasonably expected, harm to beneficial uses is minor.” The sediment-laden water that discharged to the Permanente Creek had the potential to cause harm to beneficial uses. The San Francisco Bay Basin Water Quality Control Plan lists the beneficial uses of Permanente Creek. The listed uses potentially impacted by the discharge are groundwater recharge (GWR), cold freshwater habitat (COLD), warm freshwater habitat (WARM), preservation of rare, threatened or endangered species (RARE), fish spawning (SPWN), wildlife habitat (WILD), contact water recreation (REC-1), non-contact water recreation (REC-2), and municipal and domestic water supply (MUN). The threat to beneficial uses is considered below moderate because although freshwater aquatic biota related to beneficial uses could have potentially been harmed by a sediment-laden discharge, the discharge occurred during a storm and most likely received dilution from Permanente Creek wet weather high water flow.
Harm or Potential Harm to Beneficial Uses. A score between 0 (negligible) and 5 (major) is assigned based on a determination of the harm or potential for harm to beneficial uses. The Facility discharges treated municipal wastewater to Old Alamo Creek, a tributary to New Alamo Creek which drains into Ulatis Creek. Old Alamo Creek, New Alamo Creek, and Ulatis Creek are all waters of the United States located within the Sacramento-San Xxxxxxx Delta. As described in the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, Fourth Edition, the designated beneficial uses for Old Alamo Creek that could be impacted by the spill of super-chlorinated wastewater include agricultural supply (irrigation and stock watering); industrial (process supply, service supply); recreation (contact, non-contact); freshwater habitat (warm); wildlife habitat; and navigation. The most sensitive beneficial use for this discharge is freshwater habitat (warm), due to the potential exposure to elevated levels of super-chlorinated effluent to aquatic life. The Waste Discharge Requirements (WDRs) contain residual chlorine effluent limits; the low values for these limits reflect the highly toxic nature of chlorine to aquatic organisms. The Discharger did not sample Old Alamo Creek during or after the discharge, but did calculate the chlorine concentration in the discharge itself. The table below provides the calculated concentrations as compared to the WDRs’ effluent limitations. Calculated Chlorinated Values vs Effluent Limitations Limitation Duration Calculated Value Effluent Limitation 1-hour average 2.72 mg/L 0.019 mg/L 4-day average 0.028 mg/L 0.011 mg/L The Fact Sheet of the WDRs states that in the 1960’s, Alamo Creek was realigned. “Part of the original Alamo Creek channel was left in place and renamed Old Alamo Creek. The realignment of the creek cut off flows from the upper watershed to Old Alamo Creek leaving it dry with the exception of discharges from the Easterly WWTP, Xxxxxx-Xxxxxx groundwater remediation project, storm water runoff, and agricultural runoff.” At the time of the discharge, the Facility was the major source of water into Old Alamo Creek, and therefore there was little dilution to mitigate the super-chlorinated discharge. The potential harm to beneficial uses was determined to be “moderate,” which is defined as a “moderate threat to beneficial uses (i.e., impacts are observed or reasonably expected and impacts to beneficial uses are moderate and likely to attenuate without app...
Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0) to major (5). For this violation, the potential harm to beneficial uses is moderate (i.e., a score of 3). The Enforcement Policy, at page 12, provides that harm is moderate where there is a “impacts are observed or reasonably expected and impacts to beneficial uses are moderate and likely to attenuate without appreciable acute or chronic effects.” The San Francisco Bay Basin Water Quality Control Plan (Basin Plan) designates groundwater in this basin (Napa-Sonoma Valley, Napa Valley Basin 2-2.01) as having the following existing beneficial uses: Municipal and Domestic Supply (MUN), Industrial Process Supply (PROC), Industrial Service Water Supply (IND), and Agricultural Water Supply (AGR). The discharge reached groundwater, where it contaminated the Plant’s onsite water well (GRD-001) and another well at a residence located immediately adjacent to the Plant (Teo Well, 83 Chaix Lane). The xxxxx contained elevated levels of indicator bacteria (total and fecal coliform bacteria). The City reported that a tenant at the 00 Xxxxx Xxxx property complained that the water flowing into his washing machine “smelled like sewer.” Due to the contamination, the City’s Plant employees discontinued use of the well which was being used for non-potable uses such as equipment washing and toilet flushing. A nearby well located approximately one-third of a mile west of Pond 1A (515 Chaix Lane) was unaffected. Although there was some impact to groundwater that occurred for a period of at least 5 days, the impacts to beneficial uses are moderate and likely to attenuate without appreciable acute or chronic effects. This is because the geographic extent of the harm was limited to an area containing 2 xxxxx: one neighboring residential and the City’s own well. Additionally, bacteria, one of the main pollutants in wastewater, have relatively short lifespans. In a World Bank report on water supply and sanitation, the typical survival time of coliform is cited as less than 60 days and usually more than 30 days in freshwater and wastewater1 at temperatures ranging from 68°F and 86°F. Since the groundwater temperatures in the Napa Valley region are about 62°F2, coliform bacteria likely persisted longer than 60 days but less than a few months. In the specific circumstances here, the Regional Water Board staff concludes that a finding that harm or pote...
Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0) to major (5). In this case the potential harm to beneficial uses was determined to be moderate (i.e. a score of 3), which is defined as a “moderate threat to beneficial uses (i.e. impacts are observed or reasonably expected and impacts to beneficial uses are moderate and likely to attenuate without appreciable acute or chronic effects).” The Discharger failed to implement appropriate erosion and sediment control BMPs prior to storm events in October, November, and December 2012. This failure resulted in at least 822,701 gallons of sediment-laden discharges in November and December to an ephemeral creek tributary to Xxxxxx Creek. Xxxxxx Creek flows to Don Xxxxx Reservoir. The beneficial uses of Don Xxxxx Reservoir, as stated in the Basin Plan, are: municipal and domestic supply; hydropower generation; water contact recreation; non-contact water recreation; warm freshwater habitat; cold freshwater habitat; and wildlife habitat. In many of their documents, Caltrans and the Water Board refer to the ephemeral creek near the Project’s Mono Way east abutment as “Algerine Ditch”. Labeling this drainage course as Algerine Ditch is a misnomer, however, because the historic Algerine Ditch begins several miles to the southwest on Xxxxxx Creek near Xxxxxxx Lake and extends approximately 10 miles south and west past the Algerine School site to Blue Gulch Reservoir, according to the 2012 Tuolumne Utilities District Ditch Sustainability Project Historic Evaluation Report. According to the report, the USGS mapped ditch is inaccurate in many locations, but it is clear from the report that the ditch does not extend north of Xxxxxxx Lake. However, for consistency with the previous agency documents, the term “Algerine Ditch” is used here to refer to the unnamed tributary to Xxxxxx Creek which passes the Mono Way east abutment area and connects to Xxxxxx Creek south of Camage Avenue. “Algerine Ditch” was identified as a water of the United States and subject to regulation under Section 404 of the federal Clean Water Act (CWA) in the Natural Environment Study (NES) prepared by Caltrans for the Project in 2008. Caltrans applied for and received a CWA section 404 permit, a CWA 401 certification, and a California Department of Fish and Wildlife streambed alteration permit for its construction activities in the creek and other Project areas. The...
Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0) to major (5). In this case the potential harm to beneficial uses was determined to be moderate (i.e. a score of 3), which is defined as a “moderate threat to beneficial uses (i.e. impacts are observed or reasonably expected and impacts to beneficial uses are moderate and likely to attenuate without appreciable acute or chronic effects).” The Discharger failed to implement appropriate erosion and sediment control BMPs prior to storm events in October, November, and December 2012. This failure resulted in at least 822,701 gallons of sediment-laden discharges in November and December to “Algerine Ditch”, a tributary to Xxxxxx Creek, which flows to Don Xxxxx Reservoir. The beneficial uses of Don Xxxxx Reservoir, as stated in the Basin Plan, are: municipal and domestic supply; hydropower generation; water contact recreation; non- contact water recreation; warm freshwater habitat; cold freshwater habitat; and wildlife habitat. “Algerine Ditch” was identified as a water of the United States and subject to regulation under Section 404 of the federal Clean Water Act (CWA) in the Natural Environment Study (NES) prepared by Caltrans for the Project in 2008. Caltrans applied for and received a CWA section 404 permit, a CWA 401 certification, and a California Department of Fish and Wildlife streambed alteration permit for its construction activities in the creek and other Project areas. The NES identified suitable habitats for multiple special-status species within the Project’s Biological Study Area. The species included valley elderberry beetle (VELB); San Xxxxxxx Xxxxx; California red legged frog; western pond turtle; coast horned lizard; multiple bat species; multiple nesting bird species, and multiple plant species. The California Natural Diversity Database (CNDDB) lists Sierra Nevada yellow-legged frog, San Xxxxxxx xxxxx, and other species as occurring in the area of the Standard USGS 7.5’ quadrangle map. Xxxxxx Creek and “Algerine Ditch” are within the Standard map, so these species may have been impacted by sediment discharged from the Project. Discharges of sediment to surface waters can cloud the receiving water, thereby reducing the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas, and impede navigation. Sediment can also transport other materials such as nutrients, ...
Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses ranges from negligible (0) to major (5). During the 17-19 October 2015 incident, raw sewage was discharged to Arcade Creek, a tributary to the Sacramento River. The designated beneficial uses of the Sacramento River and its tributaries that could be impacted by the unauthorized discharge include municipal and domestic supply, irrigation supply, contact and non-contact recreation, warm and cold freshwater habitat, warm and cold migration, warm and cold spawning, wildlife habitat, and navigation. Raw sewage spilled directly to Arcade Creek. Discharges of sewage to surface water must typically be treated to a high standard to prevent adverse impacts to aquatic life. Toxicity is the degree to which a substance can damage a living or non-living organism. Toxicity can refer to the effect on a whole organism, such as an animal, bacterium, or plant, as well as the effect on a substructure of the organism, such as a cell or an organ. In this case, the discharge consisted of raw sewage, which contains pathogens, nitrogen, ammonia, and biological oxygen demand. The discharge was into a small creek with typically low flow in the fall months, so there was little opportunity for dilution and therefore additional contact time with sensitive species. Fish are highly sensitive to even small concentrations of ammonia. On October 19th, three days after the spill began, the Discharger collected water samples upstream and downstream of the spill. Results are shown in the table below. Based on the analytical results, the upstream samples were influenced by the spill (it is noted that the Discharger’s spill report states that the spill moved upstream as well as downstream). The downstream results either show the extent of the spill or that the spill had become diluted with natural water in Arcade Creek. Constituent Upstream, about 60 feet (influenced by spill) At spill origin Downstream, about 1.75 miles Total coliform organisms, MPN/100 ml 54,000,000 54,000,000 5,400,000 Biochemical oxygen demand, mg/L 75 1,600 15 Ammonia –N, mg/L 12 15 0.44
Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses ranges from negligible (0) to major (5). During the 2-12 January 2017 incident, raw sewage was discharged to Cold Creek, a tributary to the Sacramento River, and a Water of the United States. The designated beneficial uses of the Sacramento River from its source to Box Canyon Reservoir that could be impacted by the unauthorized discharge include irrigation supply, stock watering, contact and non-contact recreation, cold freshwater habitat, and wildlife habitat. Raw sewage, containing pathogens, nitrogen, ammonia, and biological oxygen demand impacts cold freshwater habitat and wildlife habitat because fish are highly sensitive to even small concentrations of ammonia. In addition, raw sewage, adversely impacts contact and non-contact recreation because it contains pathogens which adversely effect human health. On 12 January 2017, the day the discharge was stopped, the Discharger began collecting water samples upstream and downstream of the spill. Results of the 12 January 2017 sample are shown in the table below. Additional data was collected at further downstream locations and is included in the Discharger’s 16 February 2017 technical report. Based on the analytical results, the spill influenced the water quality at downstream locations. Later sample results indicate that the downstream conditions improved shortly after the spill stopped, as heavy flows in Cold Creek washed out the raw wastewater. Table 1 - Sample Results from 12 January 2017 Constituent Upstream Downstream #1 Downstream #2 Total coliform organisms, MPN/100 mL 800 160,000 30,000 Fecal coliform organisms, MPN/100 mL 500 160,000 11,000 Ammonia –N, mg/L 0 0.64 0.14
Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses ranges from negligible (0) to major (5). Raw sewage was discharged to multiple surface waters or spilled in a location where it potentially would be discharged to surface waters. A score of 3 was assigned to this factor as the majority of the spills were cleaned up. Factor 2: The Physical, Chemical, Biological or Thermal Characteristics of the Discharge. A score between 0 and 4 is assigned based on a determination of the risk or threat of the discharged material. A score of 3 was assigned for this factor for the same reasons as discussed in Violation 1.
