HomeMy WebLinkAboutC-8576-1 - Settlement Agreement and ReleaseFINAL EXECUTION COPY
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement"), effective as of
the last date of execution below ("Effective Date"), is made by and
between California River Watch, a nonprofit corporation, on behalf of
itself and its members ("CRW'), and the City of Newport Beach ("the
City"), a California municipal corporation. CRW and the City are
sometimes hereinafter each referred to as "Party" or collectively as the
"Parties."
RECITALS
A. California River Watch is an Internal Revenue Code § 501(c)(3)
nonprofit, public benefit corporation organized under the laws of
the State of California, dedicated to protecting, enhancing, and
helping to restore the surface waters and ground waters of
California, including coastal waters, rivers, creeks, streams,
wetlands, vernal pools, aquifers and associated environs, biota,
flora and fauna, and to educating the public concerning
environmental issues associated with these environs.
B. The City of Newport Beach, organized under the laws of the State
of California, owns and operates a sewage collection system
consisting of approximately 197 miles of gravity sewer, 4,900
manholes and cleanouts, 25,525 lateral connections, 21 pump
stations, and 4.8 miles of force mains.
C. The City has been enrolled under the Statewide General Waste
Discharge Requirements for Sanitary Sewer Systems ("WDR"),
State Water Resources Control Board Order No. 2006-003-DWQ
since the WDR's adoption in May 2006.
D. On January 22, 2018, CRW served the City with a 60 -day Notice
of Violations and Intent to File Suit under the federal Clean
Water Act ("Notice Letter") alleging the City's operations of its
sewage collection system violated the Clean Water Act. A copy of
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the Notice Letter is attached to this Agreement as Exhibit A.
E. The City denies any and all of CRW's allegations and claims in the
Notice Letter, and further avers that the City has an ongoing
water quality improvement program that have made a striking
difference in the health of the bay. The City has a Water
Quality/Coastal Tidelands Committee that is chaired by a member
of the City Council and has been recognized by the Regional Water
Quality Control Board, Surf Rider, Heal the Bay, and Orange
County Coast Keepers for its water quality programs. The City's
goal is to continue programs improving water quality by
implementing policies, programs and projects that improve the
water quality and habitat of Newport Bay and the ocean.
F. The Parties have expended effort and resources in investigating
and evaluating allegations and claims set forth in the Notice
Letter, including the exchange of information regarding the
collection system, as well as engaging in a negotiation and
technical dialogue regarding settlement.
G. The Parties now wish to resolve and settle all disputes,
obligations, and purported or actual claims or causes of action,
which may exist by and between CRW and the City, including
without limitation any disputes, obligations, claims and/or causes
of action that were or could have been asserted in or pursuant to
the Notice Letter.
NOW, THEREFORE, in consideration of the execution of this
Agreement and the releases, satisfactions and promises made herein, it
is hereby agreed upon by the Parties as follows:
TERMS AND CONDITIONS
1. Parties Bound By This Agreement and Length of Agreement. This
Agreement, and each of its provisions, including all
representations, warranties, and promises contained herein,
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binds, and inures to the benefit of CRW and the City, and each of
their respective assigns, present and future affiliates, parents,
subsidiaries, predecessors and successors in interest whether by
merger, consolidation, or otherwise, as well as their respective
representatives, agents, and administrators, past, present, and
future.
2. Actions by the City. In exchange for the delivery, execution, and
performance of this Agreement and of the Release and Covenant
Not to Sue by CRW as provided herein, the City shall perform the
below -specified projects and update its SSMP as appropriate. The
City reserves the right, in its sole discretion, to determine: (i)
which persons shall perform any work described herein, including
contractors; and (ii) the scope and technical details of, and the
manner to implement, such work subject to review and approval
by the Regional Water Quality Control Board (or such other
regulatory agency as may, from time to time, exercise jurisdiction
with respect to environmental matters under the WDR or any
permit issued pursuant to that general discharge requirements.).
The City shall perform these tasks within the next five years and
the Termination Date for this work shall be five years from the
date of the Effective Date.
2.1. Sewer Collection System Investigation and Repair
2.1.a. Definitions.
i. Surface Water Condition Assessment: A report
that comprises inspection, rating, and evaluation of the
existing condition of a sewer collection system pipes 30
inches or smaller in diameter and located within 200 feet of
Upper Newport Bay, Lower Newport Bay, Semeniuk Slough,
and the Pacific Ocean. Inspection will be based upon closed
circuit television ("CCTV") inspections for sewer lines;
manhole inspections for structural defects; and inspections
of pipe connections at the manhole. After CCTV inspection
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occurs, pipe conditions will be assigned a grade pursuant to
the Pipeline Assessment and Certification Program ("PACP")
rating system, developed by the National Association of
Sewer Service Companies.
ii. Significantly Defective: A sewer pipe is
considered to be significantly defective if its condition
receives a structural grade of 4-5 based on the PACP rating
system. The PACP assigns grades based on the significance
of the defect, extent of damage, percentage of flow capacity
restriction, and/or the amount of pipe wall loss due to
deterioration. Grades are assigned as follows:
5 — Most significant defect
4 — Significant defect
3 — Moderate defect
2 — Minor to moderate defect
1— Minor defect.
iii. Collection System: A system of pipes, sewer
lines, or other conveyances owned by the City and located
within the City's boundary that are used to collect and
convey wastewater to the Publicly Owned Treatment Works
("POTWs").
2. Lb Within three (3) years after the Effective Date of this
Agreement, the City shall repair, rehabilitate or replace all
sewer lines in the City's sewer collection system that are
within 200 feet of a surface water which have been CCTV'd
within the past ten (10) years and were rated pursuant to
the PACP system as grade 5.
2.1.c. Within three (3) years after the execution of this
Agreement, the City shall complete an assessment pursuant
to the PACP standards of sewer lines which have not been
CCTV'd during the past ten (10) years.
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2. l .d. Within five (5) years after completion of the Surface
Water Condition Assessment conducted pursuant to
paragraph 2.1.c., the City shall repair, rehabilitate replace
or abandon all sewer lines found in the Surface Water
Condition Assessment are to be PACP grade 5. For gravity
sewer lines currently rated PACP Grade 4, the City will
consider the seriousness of the defect and the proximity of a
gravity sewer line to surface waters and public drinking
water wells currently in use when determining whether to
repair, replace, or take other appropriate action on the line.
If the PACP 4 graded sections pose an imminent and
substantial risk to health or the environment, these lines
will be replaced within one year of this determination by the
City.
2.2. SSO Reporting and Response.
2.2.a. Within ninety (90) days after the Effective Date of this
Agreement, the City shall modify its Spill Response
protocol(s) to require City staff to include the following
information when completing the City's Sanitary Sewer
Overflow Report Form:
i. The method or calculations used for estimating total
spill volume, spill volume that reached surface waters,
and spill volume recovered in a manner consistent with
the Orange County Area Waste Discharge
Requirements Steering Committee's Sewer Spill
Estimation Guide (2014) or any update thereto;
ii. For Category I spills and Category II spills that occur
at the same location more than twice within a three
month period, a listing of nearby residences or business
owners within a 100 foot radius of the spill who have
been contacted to attempt to establish the SSO start
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time, duration, and flow rate, if such start time,
duration, and flow rate have not been otherwise
reasonably ascertained, such as from a caller who
provides information that brackets a given time that
the SSO began; and
iii. Taking of photographs of the manhole flow at the SSO
site using either the San Diego Manhole Overflow Rate
Chart or the CWEA Southern Section Collection
Systems Committee Manhole Overflow Guage (if
applicable to the SSO), or other photographic evidence
that may aid in establishing the spill volume.
2.2.b. The City shall implement and place in its Sewage
System Overflow Emergency Response Plan ("OERP"), to the
extent not already included in the existing OERP, the
following:
i. Detailed cleanup and disinfection procedures including
methods used to reduce the potential for human health
risks and adverse environmental impacts that are
associated with an SSO event, that include the
following:
Unless the City determines that an SSO poses an
imminent and substantial endangerment to human
health or the environment (e.g., the SSO discharges
to a schoolyard) for SSOs in which 7,500 gallons or
greater are spilled to surface waters, then water
quality monitoring if any and if feasible within 48
hours after the SSO for ammonia, total and fecal
coliform, enterococcus, and a -coli to ensure that all
sewage has been either removed or mitigated.
• In any affected surface water area in which the
City cannot confirm that all of the sewage from an
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SSO has been removed or mitigated from either: (1)
an SSO of 7,500 gallons or greater; or (2) an SSO of
less than 7,500 gallons which the City determines
poses an imminent and substantial endangerment
to human health or the environment, the City shall,
coordination with Orange County Health Care
Agency and any other County -wide organizations
responsible for beach and beach safety within the
City's jurisdictional limits to take any action
required by these agencies including, but not limited
to, posting appropriate public notification signs and
placing barricades to keep vehicle and pedestrians
away from contact with spilled sewage. For example,
signs may be required to be posted at creeks and
streams that have been contaminated as a result of
an SSO and at visible access locations until the risk
of exposure has subsided to acceptable background
levels. To the extent required, warning signs should
be checked every day to ensure that they are still in
place. Major spills (where 100,000 gallons or more of
sewage reaches surface waters) warrant broader
public notice. For such major spills, the City shall
contact local media when significant areas may have
been contaminated by sewage and may pose a
danger to public health. Any required signs and
other public notices will not be removed until the
appropriate County agencies has determined there
is no further risk to public health and the
environment.
• For SSOs to hard surfaces, all sewage should be
vacuumed up and the affected area washed down
with potable water. If the SSO has been partially
absorbed by soils, the soils should be removed and
replaced as necessary and practicable. If all affected
soils cannot be removed and replaced, and the area
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is accessible to the public, an appropriate sign or
notice should be posted as appropriate.
2.2.c. Water quality sampling and testing is required to
determine the extent and impact of the SSO whenever there
is an SSO or greater than 7,500 gallons that enters a
surface water. The water quality sampling procedures shall
include all monitoring requirements contained in the State
Water Resources Control Board's Monitoring and Reporting
issued as Order No. WQ 2013 -0058 -EXEC. Part D:
2.2.d.The City shall, within one year after the Effective
Date, establish and implement a Standard Operating
Procedure to ensure the City's storm drain diversion system
is in proper working order and not allowing bypass.
2.2.e. The City shall, on the appropriate City websites,
create a hyperlink from those websites to the CIWQS SSO
Public Reports and to SSO Reporting.
2.4. Chemical Root Control.
2.4.a The City shall use chemicals approved and/or
recommended by the federal Environmental Protection
Agency or Regional Water Quality Control Board. All root
control contractors shall be instructed that application shall
comply with the recommendations of the manufacturer of
the chemical and as required by Cal -OSHA. Within one (1)
year after execution of this Agreement, the City shall
develop methods for the safe and effective application of root
control agents. These methods shall include:
i. Using root control agents that have a half-life of sixty
(60) days or less and the breakdown products are non-
toxic to aquatic plants or animals;
ii. Contractors will be required to submit record keeping
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that includes identifying the section being treated; a
map identifying locations where treatment occurs; the
chemical(s) used including the MSDS sheets; and the
amounts applied; and
iii. The Collection System crews will monitor areas where
chemical root control has been used for vegetation die -
off in a patter that suggests root control chemicals have
escaped from the sewer and caused plant mortality. If
such vegetation die -off is observed, the City will take
action to avoid recurrence.
2.4.b. These requirements shall be included in the City's
updated SSMP within one year after the Effective Date of
this Agreement.
2.5. Staff Training.
Within ninety (90) days after the Effective Date of this
Agreement, the City will develop a Standard Operating
Procedure for training of City staff with primary
responsibility for maintenance of the Collection System. The
Standard Operating Procedure will provide that such staff
will obtain a California Water Environment Association
Certification of Collections I within one (1) year of
assignment. To the extent this requirement conflicts with
any collective bargaining agreement applicable to relevant
City staff, the provisions of the collective bargaining
agreement will prevail.
3. Attorney's Costs and Fees. Within ten (10) calendar days after the
Effective Date of this Agreement, the City shall pay CRW the sum
of fifty thousand dollars($ 50, 000.00). Payment shall be made by
the City to CRW in the form of a single check payable to
"California River Watch" and mailed to the Law Office of Jack
Silver, 708 Gravenstein Highway North, # 407, Sebastopol, CA
95472. Said payment shall constitute full and complete
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satisfaction of all costs of litigation and attorneys' fees incurred by
CRW that have or could have been claimed in connection with this
matter up to and including the Effective Date of the Agreement,
and for CRW's expert and attorneys' fees and costs for monitoring
and enforcing the City's compliance with the ongoing obligations
under this Agreement up to and including the Termination Date.
4. Covenant Not to Sue.
A. Commencing upon the Effective Date of this Agreement
through the Termination Date, CRW agrees that neither CRW, its
officers, executive staff, members of its governing board, nor any
organization under the control of CRW, its officers, executive staff,
or members of its governing board, will serve any 60 -day Notice of
Violations and Intent to Sue or file any lawsuit against the City
seeking relief for alleged violations of the Clean Water Act (33
U.S.C. § 1251 et seq.) regarding wastewater from the City's sewage
collection system.
B. Commencing upon the Effective Date and for a period of five
(5) years thereafter, CRW agrees that neither CRW, its officers,
executive staff, members of its governing board, nor any
organization under the control of CRW, its officers, executive staff,
or members of its governing board, will serve any 60 -day Notice of
Violations and Intent to Sue or file any lawsuit against the City
seeking relief for alleged violations of the Clean Water Act (33
U.S.C. § 1251 et seq.) regarding wastewater from the City's sewage
collection system, nor will CRW act affirmatively to initiate,
encourage, or support such lawsuits specifically against the City
brought by other groups or individuals by providing financial
assistance, personnel time, or any other affirmative actions.
5. Release.
A. It is the intent of the Parties that the execution and delivery
of this Agreement constitutes a full and complete satisfaction of
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all rights, claims and demands by CRW against the City with
respect to any and all allegations and claims made in the Notice
Letter under the Clean Water Act. CRW on behalf of itself and
any and all of its agents, representatives, successors, members,
and assigns, except as otherwise provided for herein, does hereby
absolutely, fully completely and forever release, relieve, remise
and discharge the City and its past and present employees,
officers, directors, officials, attorneys, and the predecessors,
successors, and assigns of any of them, from any and all causes of
actions, claims, damages (including punitive damages), demands,
debts, actions, attorneys' fees, costs of suit, and liabilities of every
kind or nature whatsoever, arising out of claims that were or
could have been asserted under the Clean Water Act regarding
wastewater from the City's sewage collection system, which
occurred at any time up to and including the Effective Date of this
Agreement. The release provided for herein shall be valid and
effective whether the claims, causes of action, or liability hereby
released (i) were known or unknown, suspected or unsuspected,
(ii) were based in contract, tort, statute, or otherwise, or (iii) arise
at law or in equity. The release shall survive the termination of
this Agreement, whether by satisfaction of the terms and
conditions hereof or operation of law.
B. CRW acknowledges that it is familiar with Section 1542 of
the California Civil Code. CRW expressly waives and relinquishes
any rights and benefits which it has or may have under Section
1542 of the Civil Code of the State of California, which provides:
A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her
favor at the time of executing the release which if known
by him or her must have materially affected his or her
settlement with the debtor.
CRW acknowledges that it has specifically reviewed with its
attorney the meaning and effect of the release set forth herein, the
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language of California Civil Code Section 1542, and the waiver
contained herein. CRW acknowledges that its attorneys have
fully explained the impact of these provisions, and CRW
knowingly accepts the risks associated with these provisions.
6. No Admission. The Agreement is the direct result of a compromise
of disputed allegations and claims. As such, this Agreement shall
not, for any purpose, be considered as an admission of liability by
the City, nor shall the payment of any sum of money in
consideration for the execution of this Agreement constitute of be
construed as an admission of any liability by the City, which
expressly denies any such liability or wrongdoing.
7. Delays in Schedule Implementation. In the event implementation
by the City of the remedial measures set forth in Section 2 of this
Agreement does not occur by the agreed to dates, despite the
timely good faith efforts of the City to acquire any necessary
approvals and/or permits, or due to factors unforeseen at the time
this Agreement was entered into, the City agrees to notify CRW in
writing as soon as practicable after the anticipated delay becomes
apparent, and in any case except in a case of force majeure
described below, not less than twenty (20) days prior to any
deadline set forth in Section 2, and shall describe the reasons for
the anticipated delay.
S. Force Majeure. The City shall not be deemed in default or breach
of this Agreement by reason of any event which constitutes a force
majeure. For purposes of this Agreement, a force majeure is
defined as any event arising from causes beyond the reasonable
control of the City or its contractors that delay or prevents
performance. This includes, without limitation, acts of God, acts
of war, acts of terrorism, fire, explosion, extraordinary weather
events, restraint by court order or public authority, or other
causes beyond the City's reasonable control. Neither increased
costs nor economic hardship alone shall constitute a force
majeure.
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9. Breach of Agreement and Dispute Resolution. Any disputes
between CRW and the City concerning any alleged breach of this
Agreement shall be subject to the following dispute resolution
procedures. Failure to satisfy the payment condition in Section 3
is a substantial breach of this Agreement and relieves CRW of its
obligations under this Agreement.
9.1 Good Faith Negotiations. CRW and the City shall make good
faith efforts to resolve informally any alleged breach of the
Agreement. If informal efforts to resolve the alleged breach
are unsuccessful, that Party shall provide written notice of
the alleged breach and that Party's intent to initiate the
dispute resolution procedure of this Section 9. The notice
shall include a recitation of all facts and circumstances
giving rise to the dispute, including the particular provisions
of the Agreement alleged to have been breached.
9.2 Mediation. If the dispute is not resolved by the Parties
within thirty (30) days after such notice is given, such
dispute shall participate in a non-binding mediation of at
least one (1) half-day mediation session before a mutually
agreeable neutral mediator. The Parties shall equally share
in the costs charged by the mediator, however the parties
shall each bear their own costs and attorney's fees incurred
in connection with such mediation.
9.3 Waiver. By agreeing to these preliminary dispute resolution
provisions, the Parties understand that they are waiving
certain important rights and protections that otherwise may
have been available to each of them if a dispute between
them were determined by judicial action including, without
limitation, the right to a jury trial, and certain rights of
appeal. Other than the remedies contained within this
Agreement including dispute resolution and specific
performance of the terms of this Agreement, there are no
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other remedies. The Parties specifically agree that there is
no basis within this Agreement or within the contemplation
of the Parties to support a claim for consequential damages
due to any form of breach.
10. Notices. All notices, consents, approvals, requests, demands and
other communications (collectively, "Notice") which the parties are
required or desire to serve upon or deliver to the other Party shall
be in writing and shall be given by nationally — recognized
overnight courier, by certified United States mail, return receipt
requested, postage prepaid, addressed as set forth below,
addressed as set forth below:
If to CRW: Jack Silver, Esq.
Law Office of Jack Silver
708 Gravenstein Highway North, #407
Sebastopol, CA 95472
Tel: (707) 528-8175
Email: lhm28843@sbcalobal.net
If to the City: Clerk of the City of Newport Beach
City Attorney for the City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Tel. (949) 644-3131
The foregoing addresses may be changed by Notice given in
accordance with this Section 10. Any Notice sent by mail shall be
deemed received two (2) days after the date of mailing. Any
Notice sent by electronic mail shall be deemed received upon
electronic transmission thereof provided the sender does not
receive electronic notice of non-delivery. Any Notice sent by
overnight courier service shall be deemed received on the day of
actual delivery as shown by the confirmation of delivery by the
messenger or courier service. If the date of receipt of any Notice to
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be given hereunder falls on a weekend or legal holiday, then such
date of receipt shall automatically be deemed extended to the next
business day immediately following such weekend or holiday for
purposes of calculating time periods commencing upon the date of
service.
11. Attorneys' Fees. Other than the payment to CRW under Section 3,
each Party shall bear its own past and future attorneys' fees and
costs relating to the subject matter of this Agreement.
12. Parties' Acknowledgment of Terms. This Agreement has been
carefully and fully read and reviewed by CRW, the City, and their
respective counsel, who hereby represent that the contents of this
Agreement are understood, and agree that this Agreement is
binding on each party or its respective predecessors, successors,
and assigns and as described above.
13. Interpretation and Applicable Law and Venue. This Agreement
shall be construed and interpreted in accordance with the laws of
the United States (as to federal Clean Water Act requirements)
and the State of California without regard to principles of conflicts
of law. In the event that a pre -dispute meet -and -confer followed by
a non-binding mediation are unsuccessful, then suit may be
brought in the Orange County Superior Court for civil unlimited
cases. This Agreement shall be interpreted and construed as a
whole, according to its fair meaning and not strictly for or against
any Party, and without regard to which Party drafted the
Agreement. All of the promises, representations, and warranties
contained in this Agreement survive the execution of this
Agreement.
14. No Assignments. Each Party to this Agreement represents and
warrants that it has not assigned, transferred, hypothecated, or
sold to any third person or entity, any of the rights or obligations
released by or entered into under this Agreement.
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15. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall evidence one and the same
agreement.
16. Headings. The headings used in this Agreement are for
convenience of reference and shall not be used to define any
provision.
17. Entire Agreement in Writing. This Agreement constitutes the
entire agreement between the Parties hereto with respect to the
subject matter set forth herein and supersedes all previous or
contemporaneous negotiations, commitments (oral or written),
and writings with respect to the subject matter set forth herein.
18. Modification or Amendment. This Agreement or any of its
provisions may be modified or amended only by written agreement
executed by all Parties to this Agreement.
19. Representations and Warranties. This Agreement is given
voluntarily, free of undue influence, coercion, duress, menace, or
fraud of any kind. No Party, nor any officer, agent, employee,
representative, or attorney of or for any Party, has made any
statement or representation to any other Party regarding any fact
relied upon in entering this Agreement, and no Party is relying
upon any statement, representation, or promise of any other
Party, nor of any officer, agent, employee, representative, or
attorney of or for any Party, in executing this Agreement or in
making the settlement provided herein, except as expressly stated
in this Agreement.
20. No Third Party Beneficiaries. This Agreement is not intended to
confer any rights or obligations on any third party or parties, and
no third party or parties shall have any right of action under this
Agreement for any cause whatsoever. Subject only to the express
restrictions contained in this Agreement, all of the rights, duties
and obligations contained in this Agreement shall inure to the
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benefit of and be binding upon the Parties, and their successors
and assigns.
21. Authority. Each of the persons signing this Agreement on behalf
of an entity represents and waftants that he or she has actual
authority and capacity to execute the Agreement on behalf of the
entity and to bind it to all of the terms of this Agreement.
IN WITNESS WHEREOF, the undersigned have caused this
Agreement to be executed by their duly authorized representatives.
CITY OF NEWPORT BEACH
Un
of the
Approved as to form by:
City
Attested to by:
Dated:
v Board President
Dated: /0/3//z DIS
17
EXHIBIT A
CITY OF NEWPORT BEACH
RECEIVED BY7V,—"j
JAN 2 5 2018
LAW OFFICE OF OFFICE OF THE
DAVID J. WEINSOFF CITY ATTORNEY
138 Ridgeway Avenue
Fairfax, California 94930
tel. 415.460.9760
david@weinsofflaw.com
Via Certified Mail —
Return Receipt Requested
January 22, 2018
Mike Lynch - Wastewater Supervisor
Municipal Operations Dept.
Wastewater Division
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
David Kiff - City Manager
Members of the City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Re: Notice of Violations and Intent to File Suit Under the Federal Water Pollution Control
Act (Clean Water Act)
Dear Mr. Lynch, Mr. Kiff, and Members of the City Council:
STATUTORY NOTICE
This Notice is provided on behalf of California River Watch ("River Watch") with regard
to violations of the Clean Water Act ("CWA" or "Act"), 33 U.S.C. § 1251 et seq., that River Watch
alleges are occurring through the ownership and operation of the City of Newport Beach's sewage
collection system.
River Watch hereby places the City of Newport Beach ("the City") on notice that following
the expiration of sixty (60) days from the date of this Notice, River Watch will be entitled under
CWA § 505(a), 33 U.S.C. § 1365(a), to bring suit in the U.S. District Court against the City for
continuing violations of an effluent standard or limitation pursuant to CWA § 301(a), 33 U.S.C. §
1311(a), and the Regional Water Quality Control Board, Santa Ana Region, Water Quality Control
Plan ("Basin Plan"), as the result of alleged unlawful discharges of sewage from the City's sewer
Notice of Violations Under CWA — Page - 1
pipelines to Upper Newport Bay', Lower Newport Bay 2, Buck Gully Creek', Semeniuk Slough,
and the Pacific Ocean - all waters of the United States.
The CWA regulates the discharge of pollutants into navigable waters. The statute is
structured in such a way that all discharges of pollutants are prohibited with the exception of
enumerated statutory provisions. One such exception authorizes a discharger, who has been issued
a permit pursuant to CWA § 402, 33 U.S.C. § 1342, to discharge designated pollutants at certain
levels subject to certain conditions. The effluent discharge standards or limitations specified in a
National Pollutant Discharge Elimination System ("NPDES") permit define the scope of the
authorized exception to the CWA § 301(a), 33 U.S.C. § 1311(a), prohibition, such that a violation
of a permit limit places a discharger in violation of the CWA. River Watch alleges the City violates
the CWA by discharging pollutants from a point source to a water of the United States without
complying with CWA §§ 301(a) and 505(a)(1)(A), 33 U.S.C. §§ 1311(a) 1365(a)(1)(A).
The CWA provides that authority to administer the NPDES permitting system in any given
state or region can be delegated by the Environmental Protection Agency ("EPA") to a state or to
a regional regulatory agency, provided that the applicable state or regional regulatory scheme
under which the local agency operates satisfies certain criteria (see 33 U.S.C. § 1342(b)). In
California, the EPA has granted authorization to a state regulatory apparatus comprised of the State
Water Resources Control Board ("SWRCB") and several subsidiary regional water quality control
boards to issue NPDES permits. The entity responsible for issuing NPDES permits and otherwise
regulating the City's operations of its sewage collection system in the region at issue in this Notice
is the Regional Water Quality Control Board, Santa Ana Region ("RWQCB").
While delegating authority to administer the NPDES permitting system, the CWA provides
that enforcement of the statute's permitting requirements relating to effluent standards or
limitations imposed by the Regional Boards can be ensured by private parties acting under the
citizen suit provision of the statute (see CWA § 505, 33 U.S.C. § 1365). River Watch is exercising
such citizen enforcement to enforce compliance by the City with the CWA.
NOTICE REQUIREMENTS
The CWA requires that any Notice regarding an alleged violation of an effluent standard
or limitation, or of an order with respect thereto, shall include sufficient information to permit the
recipient to identify the following:
1. The Specified Standard, Limitation, or Order Alleged to Have Been Violated
River Watch has identified discharges of sewage from the City's sewage collection system
to waters of the United States in violation of CWA § 301(a), 33 U.S.C. § 1311(a), which states in
part: "Except as in compliance with this section and sections 302, 306, 307, 318, 402, and 404 of
' Upper Newport Bay (Ecological Reserve) is impaired for chlordane, copper, DDT, indicator bacteria, metals,
nutrients, PCBs, pesticides, sediment toxicity, and sedimentation / siltation under CWA § 303(d).
Y Lower Newport Bay is impaired for chlordane, copper, DDT, indicator bacteria, nutrients, PCBs, pesticides, and
sediment toxicity under CWA § 303(d).
3 Buck Gully Creek is impaired for fecal coliform and total coliform under CWA § 303(d).
Notice of Violations Under CWA — Page - 2
this Act [33 U.S.C. §§ 1312,1316,1317,132891342,1344], the discharge of any pollutant by any
person shall be unlawful." These discharges are also in violation of RWQCB Order No. R8-2009-
0030 ("Waste Discharge Requirements for the County of Orange, Orange County Flood Control
District and The Incorporated Cities of Orange County within the Santa Ana Region Areawide
Urban Storm Water Runoff - Orange County").
2. The Activity Alleged to Constitute a Violation
River Watch contends that from January -- 2013, to January -- 2018, the City has violated
the Act as described in this Notice. River Watch contends these violations are continuing or have
a likelihood of occurring in the future.
A. Collection System Surface Discharges Caused By Sanitary Sewer Overflows
Sanitary Sewer Overflows ("SSOs"), in which untreated sewage is discharged above
ground from the sewage collection system prior to reaching Orange County Sanitation District
Reclamation Plant No. 1 or Treatment Plant No. 2, are alleged to have occurred both on the dates
identified in the California Integrated Water Quality System ("CIWQS") Interactive Public SSO
Reports and on dates when no reports were filed by the City, all in violation of the CWA. The
CIWQS "Spill Public Report — Summary Page" identifies 25 "Total Number of SSO locations,"
with 17,755 gallons total volume of SSOs. Of this total volume, the City admits at least 6,390
gallons, or 36% of the total, reached a surface water, impacting waterways and posing both a
nuisance pursuant to California Water Code § 13050(m) and an imminent and substantial
endangerment to health and the environment.
The below listed violations are reported by the RWQCB, and evidenced by the CIWQS
SSO Reporting Program Database Records.
14 - SSOs reported as reaching a water of the United States, as evidenced in CIWQS and
in the City's records. As listed in CIWQS the event IDs of these violations are: 790843,
7933989 7962109 7989721, 800928, 809695, 8108571, 8130239 8146099 819486, 820380,
8219572 827461, and 843501.
All of these discharges are violations of CWA § 301(a), 33 U.S.C. § 1311(a), in that they
are discharges of a pollutant (sewage) from a point source (sewage collection system) to a water
of the United States without complying with any other sections of the Act. River Watch contends
these violations are continuing in nature or have a likelihood of occurring in the future.
Releases Reported. The City's aging sewage collection system has historically
experienced high Inflow and Infiltration (1/1") during wet weather. Structural defects which allow
UI into the sewer lines result in a buildup of pressure which causes SSOs. Overflows caused by
blockages and UI result in the discharge of raw sewage into gutters, canals and storm drains which
are connected to adjacent surface waters including Upper Newport Bay, Lower Newport Bay,
Buck Gully Creek, Semeniuk Slough, and the Pacific Ocean.
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As stated above and as recorded in CIWQS Public SSO Reports, the City's sewage
collection system experienced at least 25 SSOs between January 28, 2013 and December 31, 2017,
with a combined volume of at least 17,755 gallons — 6,390 gallons of which were reported as
having reached surface waters. For example, on April 13, 2015 (Event ID# 814609), a sewage
spill occurred at 747 Dover Drive caused by a root intrusion. The spill volume was estimated at
2,750 gallons, of which 2,000 gallons were recovered, and 750 gallons reached Newport Bay. On
December 24, 2015 (Event ID# 820380), a spill of 2,000 gallons, also caused by root intrusion,
occurred at Newport Center Drive and Civic Center Drive. Only 200 gallons were recovered. The
remaining 1,800 gallons of wastewater entered a storm drain leading to Newport Bay. On February
9, 2016 (Event ID# 821957), a sewage spill caused by a structural failure in a force main occurred
at 331 62"1 Street. The estimated spill volume was 500 gallons, of which 200 were reported as
recovered, and an estimated 300 gallons impacted Semeniuk Slough, a saltwater marsh.
Discharges to Surface Waters. River Watch's expert believes that many of the SSOs
reported by the City as small volume were larger than reported, that those reported as having been
contained without reaching a surface water did in fact discharge to surface waters, and that those
reported as partially reaching a surface water did so in greater volume than stated. The claim of
full containment is further called into question by the fact that nearly all of the SSO Reports filed
by the City identify the estimated spill start time as the exact same time the reporting party first
noticed the SSO. Studies have shown that most SSOs are noticed significantly after they have
begun.
Since the volume of SSOs of any significance is estimated by multiplying the estimated
flow rate by the duration, the practice of estimating a later than actual start time leads to an
underestimation of both the duration and the volume. All but one of the City's reported SSOs are
estimated to have begun at the same moment they were discovered, the only exception being a
spill on March 15, 2017, occurring in a public restroom facility at 2401 Vista del Oro (Event ID#
833726). The estimated spill start time was reported as 11:45, the agency notification time and
estimated operator arrival time are both reported as 12:00, with the spill end time as 02:00. The
spill, caused by debris in a manhole, was estimated by the City at 675 gallons. The City's report
claims that none of the wastewater was recovered, nothing reached a storm drain, and the spill's
destination was "Unpaved surface". The location of this spill is approximately 2,000 feet to the
east of Upper Newport Bay State Marine Conservation Area. While some areas where spills have
occurred were dry at the time, the discharged pollutants remain on the surface of the land and enter
receiving waters following rainfall or flooding.
In addition to identical spill start and operator notification times for all but Event ID#
833276, the majority of the City's SSO reports state the operator arrival time as being within 20
minutes or less of being notified of the spill. River Watch believes that many of these spills were
far more significant than the City's reports disclose due to the highly unlikely time and volume
estimations which do not account for the volume spilled before the City was notified.
An example River Watch finds very concerning is a spill taking place on February 9, 2015
at 207 Evening Canyon Road caused by a siphon failure which led to overflows in 2 manholes
(Event ID# 813063). The City's SSO report states both the estimated start time of the spill and
the agency notification time as 11:35, the operator arrival time as 12:00, and the end of the spill
Notice of Violations Under CWA — Page - 4
just five minutes later, at 12:05. The spill volume was estimated at 1,500 gallons. None were
reported as recovered. This SSO occurred several hundred feet from the Pacific shore of Little
Corona Beach, yet the City's spill report claims that none of the wastewater reached a surface
water. According to the spill report, "There is a large landscaped lawn area below the residence
that appeared to capture the overflow." However, the Orange County Health Care Agency closed
Little Corona Beach from February 9, 2015 to February 14, 2015 because of a —1,500 gallon
sewage spill attributed to the City of Newport Beach, noting, "1,500 gallons spilled, 0 gallons
recovered, 1,500 gallons released". Monitoring data from February 10, 2015 shows an increase
in total coliform, fecal coliform, and enterococcus at the sample points Little Corona Downcoast
and Little Corona Upcoast.
River Watch contends that the City's estimates of spill durations, total spill volumes,
gallons cleaned up, and gallons reaching surface waters are inaccurate. River Watch believes the
City is failing to fulfill its legal obligation to report every spill to the CIWQS SSO public reporting
system. River Watch contends the City is grossly underestimating the incidences and volume of
SSOs which reach surface waters.
Mitigaft Impacts. River Watch contends the City fails to adequately mitigate the impacts
of SSOs. The City is a permittee under the Statewide General Requirements for Sanitary Sewer
Systems, Waste Discharge Requirements Order No. 2006-0003-DWQ ("Statewide WDR")
governing the operation of sanitary sewer systems. The Statewide WDR mandates that the
permittee shall take all feasible steps to contain and mitigate the impacts of a SSO. The EPA's
"Report to Congress on the Impacts of SSOs" identifies SSOs as a major source of microbial
pathogens and oxygen depleting substances.
Numerous critical habitat areas exist within areas of the City's SSOs. Newport Bay
supports a vast array of life including endangered and threatened species. The shores of Balboa
Peninsula are critical habitat for the threatened western snowy plover. There is no record of the
City performing any analysis of the impact of SSOs on critical habitat of protected species under
the ESA, nor any evaluation of the measures needed to restore water bodies designated as critical
habitat from the impacts of SSOs.
The Statewide WDR requires the City to take all feasible steps and perform necessary
remedial actions following the occurrence of a SSO including limiting the volume of waste
discharged, terminating the discharge, and recovering as much of the wastewater as possible.
Further remedial actions include intercepting and re-routing of wastewater flows, vacuum truck
recovery of the spill, cleanup of debris at the site, and modification of the sewage collection system
to prevent further SSOs at the site. One of the most important remedial measures is the
performance of adequate sampling to determine the nature and impact of the release. As the City
is severely underestimating, and sometimes failing to report, SSOs which reach surface waters,
River Watch contends that the City is not sampling enough of its SSOs.
Compliance with the Municipal Separate Storm Sewer System (MS4) Stormwater Permit.
River Watch contends the City fails to adequately comply with the discharge prohibitions of its
MS4 Permit (Order No. R8-2009-0030, NPDES Permit No. CAS618030), which states in relevant
part:
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"In accordance with the requirements of 40 CFR 122.26(d)(2)(i)(B) and 40 CFR
122.26(d)(2)(i)(F), the permittees shall prohibit illicit/illegal discharges (non -storm water)
from entering into the municipal separate storm sewer systems unless such discharges are
either authorized by a NPDES permit, or not prohibited in accordance with Section III.3,
below." (Discharge Limitation / Prohibition 111. 1); "The discharge of storm water from the
MS4s to waters of the US containing pollutants that have not been reduced to the maximum
extent practicable is prohibited." (Discharge Limitation/Prohibition III.2); "The permittees
shall effectively prohibit the discharge of non -storm water into the MS4s, unless such
discharges are authorized by a separate NPDES permit or as otherwise specified in this
provision." (Discharge Limitation/Prohibition III.3); and, "Discharges from the MS4s of
storm water or non -storm water, as defined in Section III.3, shall not cause or contribute to
a condition of pollution, contamination, or nuisance, as those terms are defined in Section
13050 of the Water Code." (Discharge Limitation/Prohibition III.7).
The City's MS4 is a system of conveyances intended to carry stormwater. It is connected
to storm drain pipes which discharge into neighboring surface waters. However, SSOs bring
sewage into the MS4 and in turn into waterways connected to, and downstream of, the MS4.
In practice, the addition of any SSO that results in a discharge of untreated or partially
treated wastewater to waters of the United States is prohibited, and any SSO that results in a
discharge of untreated or partially treated wastewater that creates a nuisance as defined in
California Water Code § 13050(m) is prohibited (including SSOs whether or not they reach a
surface water.) California Water Code § 13050(m) defines nuisance to mean "anything which
meets all of the following requirements: (1) Is injurious to health, or is indecent or offensive to the
senses, or an obstruction to the free use of property, so as to interfere with the comfortable
enjoyment of life or property. (2) Affects at the same time an entire community or neighborhood,
or any considerable number of persons, although the extent of the annoyance or damage inflicted
upon individuals may be unequal. (3) Occurs during, or as a result of, the treatment or disposal of
wastes.
B. Collection System Subsurface Discharges Caused by Underground Exfiltration
It is a well-established fact that exfiltration caused by pipeline cracks and other structural
defects in a sewage collection system results in discharges to adjacent surface waters via
underground hydrological connections.
River Watch contends that untreated sewage is discharged from cracks, displaced joints,
eroded segments, etc., in the City's sewage collection system into groundwater hydrologically
connected to surface waters including, but not limited to, Upper Newport Bay, Lower Newport
Bay, Buck Gully Creek, Semeniuk Slough, and the Pacific Ocean. Surface waters become
contaminated with pollutants including human pathogens. Chronic failures in the sewage
collection system pose a substantial threat to public health. Studies tracing human markers specific
to the human digestive system in surface waters adjacent to defective sewer lines in other systems
have verified the contamination of the adjacent waters with untreated sewage.
Notice of Violations Under CWA — Page - 6
Evidence of exfiltration can also be supported by reviewing mass balance data, I/I data,
and video inspection, as well as tests of waterways adjacent to sewer lines for nutrients, human
pathogens and other human markers such as caffeine. Any exfiltration found is a violation of the
MS4 NPDES permit and therefore a violation of the CWA. During the course of discovery, River
Watch will test surface waters adjacent to sections of the City's sewage collection system to
determine the location and extent of exfiltration.
C. Impacts to Beneficial Uses
Upper Newport Bay, Lower Newport Bay, and the Pacific Ocean Nearshore Zone have
many beneficial uses as defined in the RWQCB's Basin Plan. SSOs reaching these waters or their
tributaries cause prohibited pollution by unreasonably affecting these beneficial uses.
Upper Newport Bay supports an incredible diversity of life. It is the largest functioning
full tidal wetland, and one of the few remaining natural estuaries in Southern California. Fresh and
salt water combine to form diverse habitats including intertidal mudflats, high salt marsh, salt
panne, riparian, freshwater marsh, and upland. In recognition of the value of this rich and sensitive
ecosystem, Upper Newport Bay is designated an Ecological Reserve and a State Marine
Conservation Area. It serves as a spawning and nursery ground for many coastal fish species, an
essential stopover for migrating birds along the Pacific Flyway, and home to nearly 200 species of
birds. Among the many species which rely on Upper Newport Bay are the state and federally
endangered Light-footed clapper rail, California least tern, Belding's savannah sparrow (listed as
endangered by the State of California), and California black rail (state listed as threatened). The
Salt marsh bird's -beak, a federally and state listed endangered plant, is also found in the marshes
of Upper Newport Bay. The Basin Plan states beneficial uses of Upper Newport Bay as water
contact and non -contact recreation, commercial and sportfishing, preservation of biological
habitats of special significance, wildlife habitat, rare, threatened, or endangered species, spawning,
reproduction, and development, marine habitat, shellfish harvesting, and estuarine habitat.
Lower Newport Bay is a deep basin coastal lagoon beginning where the Bay waters reach
south of the Pacific Coast Highway Bridge. Lower Newport Bay is more developed than Upper
Bay. Boating, fishing, and swimming are among its uses. According to the Basin Plan, the
beneficial uses of Lower Newport Bay are navigation, water contact and non -contact recreation,
commercial and sportfishing, wildlife habitat, rare, threatened, or endangered species, spawning,
reproduction, and development, marine habitat, and shellfish harvesting.
The Pacific Ocean in the areas affected by the City's SSOs include highly popular
destinations for swimming and surfing, and critical habitat for the federally threatened Western
Snowy Plover. The ocean waters and tidepools off the coast of Newport Beach include the Robert
E. Badham Area of Special Biological Significance, the Irvine Coast Area of Special Biological
Significance, and portions of the Crystal Cove State Marine Conservation Area. These waters and
tidepools support a great many species of marine life. According to the Basin Plan, the beneficial
uses of the Pacific Ocean Nearshore Zone relevant to the City include industrial service supply,
navigation, water contact and non- contact recreation, commercial and sportfishing, preservation
of biological habitats of special significance, wildlife habitat, rare, threatened, or endangered
species, spawning, reproduction, and development, marine habitat, and shellfish harvesting.
Notice of Violations Under CWA — Page - 7
The introduction of human waste, via spills, exfiltration, storm drains, and SSOs,
negatively effects countless species including the millions of people who swim in waters
downstream of the City's sewage collection system. Heal The Bay's Beach Report Cards for
2015-2016 and 2016-2017 gave a wet weather year round grade of "F" to most sites in Newport
Bay. Abalone Avenue Beach on Balboa Island received an "F" for the summer dry months of
April — October 2017.
River Watch is extremely concerned regarding the effects of surface, underground, and
unreported SSOs on critical habitat in and around the diverse and sensitive ecosystems of Newport
Bay and the Orange County Coast, including risks to the health of those who recreate in, and
consume fish from, those ecosystems.
3. The Person or Persons Responsible for the Alleged Violation
The entity responsible for the alleged violations identified in this Notice is the City of
Newport Beach as well as those of its employees responsible for compliance with the CWA and
any applicable state and federal regulations and permits.
4. The Location of the Alleged Violation
The location or locations of the various violations alleged in this Notice are identified in
records created and/or maintained by or for the City which relate to its sewage collection system
as further described in this Notice.
The City is located in the coastal center of Orange County, bordered to the north by the
cities of Costa Mesa and Huntington Beach, to the east by the City of Irvine, the City of Laguna
Beach to the south, and the Pacific Ocean to the west. The City's boundaries include the Upper
Newport Bay Nature Preserve and Ecological Reserve, Upper Newport Bay State Marine
Conservation Area, and the densely populated Balboa Island. The City encompasses
approximately 53 square miles — 23.8 square miles of land and 29.2 square miles of water. The
City's permanent population is approximately 87,127, which grows considerably in the summer
months with up to 100,000 tourists daily.
Sanitary Sewer System Description
The Wastewater Division of the City's Municipal Operations Department is responsible
for the operation and maintenance of the majority of residential and commercial sewage and
wastewater collection services in the City. The City's sewage collection system consists of
approximately 197 miles of gravity sewer, 4,922 manholes and cleanouts, 25,525 lateral
connections, 21 pump stations, and 4.8 miles of force mains. Approximately 79% of the City's
sewage collection system was constructed prior to 1980, with 23% built prior to 1960. The system
is susceptible to structural failure due to internal corrosion and embrittlement as well as blockages
from root intrusion at the joints.
Orange County Sanitation District ("OCSD") owns, operates, and maintains over 650 miles
of trunk and sub -trunk sewers, 16 pump stations, two regional wastewater treatment plants
Notice of Violations Under CWA — Page - 8
(Reclamation Plant No. 1 and Treatment Plant No. 2), and an ocean disposal system, serving
approximately 2.5 million people in central and northwest Orange County. The City's service area
is within OCSD Districts 5, 6, and 7. Wastewater from Districts 5 and 6 is conveyed to OCSD's
Treatment Plant No. 2 in Huntington Beach, and wastewater from District 7 is pumped to
Reclamation Plant No. 1 in Fountain Valley.
5. The Date or Dates of Violations or a Reasonable Range of Dates During Which the
Alleged Activity Occurred
The range of dates covered by this Notice is January 22, 2013 through January 22, 2018.
This Notice also includes all violations of the CWA by the City which occur during and after this
Notice period, up to and including the time of trial.
6. The Full Name, Address, and Telephone Number of the Person Giving Notice
The entity giving notice is California River Watch, referred to throughout this notice as
"River Watch," an Internal Revenue Code § 501(c)(3) nonprofit, public benefit corporation duly
organized under the laws of the State of California. Its headquarters and main office are located
in Sebastopol. Its mailing address is 290 South Main Street, #817, Sebastopol, CA 95472. River
Watch is dedicated to protecting, enhancing, and helping to restore the surface waters and
groundwaters of California including coastal waters, rivers, creeks, streams, wetlands, vernal
pools, aquifers and associated environs, biota, flora and fauna, and educating the public concerning
environmental issues associated with these environs.
River Watch may be contacted via email: US ,ncriverwatch.org, or through its attorneys.
River Watch has retained legal counsel with respect to the issues raised in this Notice. All
communications should be directed as follows:
Jack Silver, Esq.
Law Office of Jack Silver
708 Gravenstein Highway N., #407
Sebastopol, CA 95472-2808
Tel. 707-528-8175
Email: JsilverEnvironmental@ad,,gmail.com
David J. Weinsoff, Esq.
Law Office of David J. Weinsoff
138 Ridgeway Avenue
Fairfax, CA 94930
Tel. 415-460-9760
Email: david@weinsofflaw.com
RECOMMENDED REMEDIAL MEASURES
River Watch looks forward to meeting with the City's staff to tailor remedial measures to
the specific operation of the sewage collection system. In advance of that conversation, River
Watch identifies the following issues for discussion that will advance compliance with the CWA
and the Basin Plan, and help economize the time and effort the parties need to resolve their
concerns:
1. Determining the specific sewage collection system repairs required and establishing
deadlines for compliance;
Notice of Violations Under CWA — Page - 9
2. Requiring implementation of an effective SSO reporting and response program;
3. Providing a lateral inspection and repair program;
4. Ensuring applications of chemical root control comply with federal EPA or RWQCB as
well as manufacturer and Cal -OSHA requirements; .
5. Keeping the Sewer System Management Plan ("SSMP") up to date and property certified;
6. Promoting staff training and education.
CONCLUSION
The violations set forth in this Notice effect the health and enjoyment of members of River
Watch who reside and recreate - in the affected community. Members of River Veatch use the
affected watershed for recreation, swimming, fishing, horseback riding, hiking, photography,
nature walks and the like. Their health, use and enjoyment of this natural resource is specifically
impaired by the City's alleged violations of the CWA as set forth in this Notice.
CWA §§ 505(a)(1) and 5050 provide for citizen enforcement actions against any
"person," including a governmental instrumentality or agency, for violations of NPDES permit
requirements and 'for un -permitted discharges of pollutants. 33 U.S.C. §§ 1365(a)(1) and (0, §
1362(5). An action for injunctive relief under the CWA is authorized by 33 U.S.C. §
1365(a). Violators of the Act are also subject to an assessment of civil penalties of up to
$53,484.60 per day/per violation for violations pursuant to Sections 309(d) and,505 of the Act, 33
U.S.C. §§ 1319(d), 1365. See also 40 C.F.R. §§ 19.1 — 19.4. River Watch believes this Notice
sufficiently states grounds for filing suit in federal court under the "citizen suit" provisions of
CWA to obtain the relief provided for under the law.
The CWA specifically provides -a 60 -day "notice period" to promote resolution of
disputes. River Watch strongly encourages the City to contact counsel for River Watch within
twenty (20) days of receipt of this Notice to initiate a discussion regarding the allegations detailed
herein. In the absence of productive discussions to resolve this dispute, River Watch will have
cause to file a citizen's suit under CWA § 505(a) when the 60 -day notice period ends.
V truly yours,
r
6 14'0 A (do ty �n
David J. Weinsoff 9f
DW:Ihm
Notice of Violations Under CWA — Page -10
Service List
Scott Pruitt. Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N. W.
Washington, D.C. 20460
Alexis Strauss, Acting Regional Administrator
U.S. Environmental Protection Agency
Pacific Southwest, Region 9
75 Hawthorne Street
San Francisco, CA 94105
Eileen Sobeck, Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100
Aaron C. Harp, Esq.
City Attorney
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Notice of Violations Under CWA — Page - 11