The Urban Runoff Battle Ready, Fire, Aim!

Orange County Health Care Agency (HCA) 2. Orange County Sanitation District (OCSD) 3. Aliso Water Management Agency (AWMA) 4. South East Regional Reclamation Authority (SERRA) 4 For years, the OCSD, AWMA and SERRA have been collecting and testing water samples at beach areas adjacent to their treated wastewater outfall pipes. They now also forward test results to the Health Care Agency which adds test results from its sampling locations and logs the combined results for the County. The Health Care Agency and sanitation district laboratories do not directly test swimming waters for several medically important viruses. The laboratories do, however, test for water borne pathogens. These tests are easier to perform and less expensive than tests for viruses. Certain bacteria are considered good indicators of the potential presence of viruses that can cause human illness. Once the water is sampled, results are reviewed by the Health Care Agency’s Ocean Recreational Water Protection staff to ensure that all public recreational ocean water meets bacteriological water quality standards for swimming. HCA program specialists protect public health and safety along the entire Orange County coastline, including the harbors and bays by performing the following activities: § Respond on a 24-hour basis to investigate reports of sewage or toxic contamination incidents affecting use of ocean or bay waters § Initiate ocean and bay closure procedures following sewage or toxic releases. Sample and monitor affected areas until water conditions return to safe levels § Initiate enforcement or quarantine actions when water samples fail to meet established standards § Participate in special studies with other public agencies to identify and eliminate sources of water pollution § Investigate reports of illness and complaints received from the public regarding ocean and bay water, public beaches, and other public recreational waters § Maintain a 24-hour Ocean/Bay Posting and Closure Hotline and Web Page with the latest closure, posting or advisory status for all of Orange County § Prepare Beach Advisory press releases following significant rainfall events advising the public to avoid storm drain outlet areas for 72 hours The affected beach Marine Safety or Lifeguard Department posts and removes the signs upon notification from HCA by telephone, E-mail and Fax. The lifeguards also enforce the warnings using public address announcements and beach patrols. Enforcement appears to be consistent at all beaches and lifeguards report that the public is generally aware and cooperative. Lifeguards also note that some bathers ignore or do not appear to see the posted signs and this was also witnessed by Grand Jury members during site tours. It would be more effective if all signs were posted in English and other languages. Closure and Advisory Warning Signs Posted by Health Care Agency Ocean or bay water advisories are issued to alert the public of possible elevated bacteria levels associated with urban runoff and storm runoff at storm drains, creeks and rivers that can impact ocean and bay waters Ocean and bay waters are posted when bacterial levels in water exceed health standards Ocean and bay waters are closed when an immediate health hazard is identified such as a sewage spill. (Sign is also posted in Spanish) Long term postings occur at locations where bacteria levels consistently exceed health standards, usually from the impact of urban runoff Source: Orange County Health Care Agency Water samples are collected at least once per week but since tests take 24 hours, warning signs are usually posted the following day. By the time the warning signs are posted, the water is often already clear of bacteria. This is because most samples are taken in the morning and sunlight ultraviolet destroys bacteria during the day. Ocean tides and currents may also move or dilute the contamination by that time. More rapid test technology and techniques must be 6 developed to ensure the public is advised while an area is contaminated and not after the fact. The HCA has maintained a log of all health advisory warnings since July 1999. The table below summarizes all beach advisory warnings for the past year. All beaches in the County had postings except Sunset Beach. The three most chronic areas for number of postings are Newport Bay, Huntington State Beach and Laguna Beach. In terms of total days posted, the South County beaches appear to have the most advisories that last more than a couple of days. Newport Bay had three locations posted for the entire year and Dana Point had two. The Grand Jury also examined the posting logs for 1999. For a comparable period (July through December) the total number of postings is nearly identical in 1999 and 2000. Virtually no improvement has occurred. Orange County Beach Health Advisory Warnings Posted for 2000 Posting Location Number of Postings Total Days Posted Seal Beach/Surfside 8 109 Sunset Beach 0 0 Huntington Harbour 27 196 Bolsa Chica State Beach 5 11 Huntington City Beach 7 13 Huntington State Beach 38 259 Newport Beach 17 42 Newport Bay* 73 1,476* Crystal Cove State Park 9 23 Laguna Beach 32 77 Aliso Beach 13 23 Monarch Beach 5 49 Salt Creek Beach 3 4 Dana Point Harbor** 12 739** Doheny State Beach Park 9 315 Capistrano County Beach 6 248 Capistrano Bay District 7 107 Poche Beach 5 163 San Clemente City Beach 8 20 San Clemente State Beach 1 3 County Total 285 3,877 *Includes 3 long term postings totaling 1095 days **Includes 2 long term postings totaling 569 days Source: Data Obtained from Orange County Health Care Agency 7 Watershed Management Practices The federal Clean Water Act and the Environmental Protection Agency require all county and city entities have a National Pollutant Discharge Elimination System (NPDES) Permit. These are five-year permits issued by the Santa Ana Regional Water Quality Control Board for North County areas and the San Diego Regional Water Quality Control Board for South County areas. The permits are issued to the County with the cities as co-permittees. All municipalities are thus required to control pollutants entering the storm drain system and to have the legal authority to prohibit illicit discharges. Many cities use their NPDES permit application as an opportunity to adopt a Water Quality Master Plan. Various urban runoff management practices are being applied throughout the County: § Many watersheds have some natural biofiltration through wetlands and catch basins § All cities are required to stencil storm drains that empty into the ocean § Some cities and CALTRANS have installed storm drain filters § Street sweeping has been increased, particularly in commercial areas § Sanitation agencies are accepting some runoff diversion during dry weather § Municipalities have implemented administrative citation programs However, urban runoff needs be addressed as a watershed or regional issue rather than a local municipality issue. A good example is the Aliso Creek Watershed. The Aliso Creek Watershed is 35 square miles of hilly terrain descending 2,400 feet from the crest in Cleveland National Forest 20 miles to the beach. The creek has no natural water sources. During dry weather the entire flow is from urban runoff accumulating to about 4 million gallons per day (MGD) until it empties into the ocean at Aliso Beach. When it rains, the creek is a major storm channel sending as much as 100 MGD through its steep terrain. Erosion concerns and environmental restoration interest first led the U.S. Army Corps of Engineers to conduct a Reconnaissance Study in 1996. The Corps’ resulting multi-phase project plan formulated the basis to create what is now a comprehensive Aliso Creek Watershed Management Team with local entity participation. The Aliso Creek Watershed is a classic case for urban runoff management practices. A local Water Quality Study completed in 1998 showed an unacceptable level of contamination throughout the watershed and resulted in a Cleanup and Abatement Order from the San Diego Regional Water Quality Control Board. There are three “hot spots” that consistently fail to meet standards. § The J03P02 storm drain is the most nagging. Located at the base of a Laguna Niguel residential area, two years of studies have not determined the 8 source of alarmingly high levels of fecal coliform. Diverting its flow through the Moulton Niguel Water District collection system for treatment at the AWMA regional plant has temporarily prevented the contaminated water from entering Aliso Creek. The City of Laguna Niguel has recently constructed a biofiltration wetland along Alicia Parkway and plans to filter the entire residential drainage area with additional wetlands in the next year. § Munger storm drain in the upper watershed has a similar but not as severe contamination problem. By the summer of 2002, the County plans to install a rock filtration box at the drain outlet to mitigate this problem. § Dairy Fork storm drain in Aliso Viejo is the third hot spot. Its outlet is within a park area but is currently fenced off from the public. A major wetlands construction project is scheduled to filter the stormwater in a natural setting. To keep Aliso Beach open, the County built a sand berm at the mouth of Aliso Creek and diverted the water, untreated, through the Aliso Water Management Agency outfall pipe, which terminates two miles offshore. The berm is only in operation from May to October and requires Coastal Commission approval. The Aliso Creek Watershed Management Team in conjuction with the U.S. Army Corps of Engineers has initiated a multi-phase program plan to address these and other issues at a cost more than $16 million over the next eight years. Aliso Creek Watershed Management Team Programs Date Program Participant(s) 1996-1997 Reconnaissance Study U.S. Army Corp of Engineers 1997-1998 Water Quality Study PFRD, et al 1998-1999 Feasibility Study PFRD & 12 Local Agencies/Cities Dec. 1999 Cleanup & Abatement Order San Diego Regional Water Quality Control Board July 2000 J03P02 Diversion Moulton Niguel Water District, AWMA & City of Laguna Niguel July 2000 Clear Creek Pilot Test South Coast Water District & Moulton Niguel Water District Summer Aliso Creek Diversion Berm PFRD, City of Laguna Beach & 2000 AWMA 2000-2001 Short Term Strategies Aliso Creek Watershed Diversion & Mobile Filtration Management Team 2002-2004 Medium Term Strategies ($3.3M) Aliso Creek Watershed Landscape Controls Management Team Rubber Dam Biofiltration Basins Bacteria Transport Model 2003-2008 Long Range Strategies ($13M) Aliso Creek Watershed Stream Stabilization Management Team Wetlands Restoration Wetlands Construction Lake Management Source: Data Obtained from Orange County Public Facilities & Resources Department 9 There are currently two other watersheds with management teams in place: San Diego Creek/Newport Bay and San Juan Creek. Watershed teams like these are a true partnership whereby beach and inland cities and water agencies commit to programs and projects to benefit the entire watershed. The commitment includes financial contributions and services under a predetermined formula that accounts for population and land area of each entity. Several jurisdictions have implemented dry weather urban runoff diversion programs. The 1999 Huntington Beach closure investigation suggested that runoff to the Pacific Ocean from the Talbert Channel may have contributed to the shoreline contamination. This single event triggered the Orange County Sanitation District to institutionally move in a new direction. Historically, OCSD prevented runoff and storm water from entering the sewer system to avoid overflow and exceeding its wastewater treatment capacity. A closer look at the situation by OCSD allowed it to adopt a new policy whereby it will now accept up to 10 MGD of dry weather urban runoff year-round with no charge for the first 4 MGD. The benefit is that runoff is treated as wastewater and discharged through the District’s outfall pipe four miles offshore, away from local beaches. Cities can set up diversion by pumping from a stormwater well into a diversion pipe, which taps into the sewer line. The pump is then shut off during storms. Huntington Beach has nine such diversions totaling close to 1 MGD. Seven more are proposed in Newport Beach, Huntington Beach and the Santa Ana River for Summer 2001 to bring total diversion to OCSD to 2.3 MGD. In South County there are low-flow diversion projects that total about 0.5 MGD. The City of Dana Point now diverts runoff from Pacific Coast Highway to the SERRA treatment plant. Several diversions are installed in Laguna Beach and Emerald Bay. Photos Courtesy of Orange County Sanitation District Another treatment option is on-site mobile filtration. In July 2000, the South Coast Water District and the Moulton Niguel Water District tested this technique at Aliso Creek. Pilot tests showed that a multi-stage combination of filtration, reverse osmosis and ultraviolet light is an effective method of treating urban runoff for the removal of total coliform and fecal coliform. These are generally low-flow units (<1MGD) but offer the opportunity to clean creek water at several locations and bring it to recreational standards throughout the watershed. In March 2001, the 10 City of Laguna Niguel began a six-month demonstration project of a mobile filtration system to treat the J03P02 contaminated water. It appears that mobile filtration could effectively supplement natural wetland filtration. The Grand Jury’s assessment of these watershed management practices reveals several issues. There is no centralized data base for the effectiveness of the various urban runoff treatment options that watershed management teams can use to efficiently apply public funds. The science is still in its infancy and projects are highly customized and fragmented. There is a tendency to do anything and everything and hope the right choices are made. There is also some question of how best to measure progress. The number of health advisory warnings is currently the only real measure. Much money can be spent on projects over the next few years before determining any real progress. Toward this end the State Regional Water Quality Control Boards have started to impose Total Maximum Daily Load (TMDL) standards for waterways. These come in several categories like sediment, nutrients, chemicals and even trash, as well as bacteria. This process will require more water sampling, testing, recording and analysis but it will provide an intermediate measure of progress specific to each waterway. Orange County does not have an overall strategic plan to manage urban runoff. Such a plan should establish watershed priorities, set time-phased goals, match funds with measurable progress and provide better aim to the current shotgun approach. A Water Quality Strategic Plan should get immediate attention from the County’s Watershed & Environmental Programs Office and PFRD. Public Awareness and Education There has been considerable public outreach from a variety of sources on the subject of beach water quality and closures. Several non-profit organizations actively inform the public about practices that contribute to the problem of beach water closures. The Orange County Health Care Agency’s web site lists current beach water closures, and the Orange County Register publishes this information daily in its newspaper. The Orange County Sanitation District distributes brochures and pamphlets during plant tours, the Orange County Fair, beach cleanup gatherings and other public functions. As part of the NPDES 2000 permit renewal application, the County and all co- permittees have committed to participate in joint outreach efforts to ensure a consistent message to the general public about water quality. Plans include a Public Education Committee, public surveys, residential mailings and displays at community events. These efforts will educate the public on the fact that the County stormwater drainage system is separate from the sewer system and that anything put into a storm drain will end up in the ocean. A Countywide program, 11 The Ocean Begins at Your Front Door, has been promoted in recent years and will now be greatly expanded. Non-profit organizations such as the Surfrider Foundation and Orange County Coastkeeper have successful outreach programs not only for the general public but also to assist school districts with programs to educate children regarding the importance of clean beaches and clean water. Although there are state standards for science that must be met, there is no mandate to specifically teach water ecology. Each local school district has discretion to select subject matter. Many beach area school districts have existing programs but there is a need to expand water quality school education to the inland areas. Ecology clubs, scouting programs, and beach and waterway volunteer clean-up events are promoted through local government, schools, private organizations and non-profit groups. However, there is no central location to promote and coordinate activities for volunteers, sponsors or community groups. The Grand Jury attended the open house for the recent relocation of the Orange County High School of the Arts. The school administration expressed a desire to support public education by having their students participate in the production of public service announcements, videos and other artistic endeavors. Internet web sites are very effective for communicating information to the public. The Grand Jury observed that the County web site has not been updated to reflect the recent organizational revisions in PFRD nor the addition of the Watershed & Environmental Programs Office. There is a link on the County web site for volunteer opportunities but it is limited and not current. METHOD OF STUDY The Grand Jury interviewed the Orange County CEO’s Watershed & Environmental Programs Office, the Public Facilities & Resources Department and its Watershed and Coastal Resources Division. To gather information on the processes and procedures for water testing, the Grand Jury visited and interviewed all pertinent Orange County Health Care Agency divisions including Regulatory Health Services, Environmental Health Services, Public Health Services, Epidemiology and Disease Control and the Public Health Laboratory. The Grand Jury visited major sanitation and water agencies in the County, including the Orange County Sanitation District, the Orange County Water District, the Irvine Ranch Water District, the Aliso Water Management Agency and the South East Regional Reclamation Authority. Ground and aerial tours of the Aliso Creek and the Lower Santa River watersheds were conducted. The Grand Jury visited the San Joaquin Freshwater Marsh, inspected long-term warning locations in Newport Bay and Dana Point and interviewed lifeguards from Seal Beach, Huntington Beach, San Clemente and Laguna Beach. A number of environmental groups including the Surfrider Foundation, Orange County Coastkeeper, Orange County Clean Water Now and the Seal Beach Chamber of Commerce made presentations to the Grand Jury. Committee members also regularly attended the monthly meetings of the Orange County Coastal Coalition, attended a water quality conference at California State University, Fullerton and interviewed researchers from University of California, Irvine. The Grand Jury also interviewed representatives from the San Diego Regional Water Quality Control Board. FINDINGS Under California Penal Code § 933 and § 933.05, responses are required to all findings. The 2000–2001 Orange County Grand Jury arrived at the following 14 findings: 1. The Santa Monica Bay epidemiology study that formed the basis of Health Care Agency testing standards for advisory warnings has not been replicated in Orange County coastal areas.

The scientific community conducts much worthwhile research on health and environmental impacts of urban runoff but there is no centralized County data base for sharing results.

Current Health Care Agency water test techniques take 24 hours before advisory warnings can be posted or removed.

Current state standards used by the Health Care Agency are based on indicator bacteria as opposed to actual presence of other pathogens.

Beachgoers often ignore or are oblivious to the Health Care Agency warning and closure signs as currently posted.

Watershed management teams have been formed for the Aliso Creek, San Diego Creek/Newport Bay and San Juan Creek Watersheds.

There is no County centralized data base of urban runoff treatment options and their effectiveness that could be used by local Orange County agencies.

There is no Strategic Plan for Orange County urban runoff management.

Local volunteer efforts are growing, contributing several thousand hours of manpower each year to County efforts toward cleaner watersheds, beaches and ocean water. 13 10. The Orange County web site does not reflect current PFRD organizational structure.

The Health Care Agency issues a daily press release regarding beach closures and advisory warnings.

Dry weather runoff diversion for treatment is limited to ten million gallons per day (MGD) at the Orange County Sanitation District and about 1MGD at AWMA and SERRA, less than 10% of the total County runoff flow.

Under the NPDES permit, Orange County PFRD and its co-permitees have committed to expanding their current outreach programs to educate the public regarding the pollution caused by urban runoff.

Water quality education is at the discretion of each local school district. Responses to Findings 1-13 are required from the Orange County Board of Supervisors. Responses to Findings 1-5, and 11 are requested from the Orange County Health Care Agency. Responses to Findings 6-10 and 13 are requested from the Orange County Public Facilities and Resources Department. Responses to Findings 6-9 are requested from the County Executive Office. A Response to Finding 12 is required from the Orange County Sanitation District, Aliso Water Management Agency and the South East Regional Reclamation Authority. A Response to Finding 14 is required from the Orange County Superintendent of Schools.