San Diego County Grand Jury • 2002-2003

Polluting Just for the Fun of It:

Published: April 09, 2003 19 pages
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Findings 1 findings

F7
The Grand Jury finds that: The number of two-stroke engine PWCs operating in these Sectors on the Fourth of July, for instance, given their dimensions, yield an amount of uncombusted 16 gasoline and oil which results in more than a thin film left on the water according to an EPA study. G. Not all the parts of Mission Bay flush equally well. In fact, some areas (e.g. Sector 6) behave almost like a lake. H. Numerous regulatory agencies have imposed restrictions on the use of the two-stroke PWCs. These regulations vary from outright bans of their use to allowing their usage in specific sites. I. There is a problem of jurisdiction concerning the management and protection of Mission Bay. The Parks and Recreation Department of the City of San Diego has the jurisdiction but not the means to police Mission Bay; the lifeguards have the means but do not have the jurisdiction. J. Statutes exist at the Federal, State and local levels that prohibit the discharging of oil and gasoline upon navigable waters, in general, and Mission Bay, in particular. If these statutes and ordinances at the Federal, State, and local levels are found insufficient for the purpose of citing two-stroke engine PWC operators, the City can adopt its own ordinance(s) to achieve the same effect. K. The designated stewards demonstrate inadequate awareness of these statutes concerning oil and gasoline discharge into Mission Bay. L. The designated stewards of Mission Bay, either as an act of omission or an act of commission, have not performed all of their designated duties. M. Of 1442 tickets issued by the lifeguards during the period 1999 through 2002, not one was issued to two-stroke engine PWC operators for discharging oil and gasoline into the water and polluting Mission Bay.

Recommendations 2

No Responses Found 1

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