L.A. County, Malibu accused of violating clean-water rules
Conservation groups file lawsuit asking court to order the county and Malibu to reduce pollutants that flow into the ocean.
Conservation groups on Monday sued Los Angeles County and the city of Malibu to force them to clean up the slurry of fecal bacteria, copper, lead, cyanide and other pollutants being washed down storm drains, creeks and rivers into coastal waters.
The two lawsuits, filed in U.S. District Court in Los Angeles, are test cases aimed at enforcing compliance with Clean Water Act rules first adopted 17 years ago.
The cases rely on annual reports filed by the county showing that it violates limits set for bacteria, heavy metals and other pollutants carried by rainfall or sprinkler runoff down the Los Angeles and San Gabriel rivers, Ballona and Malibu creeks and other discharge points into Southern California waters.
"Polluted runoff is the No. 1 source of contaminants flowing into the ocean," said David Beckman, a senior attorney with the Natural Resources Defense Council. "It continues flowing into our coastal waters year after year. It's bad for people and marine life and it's against the law."
Up to this point, these so-called storm water rules required county and city officials to take steps toward cleanup, such as mounting education campaigns and stenciling storm drains with no-dumping warnings explaining that the channels flow into the ocean.
The lawsuit does not specify how the county and city should meet the standards of the Clean Water Act. Those details would be left to government officials.
The NRDC and Santa Monica Baykeeper argue that solutions have been developed in other areas, such as carving catch basins to allow storm water to percolate into the ground, using porous pavement, and restoring wetlands and vegetation to filter pollutants.
"It's unfortunate that they've brought litigation," said Mark Pestrella, an assistant deputy director of the county's Public Works Department. "We are going to have to spend money on defending ourselves instead of spending it on improving water quality."
The county, he said, is in full compliance with the law. He also said the county would press ahead with what he called "progressive plans" to clean up urban runoff, showing its commitment to safe waterways and public health.
Malibu City Atty. Christi Hogin said she was disappointed that the city was sued, because it is talking with environmental lawyers to resolve the issue.
