Bathers crowd the beach in Santa Monica north of the pier. The bacteria pollution limits (Bacteria TMDL) will help protect public health during the busy beach-going summer months. Photo: Copyright (c) Santa Monica Convention & Visitors Bureau.

In a victory for environmental groups and millions of Southern California beachgoers, the Los Angeles Regional Water Quality Control Board in September voted unanimously 8-0 to incorporate bacteria pollution limits into the Los Angeles County Storm Water Permit.

The Total Maximum Daily Loads, known as TMDLs, require beach waters to be free from unhealthy levels of fecal bacteria. The limits apply to all Santa Monica Bay beaches from Palos Verdes to the Ventura County line during “dry weather,” defined to be between April and October, when tens of millions of residents and visitors use the beach.

“This action makes cities and the county accountable for clean beaches and protecting public health,” said Mark Gold, executive director of Heal the Bay. “The Regional Board’s decision sets a national precedent on how to effectively regulate water quality to prevent thousands of needless illnesses.”

Background

In order to address bacteria pollution impairments, in 2003 the Los Angeles Regional Water Quality Control Board adopted bacteria pollution limits for Santa Monica Bay beaches during dry weather. These limits are known formally as the Santa Monica Bay Beaches Dry-Weather Bacteria Total Maximum Daily Load or “Bacteria TMDL” for short.  Cities and other dischargers were given three years—until July 15, 2006—to meet the Bacteria TMDL pollution limits making all of Santa Monica Bay beaches safe for beachgoers in the dry season.

In order for the Bacteria TMDL pollution limits to be easily enforceable, the Regional Board needed to incorporate them into the actual language of the L.A. County Storm Water Permit. This action was originally scheduled for the Board's July 13th hearing – two days before the compliance deadline. However, the strong opposition by cities and the county, as well as a threat to sue, prompted the Regional Board to postpone the hearing rather than protect the public health of millions of beachgoers.  The second hearing was later re-scheduled for September 14th.  In the interim, the state issued inquiry letters to cities with polluted beaches: a potential step before enforcement.

The Hearing — September 14, 2006

The day-long hearing, running from 9:30 a.m. to 7:30 p.m., drew a large crowd of supporters from a cross section of the community.  Concerned surfers, swimmers, doctors, parents, and children all spoke in support of the bacteria pollution limits:

•  “Please make the water clean so my brother and I won’t get sick,” Lilly Boyle, (10-year-old daughter of Heal the Bay board member Lisa Boyle), requested, when testifying before the regional board at the September 14 hearing.
• David Smith of the Association of Volleyball Professionals (AVP), in his testimony emphasized how clean beaches are necessary for the economic vitality of his organization.
• Dorothy Green, Heal the Bay Founding President, testified that she began Heal the Bay 22 years ago “just for this reason. The ocean is such an important part of our lives that must be protected.”

Additional support for the Bacteria TMDL came in the form of letters and e-mails:

• In response to Heal the Bay's Action Alert, over one thousand concerned citizens sent letters to the Regional Board members asking them to vote to incorporate the Bacteria TMDL pollution limits into the Storm Water Permit and to support clean beaches.
• Governor Arnold Schwarzenegger, the Association of Volleyball Professionals and the Surf Industry Manufacturers’ Association also sent letters in support of this action.

Representatives from cities and LA County testified in opposition, saying that their current approach to address the bacteria problem was adequate. 

In the end, enforceable bacteria limits prevailed. Cities and other dischargers are now subject to fines up to $10,000 per day per violation. 

What’s Next?

Heal the Bay anticipates that enforcement of the Bacteria TMDL by the regional board is imminent.  Instead of facing heavy fines for each bacteria limit violation, we are hopeful that the cities and Los Angeles County will take appropriate actions to ensure that bacteria limits are not exceeded and that Santa Monica Bay beaches are safe for beach-goers in the dry season.  Heal the Bay staff will continue to identify beaches that exceed bacteria limits and track compliance efforts.