Cabrillo Beach is seen empty after the city of Long Beach closed the beaches due to a report of a spill of between two and four million gallons of untreated sewage into a canal in Carson, in Long Beach, California, US. December 31, 2021. Picture taken with a drone. (REUTERS / DAVID SWANSON – stock.adobe.com)
A massive and dangerous sewage spill happened late last week in Carson. Millions of gallons of raw sewage flowed through residential areas, into storm drains, in the Dominguez Channel, and out to the ocean.
Some Long Beach beaches, OC beaches and LA beaches are closed and will remain so until daily water quality testing for fecal-indicator bacterial pollution shows contaminants have reached an allowable level.
Heal the Bay is calling on officials and agencies to increase water quality monitoring during emergencies and to prevent sewage spills from happening by rapidly updating aging infrastructure.
Follow Heal the Bay’s Beach Report Card for the latest water quality information.
— Los Angeles County Sanitation Districts (@SanDistricts) January 3, 2022
The sewage spill is now estimated to be between 6 and 7 million gallons. A spill of this magnitude is dangerous and unacceptable, and we need to understand what happened. The recent storm undoubtedly contributed, but we need infrastructure that doesn’t fail when it rains. pic.twitter.com/OC1h5Mg2vl
A federal grand jury has filed charges against the Houston-based oil company responsible for the Orange County Oil Spill that dumped 25,000 gallons into the Southern California ocean coastline. Is this a step forward for environmental justice, or just barely enough?
Amplify Energy and two of its subsidiaries were charged on December 15, 2021 by the U.S. Attorney’s Office for negligence that led to the oil spill off the Orange County coast in October 2021. The energy company’s actions that led to the charges include:
Failing to properly respond to eight alarms from the pipeline’s leak detection system, and subsequently allowing oil to flow through a damaged pipeline for over seven hours.
Operating an oil pipeline with an understaffed and fatigued crew that was not properly trained on the leak detection system.
These charges come with a maximum penalty of five years of probation for Amplify Energy and potential fines, which may reach millions of dollars. We do not yet know what probation would look like for Amplify Energy, but in general, the judge presiding over the case can require them to change their operation or conduct if the corporation is placed on probation.
This action, while positive in that it highlights the extreme negligence that occurred, is unfortunately not enough of a deterrent for oil drilling companies to improve their practices or to go so far as to consider ending drilling. The fines are a drop in the bucket for an industry that generates over $100 billion annually, and indictments target the corporations and not the individuals in charge of the corporations, again softening the accountability blow.
The only way to prevent another oil spill from happening is to end oil drilling. It is clear that the system we have for overseeing and penalizing oil extraction companies is not sufficient for protecting our priceless and increasingly endangered ecosystems as well as fenceline communities and public health. Oil extraction companies continue to operate recklessly knowing that they can quickly recover financially.
To enact meaningful change we must phase out oil extraction all together whether it’s happening in the ocean or in our neighborhoods. We are excited to see the legislation that Senator Min will be introducing in January, which promises to end all drilling in California state waters. Ending offshore oil drilling does not mean that we can expand drilling on land – we must transition to renewable energy as soon as possible to address the climate crisis and the environmental injustices that the oil industry has inflicted on fenceline communities.
Take Action!
Urge the California State Government to place a buffer between oil and gas operations and our homes.
Get involved with local organizations working to end oil extraction in our neighborhoods.
Find out who your representatives are and ask what they are doing to protect the public and environment from oil extraction.
Our winters bring increased rainfall in the Los Angeles region. During this season, when many don’t usually flock to the beach like during warmer months, our Storm Response Team is our ocean’s first responder after major rain events.
Winter Storms in LA
The biggest storm of the 2021-2022 winter season, as of yet, arrived in Southern California on Tuesday, December 14, 2021. “As far as intensity, it’s one of our stronger storms,” Kristan Lund, a meteorologist with the National Weather Service, said in the LA Times. “It’s definitely the strongest we’ve seen so far, and potentially one of the stronger ones we’ll see this season.”
While we desperately need the rain to quench our ecosystems, unfortunately it comes with a wave of trash.
Stormwater is the major source of pollution for rivers, lakes, and ocean in Los Angeles County, California. The first flush from a major rain event brings a flood of water, toxins, debris, and trash from our streets straight onto our beaches through the storm drain system. The untreated runoff eventually dumps pollution onto local shorelines. This waste poses a significant risk for wildlife and marine life who can ingest trash or get entangled, and also for the health of our communities who can get sick from bacteria-polluted water.
Our local waters need your help combating marine debris after every big storm in LA during the winter.
Take Part in a Self-Guided Cleanup
Gather friends and family or go solo to take part in a storm response cleanup by spending 30 minutes to an hour cleaning up around your neighborhood or local outdoor space. Remember, trash removed from a street or park means that less waste will make its way through the storm drain system, onto our beaches, and then out to sea.
In addition to doing a cleanup near you, take a look at the map above and target these beach sites today or this week. Highlighted areas are near storm drain outfalls and usually have the most trash after it rains—so this is where you can make the biggest impact.
This won’t be LA’s last storm. Heal the Bay needs more volunteers to join our Storm Response Team for the rainy season to help remove trash, track data, and document photos. If you’re interested in joining our dedicated Storm Response Team to be the ocean’s first responder after #LARain, sign up to receive alerts about volunteer opportunities!
Keep an eye on your email inbox. About 24-hours after each rainfall has ended the Storm Response Team leader will email an alert with the location of the next cleanup. When the storm rolls in, collect your gear and get ready to answer the call! If you need a refresher on how to prepare, what to bring, and how to safely take part, review the most critical storm response information.
Whether you joined the Storm Response Team, are in the process of learning more about the issue, or are leading a cleanup of your own soon, THANK YOU!
Share your efforts on social media and encourage friends, family, and your network to get involved by tagging your finds with @healthebay and #healthebay.
If you have questions about our Storm Response Team, please reach out to Emely Garcia.
On December 3, 2021 our local water agency leaders gathered together to discuss the major water challenges impacting Greater Los Angeles and how to solve them at Heal the Bay’s first-ever ONE Water Day event.
ONE Water Day at Will Rogers State Beach
The sun was shining, the DJ was playing the hits, and our Heal the Bay team was setting up for a cleanup (while dancing in the sand) as we welcomed over 200 attendees to a first-of-its-kind networking opportunity at Will Rogers State Beach. ONE Water Day brought together many prominent heads of local government agencies and engineering companies to meet and discuss the future of water in Los Angeles. There were more than 26 different organizations represented at this networking event, sparking countless partnerships, and raising over $120,000 for Heal the Bay.
The Cleanup
ONE Water Day attendees participated in a scavenger hunt to clean the beach and experience what trash and debris ends up at our beaches from all over our local watersheds.
After guests had time to mix and mingle, the day started off with a land acknowledgement to recognize the Tongva and Chumash tribal ancestral lands where the event was being held. Then attendees were invited to participate in a Heal the Bay scavenger hunt for trash. This hands-on and team-oriented beach cleanup was an opportunity for individuals from different organizations to collaborate and observe first-hand the realities of pollution.
In just 30 minutes, 19 teams collected 200 buckets of trash along two miles of the Pacific Palisades coastline. Amongst an eclectic array of waste, more than 600 cigarette butts were collected, with Team 12 taking home first place prizes for the most items captured.
After the cleanup, a panini lunch was served by the fantastic team of Critic’s Choice Catering, giving attendees a chance to recharge and enjoy the many event exhibitors and perfect beach weather on a winter day.
The Panel
ONE Water Day Panel, guest speakers from left to right; Martin Adams, Robert Ferrante, Adel Hagekhalil, Dr. Shelley Luce (host), Mark Pestrella, Barbara Romero, Dave Pedersen.
Next on the agenda was a panel conversation hosted by Dr. Shelley Luce, Heal the Bay CEO and President. The panel guest speakers included six influential leaders speaking on the topic of Los Angeles water. All were eager to discuss systemic water quality issues, the impacts of climate change, and the cooperative solutions they envision for Los Angeles.
Speakers included: Adel Hagekhalil, General Manager, Metropolitan Water District of Southern California;Barbara Romero, Director and General Manager, LA Sanitation and Environment; Robert Ferrante, Chief Engineer and General Manager, Los Angeles County Sanitation Districts; Dave Pedersen, General Manager, Las Virgenes Municipal Water District; Martin Adams, General Manager and Chief Engineer, LA Department of Water and Power; Mark Pestrella, Director of LA County Public Works.
Energy was high and the feeling was hopeful as the ONE Water Day panel shared their visions for the future. Guest speakers from left to right; Adel Hagekhalil, Dr. Shelley Luce (host), Mark Pestrella, Barbara Romero.
Takeaways from the ONE Water Panel from Dr. Shelly Luce
ONE Water Day was a unique event. The panel was a rare honor and opportunity to question each of the guest speakers on their plans for building a sustainable water supply for Los Angeles in this time of extreme drought and climate change.
We learned so much from our panel speakers at the event. The Los Angeles Bureau of Sanitation and the Department of Water and Power are collaborating to recycle treated wastewater for drinking water. The LA County Sanitation Districts and the Las Virgenes Metropolitan Water District are doing the same in their respective areas, in collaboration with the Metropolitan Water District of Southern California. And, the Los Angeles County Department of Public Works is collaborating with cities throughout the region to capture and treat urban runoff, aka stormwater, so it can be infiltrated into groundwater or reused for irrigation.
This massive shift to conserving and recycling our water has taken place incrementally over decades. It requires a level of collaboration among agencies that has never occurred before.
Adel Hagekhalil, the General Manager of the Metropolitan Water District, stated it perfectly:
“We take water for granted, and we forget that water is essential to firefighting, to drinking, to our health and our safety; hospitals don’t run without water. Fire cannot be fought without water. Businesses cannot run without water Schools cannot be schools without water. Homelessness cannot be addressed without water. So, water is life,” Hagekhalil said. “Sometimes we’re willing to pay $200 for our cell phone, but are we willing to pay that money for the future of our water?”
To demonstrate this commitment, Hagekhalil asked everyone at the event to stand and pledge to work every day toward the ONE Water goals. All did so, willingly and enthusiastically. It was a great moment for all of us who care deeply about our sustainable water future to affirm our commitment.
Thank You
A huge thank you to the amazing ONE Water Day Sponsors, our proud partners of Heal the Bay, and organizations that are leading the way in their commitment to environmental sustainability:
Thank you to all the guests in attendance. Your initiative and dedication are vital toward building a bright and equitable future for water in Los Angeles.
Los Angeles has major water challenges to solve, and Heal the Bay sees events like this as an opportunity to upload the value of collaboration and accountability, to continue conversations that lead to solutions, and to create opportunities for partnerships like never before. This Heal the Bay event is the first of its kind for our organization, but is certainly not the last.
Want to support our ongoing efforts for for One Water? Donate Here
It’s hard to believe that it has been just over a year since the LA Times broke the shocking story of large-scale and widespread dumping of DDT (dichloro-diphenyl-trichloroethane) waste in the deep waters of the San Pedro Basin, off the coast of Southern California, prior to about 1960. The dumping of DDT took place in unceded Tongva, Acjachemen, and Kizh ancestral waters.
The revelation of this extensive, deep-water dumping by UCSB scientist Dr. Valentine and story by LA Times environmental reporter Rosanna Xia horrified even those of us who have worked for decades on the well-known DDT Superfund site in shallower waters off the coast of Los Angeles, in the Palos Verdes shelf. However, this deep-water dumpsite was a lesser-known piece of the toxic legacy of DDT production by the Montrose Chemical Company in Torrance.
DDT, a legacy pesticide, is known to have devastating and long-lasting impacts on wildlife, ecosystems, and human health.
DDT was produced by Montrose from 1943-1983 at their Torrance factory, with much of their DDT-contaminated waste dumped into the sewer system and eventually released in the waters of the Palos Verdes shelf, off the coast of Los Angeles. This created the largest underwater Superfund site in the United States. Stormwater runoff from the factory contaminated the Dominguez Channel and Port of LA too, both of which remain poisoned to this day. And, over the last year we learned that DDT-waste was also taken in barges far offshore and dumped in the deep ocean.
DDT is an especially devastating chemical because it never goes away. It gets into ocean animals and concentrates as it moves up the food chain. It harms untold numbers of fish, marine mammals, and birds, as well as people who rely on fishing to feed themselves and their families.
There are still many questions that need to be answered about the nature and extent of DDT contamination in the deep ocean. We must discover the hard truth about how it continues to poison our ecosystems, including people and marine life.
Since the LA Times article came out, there have been some steps in the right direction but much more needs to be done. Options for removal or mitigation must be explored. The health of people who eat local seafood, especially subsistence fishers, must be protected. Companies that caused the pollution must be held accountable, and government agencies that oversee research and cleanup must be proactive in their work. Above all, the public must be engaged and informed on progress clearly and frequently.
Led by Senators Feinstein and Padilla, the federal government has a proposed earmark of $5.6 million for NOAA, UC Santa Barbara, and Scripps Institution of Oceanography to study the San Pedro Basin deep-water DDT dump site. This is a great start but is not finalized yet and is only about half the amount needed to conduct a comprehensive assessment.
Further, research, mitigation, and cleanup efforts must be approached collaboratively at all levels of government to begin to understand and address this natural disaster as the implications for environmental and public health are far-reaching.
Sign this petition urging Governor Newsom and the California Senate and Assembly to commit, at a minimum, $5.6 M in the 2022-2023 Fiscal Year State budget to match the proposed federal funding allocated to DDT. The State of California permitted this dumping and needs to dedicate resources to tackling this disaster in collaboration with federal agencies.
2021 was a turning point for environmental legislation in California.
Following a legislative season of major challenges for the environment during the COVID-19 pandemic in 2020, our assemblymembers and senators were able to push through some exciting new laws and regulations this year to tackle plastic pollution, water quality, and climate change. Despite some successes, there is much more work to be done. Our team of scientists and advocates breaks it down for you below so you can stay in the know.
A Big Win for Water Quality: AB 1066 (Bloom)
This year, Heal the Bay sponsored Assembly Bill 1066 which passed with flying colors through the legislature. We firmly believe that inland water recreation areas, where people swim, boat, and wade in the water, should have the same health protections as coastal areas. AB 1066 takes the first steps toward addressing water quality monitoring disparities between ocean and freshwater sites by requiring that the California Water Quality Monitoring Council develop recommendations for a uniform statewide freshwater monitoring program. Learn more about this bill and what it means for freshwater quality monitoring.
The California Circular Economy Package: Wins for Fighting Plastic Pollution
This year, a suite of bills dubbed the California Circular Economy Package was introduced by a variety of California decision-makers. While not all of the bills made it through the harrowing process to become law, these five did, and they mark some major wins for tackling plastic pollution and toxins in California.
✅ SB 343 (Allen) expands on California’s truthful labeling law and limits the use of the “chasing arrows” symbol to products and packaging that are actually recycled in California, reducing consumer confusion and recycling contamination. ✅ AB 881 (L. Gonzalez) reclassifies mixed plastic exports as disposal instead of recycling while still allowing for truly recyclable plastics to be counted towards our state’s recycling goals. ✅ AB 1276 (Carrillo) requires foodware accessories to only be given to customers upon their explicit request, reducing the waste of “zero-use” plastics like utensils and condiment packets. ✅ AB 1201 (Ting) also requires truthful labeling for compostable products, only allowing the word “compostable” to be used on products and packaging that are truly compostable in California, increasing effective composting and reducing toxic chemicals in packaging materials. ✅ AB 962 (Kamlager) paves the way for refill systems in California by allowing reusable glass bottles to be returned, refilled, and reused as part of California’s Beverage Container Recycling Program.
Climate Wins (and losses)
The climate crisis is here. In 2021, numerous extreme weather events across the world brought increased urgency to the issue along with the realization that these “extreme” events will become increasingly more common and will affect each and every one of us. Let’s take a look at the big wins of 2021.
✅ SB 1 (Atkins) formally recognizes sea level rise as an urgent need to be addressed by the California Coastal Commission, establishes cross-agency coordination to tackle sea level rise, and establishes a $100 million grant program for local governments to prepare for rising seas. ✅ Climate Resilience Package included in this year’s state budget invests $15 billion – the largest investment to date – in addressing an array of climate change concerns, including wildfires & forest resilience, rising heat, and sea level rise.
California is leading the charge for addressing climate change in many ways, but still has a long way to go. Let’s take a look at the places where California fell short on addressing the climate crisis.
❌ SB 467 (Limon and Weiner) would have banned oil and gas production across California and required a 2,500-foot buffer between drilling sites and sensitive receptors such as homes and schools. We were devastated to see this bill die in the Senate this year but are working closely with environmental justice groups across the state to tackle this issue with creative solutions. ❌ AB 1395 (Muratsuchi and C. Garcia), also referred to as the California Climate Crisis Act would have set ambitious climate goals for the state, including strict emissions standards and accelerated efforts to reduce the burning of fossil fuels.
Other Environmental Wins of 2021
Plastics and Climate Change aren’t the only challenges our communities and environment face. The legislature had a few other successes this year in tackling pollution.
✅ AJR2 (O’Donnell) calls on Congress and the United States Environmental Protection Agency to take action on the recently uncovered dumping of DDT and other waste into the deep ocean between the coast of Los Angeles and Catalina Island. This resolution is a great first step and Heal the Bay looks forward to continued work in 2022 on securing state funding for work on DDT and pushing for a community oversight committee on the issue to ensure transparency and accountability.
✅ SB 433 (Allen) expands the authority of the California Coastal Commission to enforce the 1976 Coastal Act through fines. Previously, the Coastal Commission could only levy fines for violations related to public access but now, with SB 433, the Commission can impose fines for violations related to impacts to wetlands, beaches, and coastal wildlife and waters. Coming on the heels of the devastating oil spill in Orange County, we are thrilled to see increased accountability for those who cause damage to our precious coastal resources.
✅ AB 818 (Bloom) requires clear and conspicuous labeling on disposable wipes that states “DO NOT FLUSH”. All too often, disposable wipes that are not intended to be flushed end up down toilets and in municipal wastewater treatment facilities where they can wreak havoc and cause blockage and spills. Especially after the disastrous sewage spill at the Hyperion Wastewater Treatment Center in Los Angeles earlier this year, legislation like this is important to both reduce consumer confusion and protect our local water bodies and wastewater treatment workers from harm.
Looking Forward: 2022
As we plan for the year ahead, we are hoping for a much stronger and more progressive year in passing regulations to tackle the climate crisis and water pollution issues, and we already know some items on the table. Heal the Bay will be strongly supporting these measures:
SB 54 (Allen) is a bill you have heard us mention before – a massive plastic pollution reduction bill that would comprehensively tackle plastics through reduction measures and recycling reform. Next year will be the 4th year this bill is attempting to make its way through and we are committed to supporting it.
The California Plastic Waste Reduction Regulations Initiative is an initiative eligible for the November 8, 2022 ballot that would enact a massive plastic pollution reduction program, including a “pollution reduction fee” holding producers financially accountable for the pollution they create. Keep an eye out for it on your ballot next year!
With the COVID-19 pandemic still creating a massive public health crisis in California and globally this year, environmental legislation once again struggled to make significant progress. Heal the Bay is prepared and ready to help make up for lost time next year by pushing as hard as we can to pass regulations and laws that reduce production and pollution of plastics, end oil and gas drilling both onshore and on land, and protect our communities, waters, and watersheds from the climate crisis. Stay tuned for how YOU can help us get there.
Laura Rink, Associate Director of Aquarium Operations shares an update on where our released Giant Sea Bass is swimming in the Santa Monica Bay and the impacts of the recent oil spill on fish eggs.
When an animal is released into the wild, there are assumed risks. Transport logistics to the release, acclimation into a foreign environment, predation, inability to find food sources, and natural diseases are all concerns our Heal the Bay Aquarium team had when releasing the beloved Giant Sea Bass (Stereolepis gigas), whom we fondly refer to as GSB, into the Redondo Beach King Harbor in May 2021.
Over the subsequent months we were delighted to observe the fish’s journey in local waters.
We were able to monitor the animal’s movements because, implanted in the abdomen of this Giant Sea Bass is an acoustic tracker that allows us to make observations for ten years. This data provides insight into the success of a captive animal release and additional migration data for a historically endangered species. From the release in May 2021, we have observed the GSB’s migration from the Redondo Beach Artificial Reef, into the Point Vicente Marine Protected Area (MPA), down along the coastline of Cabrillo, and most recently, into the waters along Huntington Beach (See image 1 and 2).
Image 1: A visual map of the Giant Sea Bass migration down the southern coast of California. Points of detection are buoy markers that record movement when an individual passes. Number of detections show how many times the individual was documented passing a specific buoy: the larger the circle on the map below, the more times the fish was recorded at that site.
Image 2: Number of detections made at specific sites and their correlating dates. Dots show where the fish was detected (on the left ) and in what month (along the bottom).
While our team has excitedly followed the fish over the last few months, an unexpected concern arose when the major oil spill off of Orange County’s coastline near Huntington Beach happened in early October 2021—just 5 months after the fish’s release. The fossil fuel industry failing was not only a source of concern for the singular Giant Sea Bass fish, but also for the countless local species who call our ocean home. And, this catastrophic event has brought forward a question that is now commonly posed to our Heal the Bay Aquarium team, “How does an oil spill affect the local species of ocean life?”
Most news reports and oil spill updates from officials mention the impacted marine mammals and birds, animals that capture the public eye and spend a great deal of time at the surface of the sea where most of the oil is seen. But, what about the lesser known fish swimming deep below in our salty waters?
Anecdotal evidence shows that oil spills have devastating effects on ocean animal populations, starting at the first stages of development. Giant Sea Bass are a key example of this issue. While adult individuals like our released GSB may only incur minimal impacts, their offspring may not be so lucky. Giant Sea Bass and various other species of fish are what we call “broadcast spawners”. This term means they release hundreds to thousands of eggs into the surrounding ocean waters where they develop and hatch into larval fishes. Due to the biological makeup of these eggs, they will float to the surface of the water, which is precisely where the toxic oil ends up after a spill. Consequently, research has shown that when eggs come into contact with oil, it can have severe developmental impacts on the growing larvae. One can imagine, then, the potentially disastrous generational effects of an oil spill occurring during the peak spawning season of an endangered fish species.
Oil spills in the ocean can be prevented only when we stop offshore drilling. Here are actions you can take to stop the environmentally damaging impacts of the fossil fuel industry. It’s not enough that we stop offshore drilling, we need to phase out oil and gas drilling on land too. Send a pre-written public comment that demands the following three items: 1) support a 3,200-foot setback of new oil wells from schools, hospitals and homes, 2) demand that the setback applies to existing wells, and 3) demand an emergency response to ban all new permits within the setback until the final rule is in effect.
Come visit Heal the Bay Aquarium at the Santa Monica Pier. We’ll tell you all about the GSB and the other amazing animals who live in the Santa Monica Bay, and more ways you can protect them.
The recent oil spill near Orange County is a painful reminder of the dangers associated with fossil fuels.
Oil spills, air pollution, and single-use plastic waste are all preventable impacts from the fossil fuel industry. There is simply no safe way to drill. The only solution is a just transition away from an extractive fossil fuel economy.
Heal the Bay is calling on our elected officials and appointed agencies to end oil drilling in state and federal waters, and to decommission existing offshore drilling operations immediately. But it is not enough to ban all offshore drilling, when Big Oil will just ramp up their operations in our neighborhoods and public lands. We must end this harmful practice everywhere.
Let’s turn this preventable disaster into an opportunity to protect communities, our environment, and our local economy.
Numerous elected officials have stepped up to call for an end to offshore drilling – this needs to include an end for existing leases and an immediate decommissioning of offshore oil platforms and operations. We are heartened especially by Senator Min’s vow to introduce this type of legislation for California, by his and Senator Newman’s call for federal representatives to do the same. We will keep you updated on state and federal legislation and how to keep pushing it forward.
UPDATE: The AB1066 bill has passed and is heading to the Governor’s desk to sign! Thank you for making your voice heard on behalf of clean freshwater in California.
Heal the Bay and Assembly Member Richard Bloom Introduce Legislation to Protect Public Health at Freshwater Swimming and Recreation Sites in California
We are so excited that Assembly Bill 1066 is progressing through the State legislature. It is the necessary first step towards protecting all Californians from pollution at their favorite freshwater recreation spots, and it has the potential to inspire more health protections and water quality improvements as we have seen at our ocean beaches.
Take Action and Call Your Reps:
Help us ensure AB1066 passes by callingyour California representatives and letting them know you support safe, freshwater swimming sites for ALL!
Don’t know who your reps are or how to contact them? Find your reps here. Click the provided link to go to their websites and contact info.
Sample call script: “Hi, my name is ___ and I live in ___ . As your constituent, I am urging you to please support clean water, safe freshwater recreation, and public health by voting YES on AB1066. Thanks for your time.”
Learn More About Assembly Bill 1066
Assembly Bill 1066 has been amended since its initial introduction. The scope of the bill has been reduced, but it still remains a critical and significant step forward in protecting the public health of inland communities and visitors to freshwater recreation areas. The reduced scope cuts down on the cost and approaches the issue in phases, tackling phase one in its current version and extending the initial timeline.
Defining and identifying priority freshwater recreation sites across the state, based on criteria such as frequency of use and equity-based metrics
Making recommendations for an appropriate monitoring program for these sites to the State Water Board
If AB1066 passes, future steps, which Heal the Bay is committed to working on, would include:
Developing and mandating a monitoring and public notification program for priority freshwater recreation areas across California (similar to AB411 for ocean beaches)
Identifying appropriate funding sources to support this new program, such as a state budget allocation or federal funding
Twenty-four years ago, the California Legislature took an important step forward in protecting public health at ocean beaches. AB411, authored by Assembly Members Howard Wayne (San Diego) and Debra Bowen (South Bay), established statewide water quality standards, required standard monitoring protocols, and set uniform mandatory public notification procedures in place during poor water quality events. Prior to AB411, ocean-goers did not have access to water quality information leaving them vulnerable to serious illnessessuch as stomach flu, respiratory illness and debilitating ear, nose, and throat infections, which are contracted from fecal contamination in the water.
AB411 requires weekly water quality monitoring from April 1 to October 31 as well as public notification of water quality conditions for beaches where annual visitation is 50,000 or greater or that are near storm drains. Heal the Bay was the primary sponsor for this bill, and ourBeach Report Card, started in 1991, helped grow support for it. AB411 is still the guiding piece of legislation for recreational water quality monitoring in California. Unfortunately, freshwater swimming and recreation areas are not regulated or monitored consistently in the same way that ocean beaches are. California has fecal pollution standards for freshwater, but monitoring for that pollution is lacking. Many swimming holes across the State are not tested for water quality, and for those that are, the monitoring and public notification protocols are not consistent statewide.
Rivers, lakes, and streams are popular areas where people swim, fish, kayak, wade, raft, and more. And for many people who do not live near the coast or for whom the coast is not easily accessible, these are the areas where they go to cool off and enjoy time with friends and family, and have a good time. People who visit freshwater swimming holes should be provided with the same protections that ocean beachgoers are given. People deserve to know if they might be exposed to fecal pollution so that they can adequately protect themselves. We are thrilled to announce that Assembly Member Richard Bloom, in partnership with Heal the Bay, has introduced legislation to address this public health disparity, AB1066.
AB1066 is the latest effort from Heal the Bay on addressing this issue. In 2014, Heal the Bay began monitoring freshwater recreation sites and providing that information to the public. We also began aggregating freshwater monitoring data from throughout LA County starting in 2017. This grew into our River Report Card (RRC), a free and publicly accessible website with updated water quality information throughout the greater LA region. Similar to the Beach Report Card, we have been using the RRC to advocate for increased monitoring and better water quality notifications across LA County. However, we want to take this to the next step and ensure people across the whole state have access to consistent water quality information that can help keep them safe.
AB1066 would:
Establish a definition for afreshwater recreation site based on frequency of use and identifysites state-wide to be monitored;
Require weeklymonitoring from Memorial Day to Labor Day for freshwater recreation sites by the owner/operator using a standardized protocol and metrics;
Require public notification online and through signage for hazardous water quality conditions.
“I am pleased to author AB1066 to address a key public health challenge that many Californians face in outdoor recreation– ensuring there are science and health based bacterial standards, ongoing water quality monitoring, and public notification for freshwater bathing where needed.
California is a magnificent state and one that affords all our communities with opportunities to recreate outdoors. Our lakes, rivers and streams should be enjoyed by residents throughout the state, but we need to ensure that their public health is protected while doing so.”
-Assembly Member Richard Bloom
The protections in AB1066 are long overdue and were afforded to ocean beaches nearly 25 years ago. Sign up for our newsletter to stay informed on our work and ways to get involved.
The Los Angeles Regional Board has neglected their mission – to protect and enhance our water resources – by making polluting easier for dischargers rather than requiring action. The job of holding polluters accountable will once again fall on us.
The discharge of polluted stormwater in Los Angeles is regulated by the LA Regional Water Quality Control Board through the Municipal Separate Storm Sewer System (MS4) Permit. The Regional Board had an opportunity this month to improve the MS4 Permit during its decadal update, but in a disappointing decisionthe Board instead greenlit the continued degradation of waterbodies in our communities by adopting a MS4 Permit with the same loopholes as the ineffective 2012 Permit. This decision continues a pattern of insufficient accountability for stormwater dischargers and will only further delay progress, resulting in stagnant or even declining surface water quality.
Permittees asked for a weaker permit with fewer requirements and a longer timeframe
The four-day hearing (see our Twitter updates) began with testimony from public officials who once again lamented their limited access to competitive funding sources for stormwater projects. Elected officials represent cities, which are permittees under the MS4 Permit. They are not community voices – they are the voice of the dischargers asking for a weaker permit with fewer requirements and a longer timeframe.
We understand that completing projects is difficult, particularly for cities with smaller budgets. However, the MS4 Permit has been around for 30 years, and we have yet to see a significant reduction in stormwater pollution. We cannot afford to wait another 30 years before we start to see improvements. Luckily, there are funding opportunities available right now through local, state, and even federal programs. Additional resources include opportunities for collaboration between the cities, supplemental work from non-profits and community groups looking to build projects in their neighborhoods, support from Regional Board staff, and information from LA County’s WHAM Taskforce and Watershed Coordinators who are all assigned to identify and leverage funding sources.
Most importantly, the benefits of compliance far outweigh the costs. Achieving clean water is not just a respectable goal, but a federally mandated law to protect communities and ecosystems from polluted water. Unfortunately, water quality has stagnated, even gotten worse in some areas, as our City and County governments have fallen behind schedule. Yet, there are no penalties for their inaction.
Members of the public asked for clean water, better regulation, and more transparency
The Board also heard from dozens of community members asking for clean water, better regulation of stormwater pollution, and more transparency in the regulatory process. We heard from Eva Pagaling, whose tribes (Samala Chumash and Yakama) have historically gathered materials, medicines, and food in the Santa Clara River watershed and coastline. Eva reminded us that these tribes shoulder the burden of MS4 pollution, and urged the Regional Board to hold accountable those responsible for polluted discharges. We heard from Itzel Flores Castillo Wang, a community member and organizer from Boyle Heights in East LA, supporting a transparent permit that holds permittees accountable to implement multi-benefit and nature-based projects where they are needed most. We heard from so many folks demanding action now, in the form of a SMMART Permit that holds polluters accountable and that allows the public to follow progress and engage in the process.
Heal the Bay gave a presentation alongside partners at LA Waterkeeper and the Natural Resources Defense Council outlining the strengths and flaws of the proposed 2021 Regional MS4 Permit. We supported the watershed approach because water flows throughout watershed boundaries; therefore, the approach to reducing pollution must be watershed-wide without stopping at city limits. The optional watershed management program within the permit framework allows for that watershed approach. However, we did not support the “deemed in compliance” language (also known as the “safe harbor”), which shields polluters from enforcement. A SMMART permit can invest in our communities through multi-benefit projects, but only if it is actionable, with enforceable deadlines so that those benefits can become a reality in our communities and not just a hope for the future.
“The small list of projects presented by permittees are happening because there are TMDLs with deadlines and consequences built in. There is no justification for maintaining the safe harbors in this permit. Board staff has already allowed plenty of flexibility…” – Dr. Shelley Luce.
The Water Board is supposed to preserve and enhance water quality for present and future generations; instead, they chose to excuse permittees, once again, for their lack of action.
The Regional Board voted to allow continued degradation of our waterways
As final deliberations began on July 23, it became apparent that Board members were more concerned about the complaints of the permittees than about the demands of community members. Some Board members went even further to bow to dischargers by proposing motions to extend deadlines (which thankfully failed, but with a narrow 4-3 vote against) and completely remove numeric water quality requirements (which failed with a 5-2 vote against). Finally, the Board voted to approve a 2021 Regional MS4 Permit that includes the same safe harbors that made the 2012 MS4 Permit so ineffective, even after dozens of community members asked them directly for clean water and more accountability.
Some improvements were made to increase transparency, including a final direction to Regional Board staff to create a single online portal for all annual reports; however, without even the possibility of enforcement by the Board, there is no accountability for polluters.
It is up to all of us to Take LA by Storm and push for progress together
One board member claimed that “the safe harbors are an expression of trust and confidence in permittees.” But knowing the permittee’s record of inaction, we do not share that trust. By keeping the safe harbors, the Board has effectively decided not to enforce this critical permit. So now, the job of holding permittees accountable will once again fall on us, the concerned residents and nonprofit groups of Los Angeles and Ventura Counties. We can take inspiration from Margaret Mead and know that, together, our actions can make a difference.
Sign up to Take LA by Storm to receive updates as the permittees submit their semi-annual reports. We will continue to search for ways to hold polluters accountable while we track progress. If implementation continues to lag, we will demand action together.
Heal the Bay wins 2024 California Nonprofit of the Year Award!
Thanks to your generous support, Heal the Bay has accomplished award-winning successes for our coastal waters. As we continue our journey into 2025, we invite you to stand with us and help fuel our mission.
Every contribution makes a difference in preserving and protecting our precious marine environment. Join us in riding the wave of change!
On December 3, 2021 our local water agency leaders gathered together to discuss the major water challenges impacting Greater Los Angeles and how to solve them at Heal the Bay’s first-ever 
Energy was high and the feeling was hopeful as the 
2021 was a turning point for environmental legislation in California.
