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Heal the Bay Blog
Category: Water Quality
Hyperion Water Reclamation Plant near El Segundo. Photo by Brittany Murray via LA Waterkeeper
Heal the Bay is encouraged that the City of Los Angeles has agreed to pay $20.8 million to make much-needed improvements at its Hyperion Water Reclamation Facility, the site of the 2021 sewage spill that saw 12.5 million gallons of untreated wastewater discharged to Santa Monica Bay.
Three years have passed since the significant spill at the Hyperion Treatment Plant, Los Angeles’ oldest and largest wastewater facility. Since the incident, Heal the Bay has been dedicated to collaborating with LA City Public Works and Sanitation, along with various agencies and organizations, to ensure that any issues within the plant’s system are swiftly addressed. Our ongoing efforts aim to safeguard the health and safety of Hyperion’s workers, the general public, and the environment. For details on Heal the Bay’s initial findings and subsequent recommendations, click here.
Approximately $20 million will be used to rectify ongoing operational issues recently identified by a Technical Advisory Group to ensure that the facility can safely treat wastewater even during large rain events. Those challenges will be exacerbated in the decades to come as climate impacts worsen and we see more frequent and more intense storms. Tracy Quinn, Heal the Bay’s CEO, served on the Technical Advisory Group.
The City of Los Angeles is still negotiating a settlement with the state’s Regional Water Quality Control Board over the massive 2021 spill. We are urging the Regional Board to impose meaningful fines that can be directed toward environmental projects to address the harm caused by discharge. Any fines should also be used to invest in technology that moves the City closer to producing potable recycled water instead of dumping treated wastewater uselessly into the sea. Stay tuned for further updates.
What caused last month’s sewage spill in the Bay?
Over 30,000 gallons of raw sewage discharged unintentionally into Ballona Creek and then into the ocean on May 8-9. The spill forced full closures along Dockweiler Beach and Venice Beach, two of the most popular shoreline spots in greater L.A.
The culprit was root blockage in a main sewer line in West Hollywood. Over time, tree roots can infiltrate sewer pipes causing them to clog or break. A sewer main is a publicly owned pipeline, typically located under a street, that collects waste from numerous homes and businesses and transports it to a wastewater treatment facility. Based on the spill report from the State Office of Emergency Services, it appears that the sewage blocked up in West Hollywood, spilled onto the street, and entered a storm drain, which eventually made its way to Ballona Creek and out to the ocean.
How much icky stuff reached the sea?
According to the most report from California Integrated Water Quality System Project (CIWQS), it was revealed that a staggering 31,763 gallons of sewage were discharged from this residence, significantly surpassing the initial estimate of 14,400 gallons, which was the amount widely reported in the media.
What damage can these spills do to humans and the ecosystem?
Raw sewage is very dangerous to people and wildlife, as it contains bacteria, viruses, and can carry a variety of diseases. There is also debris in raw sewage, such as wipes, tampons and other personal health items. When released into waterways and the ocean, the waste and debris can harbor bacteria or be ingested by animals. Sewage is made up primarily of organic matter that is food for smaller organisms at the bottom of the food chain like algae. A large discharge of sewage can lead to algal blooms that can deplete oxygen in the water, possibly leading to fish kills and impacts to aquatic organisms and ecosystems. Discharges of sewage can also increase the cloudiness of water, smothering species or impacting the amount of light that can pass through the water for photosynthetic organisms.
Did some media overplay this story?
A recent Los Angeles Magazine article “Beach Residents are Sick of the Crap”, made a link between the recent sewage spill from Ballona Creek and reports of “dead fish and birds” and sick surfers in the area. Heal the Bay takes sewage spills and threats to public and environmental health very seriously. But we pride ourselves on being a science-based organization and we question whether this assertion is backed up with robust data. It is tempting to use anecdotal evidence to indicate causation, but to effect change we must rely on good data to back up our advocacy. Recently there have been increased reports of starving and sick pelicans, but these reports preceded the latest sewage spill. We don’t have enough evidence to conclude that the impacts on fish and birds are related to sewage spills. Researchers and advocates must continue to identify the reasons why pelicans are starving while also working to stop sewage spills and protect public health.
Heal the Bay got its start nearly 40 years ago by making sure raw sewage didn’t get released into local waters. Why do we still see these discharges happen?
Heal the Bay’s first fight was to stop partially treated sewage from being discharged into the Santa Monica Bay from the Hyperion Wastewater Treatment Plant. Hyperion now treats wastewater to a much higher degree and, when everything functions properly, we actually aren’t concerned about bacteria or viruses being discharged into the ocean. But climate change is already impacting our sewer systems; as we see more intense storms, some of that water is finding its way into sewer pipes, scouring the debris that gets stuck in our pipes, mostly wipes, which can overwhelm our treatment plants. Hyperion isn’t designed for these intense storm events, and in fact, hasn’t had a major overhaul since Heal the Bay pushed them to 40-years ago. We have other concerns about treatment plants too — like the discharge of treated water, which can be recycled and reused, and the discharge of nutrients into the ocean, which is exacerbating impacts of ocean acidification and warming. And we know that major spills from treatment plants can and do still happen, like we saw in 2021 at Hyperion.
Spills that happen outside of treatment plants from sewer pipelines are often due to aging infrastructure. Pipes don’t last forever and maintenance and replacement are required. According to a statement that Director and General Manager of LA Sanitation & Environment Barbara Romero gave to Los Angeles City Council, approximately one-third of the city’s pipelines have exceeded the 90-year mark. Typically, sewer pipes are designed with a lifespan ranging from 50 to 100 years. Given that the majority of Los Angeles’ sewer infrastructure predates 1950, it’s evident that a significant portion is approaching the end of its operational lifespan. As a region, we must invest in and prioritize infrastructure repair and replacement. That will likely mean higher utility rates. As we make repairs, we must also be forward-thinking of the current changing climate and what’s to come, planning for opportunities to maximize water recycling and readying for larger and more intense but less frequent rainfall.
Was this a one-off event or should we be worried about an increased amount of spills in the future?
Unfortunately, discharges happen periodically but they vary widely in volume and whether the sewage actually reaches a waterway – namely a river or the ocean.
Major sewage spills are fairly rare, but we have had some big ones in the last three years. In July 2021, Hyperion had a major failure and discharged 12.5 million gallons of sewage to the ocean from its outfall pipe that discharges one mile into the ocean. The proposed fine of $27 million by the Water Board is still being negotiated by the City of LA. In December 2021, 8.5 million gallons of sewage was discharged into the Dominguez Channel from an overflow in an LA County Sanitation Districts pipeline. LA County paid a fine of $6 million for this spill and 14 others, with much of the fine returning to fund a local stormwater park to benefit the community. The LA Magazine article incorrectly attributed this spill to the City of LA, when in fact it was the County of LA.
However, smaller sewage spills are not an uncommon occurrence regionally. Sewage spills are tracked by the state which is where Heal the Bay pulls data to look at trends over time. Over the last 10 years (2014-2023), there have been a total of 3,174 spill cases resulting in 30,521,025 gallons of sewage in LA County, with around half of that amount reaching surface waters.
The number of spills actually shows a decreasing trend over the last 10 years (see chart below), but there is not a clear trend when we look at volume spilled over time. Clearly, we see spikes in years when there were major spills. Obtaining data on spills is not easy or user-friendly and the data itself is not perfect. The graphs below actually don’t have the 2021 Hyperion spill in them due to that data being listed differently by agencies.
What’s the difference between sewers and storm drains?
We must remember not to confuse the sewer and storm drain systems, which are separate in Los Angeles. Waste from inside homes and businesses enters the sewer system and is treated before being discharged into the sea. Meanwhile, rain and daily urban runoff (sprinklers, hosing down sidewalks, washing a car in the street) enters our storm drain system. That daily runoff, which can amount to 10 million gallons in greater LA even on a dry day, is not cleaned and enters waterways and the ocean directly.
The LA Magazine article conflates the two, describing “pools of raw sewage [that] puddle in heavily traveled areas, like the beach in front of Santa Monica’s Shutters and Casa del Mar hotels.” These two hotels sit near the outfall of the Pico-Kenter storm drain, which drains major portions of Los Angeles and Santa Monica. During storms, Pico-Kenter funnels huge amounts of trash and toxins to the beach and ocean. The puddles described by LA Mag were very unlikely to be raw sewage and much more likely to be stormwater runoff, which is typically filled with unsightly trash and bacteria which can cause illness but is less of a health concern than raw sewage.
Who is responsible for maintaining the sewer system?
The sewer system in LA County consists of 17,000 miles of pipes and is both publicly and privately owned.
Lateral lines are privately owned and connect homes and businesses to the public system. Homeowners and business owners are responsible for maintaining and cleaning those lines, which are known to get clogged and impacted from tree roots. Regular maintenance is key to preventing problems and sewage leaks and spills from lateral lines. Blockages can also be prevented by all of us by not flushing anything down the toilet except toilet paper and waste. That means no wipes (even if they’re flushable), tampons, condoms, plastic, needles, or anything else. And for sinks, that means no fats, oils, and grease, which can clog pipes as well.
LA County Sanitation Districts’ service area covers 78 cities and the unincorporated areas within the County (824 square miles); the City of LA is responsible for more than 6,700 miles of sewers. Finally, the wastewater ends up at wastewater treatment or water reclamation plants. 
The City of LA operates four plants: Donald C. Tillman Water Reclamation Plant, Los Angeles Glendale Water Reclamation Plant, Terminal Island Water Reclamation Plant, and Hyperion Water Reclamation Plant. The County of LA operates 11 wastewater treatment facilities, the largest being the A.K. Warren Water Resource Facility (formerly known as Joint Water Pollution Control Plant) in Carson.
Are the various agencies and municipalities doing all that they can to prevent these spills?
The City and County of LA recognize the need for maintenance, upgrades, and replacement of aging infrastructure. Staff is also focused on improving systems and processes for detecting, responding to, and notifying the public of spills.
Heal the Bay and our partner non-profit organizations meet regularly with leadership at LA County Sanitation Districts and we appreciate their transparency as well taking accountability for spills and reinvesting in local communities. The scale of the problem for LA City and LA County is huge in terms of identifying and prioritizing areas in need of repair across 17,000 miles of sewer pipes.
What is Heal the Bay doing to make sure these spills don’t happen in the future? How are you holding dischargers accountable?
Heal the Bay is dedicated to protecting public health and making sure that spills don’t happen in the future by:
- Advocating for:
- Increased transparency and commitments from LASAN and LACSD as well as the Department of Public Health on coordination, rapid testing, and rapid notification of the public when there is a sewage spill, especially major ones that could have an impact on public health.
- Appropriate fines when there are spills and requiring those fines to be invested in local communities that were impacted and water quality improvement projects
- Funding for City and County of LA to make necessary upgrades to infrastructure through local, state, and federal funding as well as through rate increases
- Heal the Bay supports the recently proposed sewer rate increases by LA Bureau of Sanitation & Environment as it must address aging infrastructure and keep up with inflation, the agency’s needs, and our new climate reality.
- Implementation of the recommendations in the report from the 2021 sewage spill at Hyperion
- Educating residents on actions they can take to prevent sewage clogs and spills.
- Informing the public when there is a spill as a trusted voice in the community through our social media, blogs, and the Beach Report Card and River Report Card.
How can residents support those efforts?
- If you’re a homeowner or business owner, maintain your lateral sewer lines.
- Prevent clogs and spills by educating yourself, your family, and friends on what is ok or not ok to flush down the toilet and don’t put fats, oils, and grease down the sink.
- Support Heal the Bay’s advocacy work by donating or sponsoring our Beach Report Card.
Heal the Bay and Wishtoyo Chumash Foundation have been collaborating to reduce impacts to the Santa Clara River Estuary from the Ventura Water Reclamation Facility since 2011, following a legal settlement (consent decree) with the City of Ventura. After more than a decade of scientific studies, bureaucratic negotiations, infrastructure planning, and a lengthy permitting process, we are excited that the VenturaWaterPure project is moving forward. The project will provide a net benefit to the estuary by reducing discharge of treated wastewater from the facility, which has a multitude of negative impacts on water and habitat quality in the estuary.
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- The Santa Clara River Estuary outlet to the ocean
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- The Ventura Water Reclamation facility
On December 15, 2024, Heal the Bay joined our consent decree partners along with Secretary of the Interior Deb Haaland and Principal Deputy Assistant Secretary for Water and Science Michael Brain, to celebrate this water recycling and ecosystem restoration project.
Heal the Bay’s Associate Director, Science & Policy (Water Quality) Annelisa Moe (left) attends the VenturaWaterPure press conference.
Under CA State law, discharging treated wastewater is considered an unreasonable use of that water, and is therefore illegal, unless it provides an environmental benefit. Unfortunately, based on conclusions from a Science Panel and Technical Advisory Committee, treated wastewater flow into the naturally brackish Santa Clara River Estuary does not benefit the ecosystem, but actually negatively affects it in a variety of ways:
- Decreases salinity variability, which is favorable for invasive species
- Increases levels of nitrate and other nutrients leading to low dissolved oxygen levels, which is harmful to the entire ecosystem
- Heightens the water level in the estuary leading to local flooding at McGrath State Park and unseasonal estuary berm breach events, which impedes public access and is harmful to native and listed species
So the City of Ventura has committed to dramatically reduce their discharge to the estuary and limit nutrient loading in any remaining discharge through the VenturaWaterPure project. The project also offers a co-benefit of up to 1.76 billion gallons of new recycled water supply for the City of Ventura by 2032. This supports the human right to water using an approach that is environmentally protective and affordable, especially when compared to other methods such as importing water, or using ocean water desalination.
Heal the Bay will continue to work closely with Wishtoyo Chumash Foundation and City of Ventura to ensure the transition to reduced discharge is protective of the estuary, that the new brine discharge to the ocean is done responsibly using the best available technology, and that the existing treatment ponds (which currently serve as important bird habitat) remain protected as part of the final VenturaWaterPure project.
Support Heal the Bay’s mission to protect public health through clean water policy:
Read More:
Heal the Bay’s 2011 report on The Santa Clara River estuary
Interior Secretary Deb Haaland visits Ventura water treatment project, Ventura County Star
Angler Outreach ProgramBeach Report CardCaliforniaCalifornia Bag BanCalifornia DroughtClimate ChangeHeal the Bay AquariumNewsRiver Report CardTake ActionWater Quality
Reflecting on a Year of Progress
Heal the Bay achieved significant accomplishments in 2023 in safeguarding our waters, preserving biodiversity, and raising awareness about the importance of environmental conservation. Through our collective efforts and with your unwavering support, we worked tirelessly to create cleaner, healthier, and more sustainable coastal waters and watersheds for Los Angeles and beyond from summit to sea. As we reflect on the achievements of this past year, we are thrilled to carry this momentum into the coming year, always aiming to make a lasting difference. Celebrate them with us!
2023 Highlights
Our expertise was sought after, and our work was celebrated.
In 2023, Heal the Bay was honored for decades of commitment to the environment.
- The City of Los Angeles officially declared October 20, 2023 “Heal the Bay Day in LA” in recognition of nearly four decades of accomplishments including the 20th anniversary of our Angler Outreach Program as well as our Aquarium.
- The 3rd Annual Heal the Bay One Water symposium was convened at Will Rogers State Beach, establishing Heal the Bay as a thought leader among civil engineers, water conservation experts, and local, county, and state legislators.
- Heal the Bay was officially appointed to the LA 28 Environmental Sustainability Committee for the 2028 Summer Olympics.
- Heal the Bay Aquarium celebrated its 20th anniversary with an official ribbon-cutting of a new Welcome Center located on top of the historic and iconic Santa Monica Pier.
The future of our planet starts with better environmental policy.
Heal the Bay played a pivotal role in successfully advancing policies and legislation for the benefit of water quality, affordability, and coastal ecosystems to ensure a more sustainable Los Angeles region and climate-resilient California.
- Heal the Bay, co-sponsored Assembly Bill 1572 (Friedman) alongside the NRDC and the Los Angeles Metropolitan Water District. This new law bans the use of drinking water to irrigate non-functional (purely ornamental) turf on governmental and commercial landscapes; and is expected to save the equivalent amount of water that 780,000 households use in a year.
- Heal the Bay advocated for water quality protection at the Boeing Santa Susana Field Laboratory site in Simi Valley. The Los Angeles Regional Water Board voted in October to keep regulations on surface water that flows from this previous industrial site, keeping stringent water quality limits, adding more monitoring, and addressing the potential for surface water pollution to impact groundwater, a huge win in the ongoing battle for water quality protection.
- Our policy team worked to legally strengthen and streamline fishing regulations to make fishery enforcement more equitable through Assembly Bill 1611 (Lowenthal). This new Heal the Bay sponsored law was supported by conservationists and fishery regulatory agencies alike as a win-win for both nature and the fishing community.
- Heal the Bay co-authored a new (and well-received) Vision 2045 Report and shared it with LA County decision-makers who are tasked with overseeing the ambitious Safe, Clean, Water Program (SCWP). This collaborative “vision” laid out a roadmap of bolder goals, and recommendations to more quickly and definitively reach 2045 SCWP targets.
It Takes a Very Large Village.
This year Heal the Bay published its first Volunteer Impact Report highlighting the accomplishments of our 22,017 volunteers from the 2022 season, which paved the way for the many volunteer successes of 2023.
- In 2023, Heal the Bay volunteers collected more than 22,000 pounds of trash and contributing 71,048 hours to protecting our precious watershed and coastal waters!
- In September, Heal the Bay mobilized 7,337 volunteers on Coastal Cleanup Day, removing 16,211 pounds of trash (including 429 pounds of recyclables) from greater Los Angeles coastlines and waterways.
- Heal the Bay’s work is powered by everyday heroes and Spectrum News highlighted one of our dedicated volunteers.
Sticking a Fork in Plastic at the Source
Recognizing the urgent need to combat plastic pollution, Heal the Bay continues impactful campaigns encouraging individuals and businesses to adopt sustainable practices. For several years, staff has been working with LA City and County to help create legislation aiming to break the harmful plastic cycle. By advocating for reducing single-use plastics and promoting responsible waste management, we took significant steps toward a plastic-free future.
- Our “No Bag November” campaign reaffirmed Heal the Bay’s commitment to a plastic-free Los Angeles. Through partnerships and community activations, No Bag November urged Angelenos to say “no” to single-use plastic bags and encouraged everyone to grab their reusable bags instead.
- In 2023, the implementation of THREE new laws made big waves for the environment as a means to reduce plastic in our oceans.
- As a leader in the Reusable LA Coalition, we co-launched the “Hold the Plastic, please,” campaign to educate businesses and the public about LA City and County plastic bans that Heal the Bay and partners advocated to pass.
Environmental Health IS Public Health
In 2023, Heal the Bay continued its relentless commitment to ocean water and freshwater quality from summit to sea.
- Since its launch in 2003, Heal the Bay’s Angler Outreach Program (in partnership with the Environmental Protection Agency) has educated more than 190,000 anglers about which fish are contaminated, and which are safer to eat.
- Our annual Beach Report Card released this year remains the gold standard, providing access to the latest water quality information based on levels of fecal-indicator bacterial pollution in the ocean at over 700 beaches. For more than 30 years, our annual report has assigned “A-to-F” letter grades and ranked the “Best and Bummer” lists across beaches from Washington State to Tijuana, Mexico.
- The 5th annual River Report Card was also released, ranking freshwater quality and providing grades for 35 freshwater recreation areas in Los Angeles County tested during the summer of 2022. This summer we debuted our upgraded River Report Card with an intuitive letter grading system and celebrated the achievements of our 2023 Summer Stream Team. These two programs are at the forefront of our efforts to keep LA’s waters safe and enjoyable for all.
Conservation and Marine Protection Are Key to Our Mission
Heal the Bay reaffirmed its commitment to biodiversity through both volunteer activations and the tireless efforts of our husbandry, operations, and education Aquarium teams.
- Heal the Bay Aquarium plays a pivotal role in species conservation through research, breeding programs, and public awareness campaigns. In 2023, sixteen fish, three swell sharks, and dozens of moon jellies were born at the Aquarium; and our animal care team released five species of protected and rehabilitated marine life including a keystone species, the California Sheephead fish, and a critically endangered Giant Spotted Bass into the Santa Monica Bay. By releasing these animals back into the wild, Heal the Bay continues its mission to protect and support the biodiversity of wild fish populations.
- As part of our collective commitment to successful conservation efforts, Heal the Bay Aquarium officially joined the Association of Zoos and Aquariums (AZA) Wildlife Trafficking Alliance. As an official member of US Fish & Wildlife Department’s Wildlife Confiscation Network pilot program, the aquarium is certified to care for the well-being of wildlife confiscated from illegal trade.
- Heal the Bay’s Science and Policy Team successfully advocated for state funding to research DDT in 2022-23 and is now working as part of a coalition to lead public meetings and educate Californias on the impacts of DDT on public health and biodiversity.
- As a watchdog for Marine Protected Areas, Heal the Bay’s MPA Team is actively contributing and analyzing critical data on California’s first decade-long review that began in 2023. One of the biggest conclusions of the review highlighted the fact that protecting these precious estuaries for the past decade has worked, allowing for flourishing biodiversity, larger populations, and bigger individual animals in these safeguarded areas.
Environmental Justice is a pillar of environmental health.
This year Heal the Bay stood up to big oil and continued to advocate for communities that experience the worst systemic and often immediate impacts of environmental injustice and climate change.
- For decades Heal the Bay has advocated alongside organizations like Stand Together Against Neighborhood Drilling to oppose oil drilling in Los Angeles neighborhoods, a practice long seen as an environmental injustice and a public health crisis. In October of 2023, the LA County Regional Planning Commission voted in support of phasing out oil drilling in the Inglewood Oil Field, one of the largest neighborhood oil fields in the country.
- In 2023 Heal the Bay publicly endorsed the Campaign for a Safe and Healthy California and will work alongside public health groups, community and faith organizations, and environmental justice leaders from across California to “KEEP THE LAW” (SB 1137) on the November 2024 ballot. This law prohibits new oil wells within 3,200 feet of homes, schools, day care centers, parks, healthcare facilities, and businesses.
Environmental Education, Outreach and Sharing our Passion to Protect What We Love
Education remained a cornerstone of our mission. In 2023, Heal the Bay expanded our outreach program, teaching schools and communities to understand the importance of environmental conservation and the role each individual can play.
- Through innovative approaches and interactive science-based programs, educational efforts continued to inspire and inform diverse audiences. The Heal the Bay Aquarium field trip program sponsored 10,285 students from 22 school districts in LA County— 79% were Title 1 schools.
- This year, “Coastal Cleanup Education Day” at the Aquarium hosted more than 250 3rd-5th grade students from across Los Angeles County for a day of beach exploration, scientific excursions, pollution education, and hands on learning while having some fun in the sun.
- Heal the Bay Science Camp is an opportunity to foster a deeper connection with marine life in early educational development. In 2023, Spectrum News featured the program. There are still a few spots available January 2-5 “Extreme Winter” Science Camp. Register your future scientist here.
Cheers to 2023
As we look back on 2023, Heal the Bay celebrates a year of accomplishments, resilience, and collaboration. These achievements underscore the collective efforts of our dedicated team, volunteers, and supporters who made a positive impact on the health of our oceans and coastal ecosystems.
Here’s to a future filled with even greater strides toward a sustainable and thriving planet!
Looking to the Future with 2024 in our sights
In 2024, Heal the Bay will enter a bold five-year strategic plan with a focus on protecting and restoring the Los Angeles environment and water. The plan aims to improve water quality, increase access to clean water, and advocate for policies that benefit the environment. We have outlined specific goals and initiatives, such as reducing plastic pollution, restoring wetlands, and engaging communities in environmental education and action.
Thank you for all our supporters both past and present.
Want to support our work for years to come? There is still time to make your big impact for Heal the Bay with Year End Giving. Give a gift for good to protect our precious watershed and help keep our coastal waters safe and clean all year round. Whether it be Corporate and Foundation Giving, Partnerships, Stock Donations, Donor Advised Funds, Estate Plans, Donations and Sponsorship Opportunities, you can make a lasting impact with your year-end contribution today. Contact Us.
Heal the Bay closely monitors the progress of bills that impact California’s ecosystems and communities each legislative calendar year, and this season has been a rollercoaster ride ranging from game-changing victories in water conservation to ongoing waste and toxin battles. Let’s take a deep dive into the outcomes of key legislation and what it means for healthy, safe, clean water.
Major Wins led by Heal the Bay for Water & Biodiversity
When Heal the Bay sponsors a bill, we take on the responsibility of introducing, advocating for, and shepherding a proposed new law through the legislative process. This year, Heal the Bay co-sponsored two bills that were signed into law.
- Assembly Bill 1572 (Friedman): Irrigation of Non-functional Turf, co-sponsored by Heal the Bay, NRDC, and Metropolitan Water District
a.k.a the “lawn-be-gone” solution for a more water equitable and climate resilient California.
Heal the Bay sponsored AB 1572 which is all about using water more efficiently. The bill bans the use of drinking water to irrigate “non-functional turf” on government and commercial properties. See a patch of grass and wondering if it’s non-functional turf? If the only time a person walks on the grass is to mow it, it’s probably non-functional turf. This bill doesn’t impact landscapes around people’s homes, but it does mean no more watering fancy lawns with precious drinking water at public agencies, restaurants, and corporate campuses. When it goes into effect, AB 1572 is expected to save the same amount of water 780,000 households use in a year! Even major water suppliers supported it. This bill is a huge win toward a more sustainable and water-efficient California. While the bill excludes single-family residential lawns, everyone is encouraged to do their part. To learn about how you can transform your landscape, check out LA Department of Water and Power and Metropolitan Water District’s turf replacement programs.
- Assembly Bill 1611 (Lowenthal): Fishing Violations, co-sponsored by Heal the Bay and Resources Legacy Fund
a.k.a the “win-win” for fish and anglers.
AB 1611 simplifies and clarifies fishing regulations in California by allowing Fish and Game wardens to cite certain administrative commercial fishing violations as either a misdemeanor or an infraction. This change ensures that wild fishery enforcement is more equitable.
This smart approach ensures that the punishment fits the crime by striking a balance between fairness and strong governance. This bill had strong backing from fishery regulatory agencies and its passing means California is taking essential steps to safeguard its fisheries and continue its tradition of leading in environmental protection. It’s a win-win for both nature and the community.
Want to help Heal the Bay monitor our precious Marine Protected Areas (MPAs)? Become an MPA Watch Volunteer and learn how to identify and report violations – the first step to becoming an MPA Watch volunteer is to attend our next Volunteer Orientation on January 11, 2024, at 6 PM (Heal the Bay Aquarium).
Want to learn more about the bills Heal the Bay helped sponsor? 🔴 WATCH our 2023 Legislative Wins Break-Down on Instagram.
Other Exciting Legislative Wins
- Senate Bill 244 (Eggman): Right to Repair
a.k.a “Don’t waste it, fix it”.
Dubbed the “Right to Repair Act”, the passage of SB 244 will have a powerful impact on reducing electronic waste by giving consumers more accessibility to the parts and pieces needed to fix electronics and appliances. Beginning July 1, 2024, manufacturers will have to provide you, their customer, with documentation, parts, and tools for repairs, even if the warranty has expired. This law is all about making repairs more accessible, reducing waste, and promoting a fair marketplace for fixes. Heal the Bay supported this bill through our Clean Seas Lobbying Coalition.
Tough Losses: Vetoed Bills
Not every bill makes it through the process, Governor Newsom vetoed several bills that Heal the Bay would have preferred to see signed into law:
- Assembly Bill 1628 (McKinnor): Microfiber Filtration
a.k.a “Microfiber filters could make massive impacts on the environment”.
AB 1628 was focused on microfiber pollution, a major contributor to microplastic pollution around the globe. It would have required every new washing machine sold in the State, whether for homes or industrial use, to come with a special microfiber filter. This filter is like a lint trap that catches tiny microfibers as small as 100 micrometers, preventing them from getting into our environment. The bill was vetoed by Governor Newsom who expressed concerns about increased costs to consumers and instead suggested the exploration of alternative, incentive-based approaches. Heal the Bay does not agree with his false narrative, and, in fact, bill analysis still favors a legislative approach showing that increased costs would have actually been minimal for both consumers and manufacturers.
- Assembly Bill 1423 (Schiavo): PFAS in Artificial Turf
a.k.a A “turf” loss for the environment.
AB 1423 would have prevented California public entities, schools, and certain colleges from buying or installing artificial turf or synthetic surfaces containing harmful PFAS chemicals (perfluoroalkyl and polyfluoroalkyl substances), commonly called “forever chemicals,” which are highly toxic compounds persistent in the environment and linked to a myriad of public health concerns. The bill would have also encouraged manufacturers to choose safer alternatives when replacing PFAS in these surfaces. Unfortunately, Governor Newsom vetoed this bill citing a lack of regulatory oversight to enforce the ban. Heal the Bay continues to seek opportunities to educate the public about the dangers of PFAS and encourage alternatives wherever possible.
It’s Not Over Yet: Bills to Revisit
While some bills came out on top and others met their downfall this year, a few were set on a two-year track that may potentially be reintroduced in 2024 (also known as part two of the two-year legislative session). Below are some standout bills that Heal the Bay is excited to work on when they arise again:
- Assembly Bill 1290 (Rivas): Plastic Additives
AB 1290 sought to adopt new plastic regulations by putting restrictions on certain plastic products and additives. The bill aimed to ban making, selling, offering for sale, or distributing especially toxic items like colored plastic bottles and plastic packaging with toxic substances in California. These restricted substances include colorants that make plastic hard to recycle, additives that make plastic break down into tiny pieces, and harmful PFAS chemicals. This bill was extended to a 2-year bill and Heal the Bay continues to support its passage.
- Senate Bill 552 (Newman): Reuse for Dine-In
SB 552 was a tough loss for Heal the Bay and our partners along with bill sponsors at the Clean Seas Coalition. This bill would have prohibited food facilities from providing a dine-in customer with any single-use foodware accessory or single-use food packaging. LA County recently passed a similar law thanks to Heal the Bay and Reusable LA, and we know just how effective this law would be at reducing harmful single-use plastic waste from the source. Unfortunately, thanks to logistical challenges, this bill never really took off this year, but Heal the Bay is really excited to push even harder for this legislation next year.
For a great summary of outcomes on climate and other environmental bills, check out the recap from LA Times reporter, Sammy Roth.
While this year was peppered with heartbreaks and an unusually high number of bill vetoes, Heal the Bay is still celebrating our wins and looking forward to next year. From equitable fishing regulation to water conservation and waste reduction, our state is at the forefront of safeguarding our precious ecosystems. As we move forward, Heal the Bay will continue to fight for healthy, safe, clean water for all. Keep following along to stay in the know and learn how you can help us support the next round of California environmental bills!
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Heal the Bay, Natural Resources Defense Council (NRDC), and Los Angeles Waterkeeper have worked together to develop a “Vision 2045” report with bolder goals and recommendations for the County’s Safe, Clean Water Program.
Ladera Park is one of many successful greening projects funded by the Safe, Clean Water Program, but Los Angeles needs more stormwater projects to prepare our region for its future water needs. (Photo by Heal the Bay)
In 2018, Los Angeles County residents passed a landmark funding measure (Measure W), which imposed a parcel tax on impervious surfaces to fund stormwater projects to increase local water supply, improve water quality, and provide community benefits through the Safe, Clean Water Program (SCWP). With an annual budget of approximately $280 million, the SCWP has the potential to transform how Los Angeles County manages stormwater, prioritizing climate resilience and community health and well-being.
The SCWP is currently undergoing its first official assessment through the County’s Biennial Review process, offering an opportunity to assess progress, reflect on the achievement of goals, set targets, and make recommendations. Numerous water quality deadlines have passed in an environment that is becoming hotter and less hospitable and frontline communities are bearing the brunt of those impacts. Therefore, despite numerous successes in its first four years, it has become evident that to meet future ambitions, a clear and realistic roadmap is required. It is now clear that the SCWP must be even bolder in its goals, targets, and timelines to accelerate the equitable transformation of LA County to greener, more local water self-sufficient and climate-prepared communities.
That is why Heal the Bay, along with our partners at Natural Resources Defense Council and LA Waterkeeper, representing three of the LA region’s leading water advocacy organizations, shared a new report with LA County decision-makers tasked with overseeing the ambitious SCWP.
Vision 2045: Thriving in a Hotter and Drier LA County through Local Stormwater Capture and Pollutant Reduction includes bolder goals, targets, and recommendations for the SCWP on water supply, water quality, equity, science, finance, and policy. The report is intended to catalyze County efforts to ensure the Safe, Clean Water Program reaches its goals more quickly and definitively. The timing of the release of this document corresponds with the December 7th meeting of the Regional Oversight Committee on the Biennial Review as well as this week’s LA County Board of Supervisors approval of the LA County Water Plan that builds on their goal of 80% local water supplies by 2045.
Make The Most of Every Drop of Rain
With climate change accelerating, one of the most cost-effective ways to ensure Angelenos will continue to have the water they need to thrive in the decades to come is to make the most of every drop of rain that falls. The groups that drafted this vision document note there is a real urgency to ensure the Safe, Clean Water Program is implemented in a way that is both effective and equitable. Among other goals, it calls for a target of an additional 300,000 acre-feet of stormwater to be captured and put to use every year by 2045. The document also calls on the county to aggressively reduce water pollution by complying with state deadlines, and ensure that at least 10% of projects in disadvantaged communities that are funded through the program are led by community-based organizations, to ensure robust community involvement.
Nature-Based Solutions
The vision document also proposes a target of replacing 12,000 acres of impermeable surfaces with new green space by 2045: a nature-based solution that provides recreation, open space, public health benefits, and more. It calls for all schools located within the boundaries of state-defined disadvantaged communities to become green schools by 2030, with all LA County schools meeting that target no later than 2045. Vision 2045 also sets a target of developing an outreach plan to actively engage local tribes in program implementation by the end of next year.
Yes, 2045 is more than twenty years in the future and unforeseeable changes are ahead economically, environmentally, and politically (for better or worse). Most policymakers and groups working on the program will have moved on and so the way to stay on target is to set realistic (but bold) milestones goals, targets, and timelines to stay on track and achieve safe, clean, water for all.
See our top-level goals, and additional recommendations in the full report.
Read the full Vision 2045 Report
READ THE VISION 2045 PRESS RELEASE
DOWNLOAD THE VISION 2045 REPORT
The LA Regional Water Board approved an agreement for one of the nation’s most polluted sites. Concerns about transparency, accountability, and loopholes in this agreement leave the public vulnerable to continued contamination from the Santa Susana Field Lab.
LATEST UPDATE OCTOBER 19, 2023
We called for accountability. The Regional Board listened.
In August 2022, The Los Angeles Regional Water Board approved an agreement with Boeing to eventually consider removal of water quality regulations at their highly contaminated Santa Susana Field Lab (SSFL) site, formerly known as Rocketdyne, located in the hills above Simi Valley. This would only happen after soil cleanup has been completed, and after they have proven that surface water runoff from the site is clean. That proof of whether runoff is clean, however, depends on how well it is regulated – we don’t know what we don’t check for. The Los Angeles Regional Water Board voted today on updated regulation of runoff from SSFL, keeping the most stringent water quality limits, adding even more monitoring, and addressing the potential for surface water pollution to contaminate local groundwater through stormwater holding ponds. In this action, the Board has ensured that, if and when they consider removing regulation at this site at some future time, we can be sure that it would not happen at the expense of public and environmental health. There will also be publicly accessible quarterly reports on Boeing’s soil cleanup efforts at the site moving forward, which will help to keep Boeing accountable. Thank you to the Regional Board for using your authority to ensure protections for these lands and water resources!
UPDATE AUGUST 11, 2022
THE REGIONAL WATER QUALITY CONTROL BOARD VOTED ON AUGUST 11 to approve an agreement concerning Boeing’s highly contaminated Santa Susana Field Lab, formerly known as Rocketdyne, located in the hills above Simi Valley. The agreement sets up a process by which Boeing will eventually be able to remove its water quality regulations after cleanup has been completed, and after they have proven that runoff from the site is clean. Heal the Bay attended the 10-hour-long August 11 hearing and, while we fully support cleanup, we voiced our concerns that this agreement would not adequately protect water quality or public health and asked for a postponement to make improvements to the plan. We also raised concerns with the process — the agreement was made behind closed doors, the public was not able to submit written comments, and the only opportunity to speak was at the hearing. Due to an overwhelming turnout from members of the public, input at the hearing had to be further reduced from the typical 3 minutes to 1 minute and cut off completely at 5pm.
Both Boeing and the Regional Board claimed that this agreement was necessary for Boeing to commit to the required cleanup work, and that a delay in approval of the agreement would only delay the cleanup efforts. Stakeholders were put in an unfair position, threatened with delayed cleanup if we did not support an agreement that we had remaining concerns about. However, the blame for delays should not be placed on stakeholders and community members; these concerns and objections are not what is slowing down the process — Boeing has yet to even start a cleanup that was supposed to be completed back in 2017. As community member Marie Mason mentioned to me at the hearing, “If Boeing wanted to do the right thing, they would have done it 20 years ago,” and could have avoided the impacts of pollution and contamination exposure during that time. Further, the cleanup plan itself also raised concerns (see more on this in the next section) and while the decision before the Board was not specifically on the cleanup plan, the cleanup and the agreement are inextricably linked, and approval of the agreement meant a de facto approval of the cleanup plan.
Despite the overwhelming call for either a no vote or a delay, the Board unanimously approved the agreement, with minor edits. Heal the Bay will remain engaged on this issue because the bottom line is that cleanup to a level that is fully protective of human and ecological health needs to happen as soon as possible.
The history of contamination at the Santa Susana Field Lab
Boeing, NASA, and the Department of Energy own the Santa Susana Field Lab (SSFL) site, where industrial activities were conducted from 1949 to 2006 to test rocket engines and nuclear reactors. This site contains high levels of contamination from these past activities, which have negatively affected the ecosystem, the groundwater, and the surface water that runs off the site, as well as the communities that rely on those water resources. Additionally, SSFL is located on top of a hill, which means that runoff from the site flows downhill into the community to the north in Simi Valley, feeds into the headwaters of the Arroyo Simi waterway, and feeds into theheadwaters of the Los Angeles River. Contamination from this site affects the entire LA Region, but the impacts are felt most severely in local communities.
In 2007, the California Department of Toxic Substances Control (DTSC) set requirements to fully clean up the contaminated soils at SSFL by 2017. But after decades of litigation and delays (led by Boeing), we are now five years after that deadline, and the cleanup has barely even begun. The longer we wait for Boeing to clean up their mess, the longer our ecosystems and communities are exposed to the contamination. In fact, the 2018 Woolsey fire remobilized existing contamination, leading to 57 distinct surface water violations in a single wet season. Had the cleanup been completed by 2017, as originally required, these violations would not have occurred. To add insult to injury, nearly all of Boeing’s fines associated with those violations were waived. Members of the community are the ones paying the price. According to a study by epidemiologist Hal Morgenstern of the University of Michigan, “the incidence rate [of cancer] was more than 60% greater among residents living within 2 miles of SSFL than among residents living more than 5 miles from SSFL.”
To avoid additional delays, CalEPA announced in May 2022 that a new cleanup settlement had been negotiated over the past several years between DTSC and Boeing, with an agreement that Boeing would not sue over this one. However, with no opportunity for public engagement, or even public comment, stakeholders have been left with so much uncertainty surrounding the new cleanup requirements. Community groups, non-governmental organizations, and even municipal legal consultants have reviewed the final cleanup agreement. These expert reviews have revealed a number of contamination limits altered in the latest version, and there is uncertainty on whether these changes are based on the best available science.
The agreement between Boeing and the Regional Board
The LA Regional Water Quality Control Board, which regulates only the surface water runoff at this site, drafted an agreement (also known as a Memorandum of Understanding or MOU) with Boeing to outline how Boeing can eventually remove its water quality regulations. The MOU requires Boeing to complete the soil cleanup as required by DTSC, and conduct modeling and monitoring to prove that surface water runoff is clean. The Regional Board believes that this MOU provides an extra safety measure, setting additional milestones to protect surface water quality, even if the cleanup agreement is flawed.
Although we agree with this in theory, the MOU can only offer this type of reinforcement for surface water quality protection if significant changes were made to the agreement language. Unfortunately, the Regional Board offered no opportunity for written comment on the MOU. Luckily, Heal the Bay was able to attend the hearing in person and provide our full statement in writing to the Board members, even if our verbal comments were cut short.
Heal the Bay’s Recommendations to improve the Santa Susana Field Lab MOU
- To address remaining concerns about the agreement, we asked the Regional Board to commit to providing a period for written public comments on the monitoring program to show whether surface water runoff is clean.
- We recommended that the MOU must ensure regulation of past industrial activity, not just of future construction activity.
- While the MOU had the potential to provide assurances for protection of surface water, the potential was not there for groundwater. We urged the Regional Board to reclaim regulatory authority of groundwater to ensure that the long-term quality of both surface water and groundwater at this site were sufficiently protective of human and ecological health.
- If buried contaminated soil is left behind under the DTSC cleanup requirements, an earthquake or another fire followed by flooding could re-mobilize buried contamination. We demanded that the MOU include a statement to ensure that the responsible parties would have to address any and all remaining contaminated soil so long as they pose a risk to human or ecological health.
“This MOU is an opportunity to provide a backstop to protect surface water quality even if there are flaws in the cleanup agreement. However, the MOU can only offer this type of reinforcement if some changes are made… To ensure that our concerns are addressed, we request that the Regional Board commit now, within the language of the MOU, to providing a period for written public comments on the monitoring program.”
– Elana Nager, Heal the Bay
Heal the Bay Policy Intern, Elana Nager, provides public testimony at the August 11, 2022 Hearing of the Los Angeles Regional Water Quality Control Board concerning the Santa Susana Field Lab Memorandum of Understanding.
In response to Heal the Bay’s comments, the Regional Board did commit to our recommendation #1, to provide a period for written public comments on the monitoring program — a program that will determine whether the cleanup was successful. We have remaining concerns about how rigorous that monitoring program will be, but by securing a public review we will at least get the chance to address those concerns later on.
Additionally, in response to pressure from Heal the Bay and a community-based coalition (including Parents against Santa Susana Field Lab, Physicians for Social Responsibility, Committee to Bridge the Gap, and Public Employees for Environmental Responsibility), the Regional Board took our recommendation #2 and removed one small word – “or” – from the agreement. This small change will require permit coverage for stormwater discharges associated with past industrial activity, and permit coverage for stormwater discharges associated with construction, as needed for any future cleanup activity. Originally, permit coverage could have only addressed construction activity, which would have been insufficient.
“We request that the ‘or’ in this statement be removed… Coverage must be specifically related to past industrial activity. One word makes a world of a difference.”
– Prince Takano, Heal the Bay
Heal the Bay Policy Intern, Prince Takano, provides public testimony at the August 11, 2022 Hearing of the Los Angeles Regional Water Quality Control Board concerning the Santa Susana Field Lab Memorandum of Understanding.
Although Board Member Christiansen attempted to include provisions for all of Heal the Bay’s recommendations, our two biggest concerns about re-mobilization of contaminated soil and pollution of groundwater were ultimately left unaddressed. In fact, when the Regional Board asked DTSC to address these concerns, DTSC Director Williams responded simply that groundwater will be monitored, and that the geology at this site is complicated. There was no additional discussion.
Even with the severely limited public process, significant remaining concerns, and the hundreds of voices asking for a either a no vote or a delay (including surprising testimony from former Regional Board Chair Lawrence Yee, who attended as a member of the public to ask the Board to reject the agreement), the Regional Board unanimously approved the MOU, with minor edits.
Where do we go from here?
The few small changes to the MOU do ensure a better public process moving forward, but do not ensure that this MOU will protect surface water quality or public health. However, we might have another chance to hold Boeing accountable for contaminated surface water runoff through their current water quality regulations (or discharge permit), which is up for renewal right now and will be upheld until cleanup is complete and they have proven that surface runoff is clean. There will be another Regional Board meeting later this year to discuss that permit. Heal the Bay will be there advocating for a strong permit that is protective of water quality not only in runoff from the site, but also runoff on the site, which can infiltrate into the ground and further contaminate the soils and groundwater. Stay tuned for more information about that meeting, and how you can join Heal the Bay to hold Boeing accountable.
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EDITOR NOTE: Since the publishing of this blog post, the Regional Board has reached out to Heal the Bay to clarify that the reduced speaking time offered during the hearing was a direct result of the unusually large turnout from members of the public. The article has been updated to acknowledge these conditions.
Written by Annelisa Moe. As a Heal the Bay Water Quality Scientist, Annelisa helps to keep L.A. water clean and safe by advocating for comprehensive and science-based water quality regulation and enforcement. Before joining the team at Heal the Bay, she worked with the Regional Water Quality Control Board in both the underground storage tank program and the surface water ambient monitoring program.
The Clean Water Act revolutionized water protection law and has resulted in multiple cleanup success stories. However, as of March 2022, the goals of the Clean Water Act are not being met, and there is still much work to be done to achieve fishable, swimmable, drinkable water across the US.
LIVING IN A WATER-SCARCE region like Southern California, I hear this a lot: Water is life! And more than that, the quality of water affects the quality of life for humans, the environment, ecosystems, and, of course, the waters themselves. The US federal government recognized this decades ago, and created the first major federal law in the US to address water pollution, called the 1948 Federal Water Pollution Control Act. However, this policy was ineffective owing to a lack of oversight and enforceability. Public pressure following a series of environmental plights (including the Cuyahoga River catching on fire) forced the US to reconsider its approach, leading to the 1972 Clean Water Act (CWA) Amendment. This amendment, among many upgrades, gave the EPA more regulatory control to enforce clean water requirements and achieve swimmable, fishable, drinkable water.
PHOTO: The Cuyahoga River on fire due to high amounts of flammable pollution in the water. Credit: Cleveland State University, Michael Schwartz Library, Special Collections
The CWA protects areas designated as Waters of the US (WOTUS) including streams, rivers, lakes, estuaries, and wetlands. Waters of the US are designated with various beneficial uses such as water supply, navigation, recreation, fishing, habitat, etc. In California, new designation categories are being added now for Tribal Cultural and Subsistence Fishing beneficial uses. The Los Angeles Regional Water Quality Control Board, which reports to the EPA, enforces the federal Clean Water Act locally by determining the Total Maximum Daily Load (TMDL) of pollution that a waterway can handle while still supporting its beneficial uses, and then regulating discharge to stay below that contamination limit. For more information on the structure of the CWA, check out Heal the Bay’s Clean Water Act Knowledge Drop.
Initially, the CWA aimed to achieve pollution-free waters by 1985. Unfortunately, that goal was not met. While this innovative water protection law has resulted in a number of water quality success stories, there is still much work to be done. In fact, as of March 2022, about half of US waterways remain impaired. According to a report from the Environmental Integrity Project, California unfortunately ranked first in the US for most river and stream miles listed as impaired for drinking water, and third for fish consumption.
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Maps of (a) California and (b) the Los Angeles Region, showing impaired waterways in dark green and unimpaired waterways in light green. Available at: California 2020-2022 Integrated Report
The Los Angeles Region alone has 210 total waterways listed as impaired by pollution in 2022, and since many of those waterways are impaired for more than one pollutant, there are a total of 877 listings in LA. Fifty-four of these listings are related to trash pollution, even though LA was one of the first regions to adopt “zero trash” regulations.
Santa Monica Bay is one of the waterways of LA listed as impaired by trash pollution and the Bay, along with the watersheds that drain into it and the beaches that line it, need care, protection, and advocacy. On Saturday, October 15, 2022, 366 Heal the Bay volunteers took to Will Rogers State Beach, just north of Santa Monica, for one of the biggest Nothin’ But Sand Beach cleanups of the year. In just under two hours, over 145lbs of trash were cataloged and removed from the shore. Thank you to all our volunteers who came out to help keep our precious coastline clean.
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PHOTO SET: Hundreds of volunteers support Heal the Bay’s October Nothin’ But Sand Beach Cleanup in honor of the Clean Water Act 50 Year Anniversary. A special thanks to our cleanup sponsors Subaru and Audacy. Photos by Bria Royal / Heal the Bay
PHOTO: Heal the Bay staff member, Forest Leigh, inspecting trash pollution after a first flush event. Photo by Katherine Pease / Heal the Bay
Despite the remaining pollution in our waters, the Supreme Court is considering changes to the definition of WOTUS, which could leave many waters unprotected under the CWA. But there are also many folks working hard towards swimmable, fishable, drinkable water for all. The EPA rereleased its 2022-2032 Vision for achieving CWA goals. The 2022-2023 Vision aims to maximize coordination through partnerships to plan and prioritize opportunities for holistic watershed protection, restoration, and data analysis; and it includes new focus areas for environmental justice, climate change, tribal water quality, and program development, as well as an increase to overall program capacity. Heal the Bay and other NGOs will continue to advocate for water quality projects and comprehensive and science-based water quality regulation under the CWA.
50 years after the Clean Water Act was established, California’s waterways still need the protection and attention of all those who can help. Discover all the ways you can make an impact. Register to attend Heal the Bay Volunteer Orientation and help us make strides for the next 50 years.
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Written by Annelisa Moe. As a Heal the Bay Water Quality Scientist, Annelisa helps to keep L.A. water clean and safe by advocating for comprehensive and science-based water quality regulation and enforcement. Before joining the team at Heal the Bay, she worked with the Regional Water Quality Control Board in both the underground storage tank program and the surface water ambient monitoring program.
It’s been a year since the Hyperion Water Reclamation Plant sewage spill. Where are we now?
LATEST UPDATE APRIL 6, 2023
Late last week, the Los Angeles Regional Water Quality Control Board announced a tentative fine of $21.7M to the City of LA for the July 2021 sewage spill at the Hyperion Treatment facility. The fine is based on five categories of violations, including 1) the discharge of 12.5 million gallons of raw sewage to the Santa Monica Bay, 2) failure to perform offshore sampling for 14 days, 3) failure to comply with permit requirements for odors for 80 days, 4) failure to comply with monitoring and permit reporting requirements for 108 days, and 5) violations of water quality limits for 217 days (38 serious and 22 non-serious violations). The City of LA has until tomorrow, April 7, to agree to this fine and waive a hearing on the matter or to request a postponement of the hearing to allow for further deliberations. Even if the City agrees, there will be a 30-day window for public comment. If the City does not agree to the settlement or ask for a postponement, there will be a hearing. While the maximum amount for the fine, based on the violations, could have been over $500B (yes, that’s billion!), $21.7M is actually the largest penalty the LA Regional Water Board has ever proposed for permit violations. We don’t yet know how or where the final fine amount will be allocated but we hope that a majority of it will go to Supplemental Environmental Projects (SEPs), which provide environmental and public health benefits to affected areas and communities. The good news is that LA Sanitation & Environment has taken several steps to ensure this doesn’t happen again, but there is still more to be done.Heal the Bay will continue to track this issue and provide updates as we get them as well as opportunities for the public to weigh in.
UPDATED JULY 11, 2022
ONE YEAR AGO TODAY, a catastrophic flood at the Hyperion Water Reclamation Plant (Hyperion) sent 13 million gallons of sewage into the Santa Monica Bay endangering the health and safety of Los Angeles County beachgoers and Hyperion workers. For several weeks after the spill, surrounding communities were blanketed in noxious fumes, and the Plant continued to discharge millions of gallons of undertreated wastewater into the ocean as repairs were made. Public notifications were alarmingly slow and reckless with L.A. County Department of Public Health (LACDPH) taking nearly 24 hours to close beaches and issue sewage spill advisories. This major breakdown in infrastructure and public notification is something we cannot afford to have happen again.
Here, we provide a short recap of the response to the spill as well as the most recent updates. For more information about the spill, check our original blog post.
The Response to the Spill
In the weeks after the spill, Heal the Bay supported motions put forth by the L.A. County Board of Supervisors and the L.A. City Council to investigate the cause of the spill as well as the public notification protocols used by government agencies. These motions resulted in the creation of two reports – one created by L.A. Sanitation (hereafter 30-day Report), and one created by an ad hoc committee (hereafter Ad Hoc Report) of experts that included Heal the Bay’s CEO at the time, Shelley Luce, as well as Heal the Bay’s current CEO, Tracy Quinn, who was with the Natural Resource Defense Council. Around this time, L.A. Sanitation launched a website providing information and data about the recovery status of Hyperion in a bid for transparency.
30-day Report
The 30-day Report was released several weeks after the spill, and offered much needed clarity on the events leading up to the spill and an assessment of the damage to Hyperion. This report also provided a minute-by-minute account of the day of the spill. While this report was valuable, it did not identify the cause of the spill as there was not enough time for a thorough investigation.
Ad Hoc Report
The Ad Hoc Report was released on February 11, 2022 and was more comprehensive than the 30-day Report. The Ad Hoc Report found that a series of missteps led to the sewage spill rather than a single sudden influx of debris that inundated Hyperion’s machinery, which was the original theory. The report recommended improvements and next steps for improving Hyperion’s operations including upgrades to the trash removal equipment; improved alarm functionality; and more staffing and training.
Enforcement
This event caused Hyperion to violate both water and air pollution regulations, which means they could be penalized by two government agencies: L.A. Regional Water Quality Control Board (LARWQCB) and the South Coast Air Quality Management (SCAQMD) district. Both agencies state that investigations are ongoing, but we do have some information:
- The SCAQMD has identified 39 separate air quality violations, but since their investigation is still in progress, there is no information about penalties at this point. The SCAQMD states that air pollutant levels no longer exceed state thresholds.
- The LARWQCB has not released information about violations publicly, but we do know that there were sewage discharge and water quality monitoring violations. According to the LARWQCB, Hyperion may be fined between up to a maximum of $10 per gallon of sewage spilled depending on how severe the LARWQCB deems the spill. Given that 13 million gallons were discharged into the ocean, potential penalties could be $130 million dollars – with additional monetary penalties for each day they were in violation (up to $10k per day). Unfortunately, the LARWQCB has a poor track record when it comes to enforcement. In 2015, when Hyperion discharged 30 million gallons of sewage into the Santa Monica Bay, they were fined a little over $2 million or 7 cents a gallon. That penalty is well below the $10 per gallon maximum the LARWQCB could enact.
Latest Updates
On June 29, 2022, L.A. Sanitation (LASAN) provided the public with updates on the status of the Plant’s operations:
Completed
- LASAN worked with LACDPH and other agencies to improve public notification protocols.
- Additional staff have been hired at Hyperion.
- Alarms are audible and more visible in the Headworks facility; emergency protocols have been updated; and staff have received additional training.
- Certain buildings were upgraded to make them less vulnerable to flooding.
- More effective air filters were installed to address fumes.
In Progress
- Pipes carrying wastewater to the Plant will be inspected and cleared of debris.
- The flood control mitigation feature in the Headworks facility will be automatic and will not rely on an employee to activate the feature in case of an emergency.
- All equipment in the Headworks facility will have the ability to be operated remotely in case conditions in the Headworks facility are too dangerous for workers.
- Electrical equipment will be updated and protected so it can withstand a flood.
- New covers will be installed on effluent storage tanks, which will help prevent noxious fumes from seeping into the surrounding neighborhoods. Sensors will also be installed around the facility’s perimeter to measure fume concentrations.
What Comes Next
We are glad to see that Hyperion has made so many upgrades to its infrastructure within one year of sustaining catastrophic damage. At face value, the updates to Hyperion’s operations, both completed and in progress, will prevent a similar disaster from happening in the future at the Plant. However, this will not be the end of major sewage spills in Los Angeles County. Until major infrastructure updates are implemented across the County, we can expect to see failures in our sewage system like the December 2021 spill in Carson. We urge decision makers to fund infrastructure updates to keep pollution out of our communities and ecosystems.
LASAN will also need to work on rebuilding public trust as Hyperion transitions to full wastewater recycling by 2035. This transition means that Hyperion will no longer discharge treated water to the ocean, but will instead recycle 100% of its water to provide for a reliable and local source of water in the face of ongoing drought and climate change impacts. Heal the Bay is a strong supporter of this effort to reduce our reliance on imported water as well as reduce impacts to the ocean – we will be tracking the issue closely to ensure that public health is prioritized along with sustainability.
L.A. Sanitation and LACDPH have stated that they are working together on updated protocols for public notifications in case of a sewage spill, but we have seen little documentation or evidence of this. We urge both agencies to provide us with more information on how they will communicate with each other and the public in case of a sewage spill.
Once LARWQCB and SCAQMD complete their investigations, they will levy a monetary penalty on Hyperion/L.A. Sanitation. Some of these funds could go towards Supplemental Environmental Projects (SEPs) – which are projects aimed at improving the environment. For example, approximately $1 million of the penalties resulting from the 2015 Hyperion spill went to environmental education programs including Heal the Bay’s and LASAN’s Don’t Flush That campaign. Another $1 million went towards cleanup and abatement costs of the spill. We urge LARWQCB and SCAQMD to enact fines that will adequately remediate the damage caused by this spill and also act as a deterrent for future environmental violations. Check out L.A. Waterkeeper’s blog for more information.
Heal the Bay will continue to monitor this issue and provide updates. We’d like to thank our local communities for diligently staying informed on this issue. Right after the spill happened, we received countless inquiries from members of the public, and in response we hosted a Live discussion on Instagram to answer your important questions. If you continue to have questions about the spill, please contact us.
Written by Luke Ginger. As a Heal the Bay Water Quality Scientist, Luke fights for the environment’s rights by advocating for water quality regulation and enforcement. He’s also looking out for the humans who go to the beaches, rivers, and streams by managing the Beach Report Card, River Report Card, and NowCast programs.
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