Facts

Sixty-five thousand gallons of untreated wastewater were released into the Santa Monica Bay after a sewage spill at the South Bay Cities Main Pumping Plant occurred. Seeking imposition of civil liabilities under the Water Code, the Los Angeles Regional Water Quality Control Board filed an administrative enforcement action against The Sanitation Districts of Los Angeles County. For the administrative hearing, Santa Monica Baykeeper received party status.

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that all four safeguards designed to prevent such a spill failed. These included an electrical system, emergency backup system, an alarm system, and a separate system designed to measure the depth and pressure inside the pumping station. The defendant violated the Federal Clean Water Act, California Water Code Sections 13350, 13376 and 13385 and various permit orders by allowing sewage to spill and contaminate water resources.

DEFENDANT'S CONTENTIONS:
The defendant claimed that the telecommunications system that provided services to the plant failed, which prevented earlier identification of problems with its backup control systems. The defendant contended that the spill was an unforseeable event that was beyond its control. If it had not failed, the telecommunications system would have informed plant operators that there was a problem. The spill was compounded from this failure that resulted from the failure of the primary and backup pumps. The defendant claimed that immediately after the spill, it took extraordinary steps to clean up the wastewater, clean the affected areas and reduce environmental harm to the beaches. It also improved and upgraded its safeguard systems to ensure a more efficient response. The defendant claimed that the cause of the spill and its efforts to mitigate damages should result in a reduced fine.

Settlement Discussions

Prior to tiral, during discovery, a tentaive settlement was reached between Water Board staff, Santa Monica Baykeeper, and The Sanitation Districts. The Sanitation Districts agreed to pay about $2.5 million, broken down as $2.2 million for the Watershed Conservation Authority to develop an educational facility known as the San Gabriel River Discovery Center at Whittier Narrows; $125,000 in penalty assessments payable to the State Water Resources Control Board's Cleanup and Abatement Plan-Rendondo Beach Pier Pilot Project; and, $50,000 for Kids Lead LA-Watershed and Marine Education Outreach Program. In addition, The Sanitation Districts agreed to provide about $200,000 of in-kind services (i.e. help from agency engineers and water quality experts) toward the development of the model program described above.

Damages

The plaintiffs claimed the defendant should pay a $4.6 million administrative fine for the spill. According to plaintiffs the spill caused damage to the environment that resulted in contaminated sand, closure of the affected beaches, and damaged tourism.

Result

$2.5 million settlement was approved by an Order of the Regional Board. As part of the settlement, the sanitation districts were released from liability for 92 other sewage spills over the previous five years.