SB 673 would require the Coastal Commission, in cooperation with the State Water Resources Control Board (SWRCB), to establish a contaminated sediments program and to prepare a long-term management plan for the dredging and disposal of contaminated sediments in coastal waters, and would appropriate, from the General Fund, $100,000 to the Commission and $100,000 to the SWRCB, for each of 5 fiscal years, commencing in 1997-98, for the preparation of the plan.
History and Sponsorship: This bill is sponsored by the author.
Existing Law: Coastal Act Section 30233 allows the “dredging of open coastal waters...were there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects” limited to, among other things, new or expanded port facilities and “maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.” (Public Resources Code Section 20233).
The Coastal Commission is the designated State coastal management agency for the purpose of administering the federal Coastal Zone Management Act in California. The federal Act gives the Commission consistency review authority over federally funded projects including dredging and disposal projects.
The Army Corps of Engineers is responsible for regulating the discharge of dredged and/or fill materials into waters of the United States” pursuant to Section 404 of the Clean Water Act.
The Environmental Protection Agency is responsible for regulating the disposal of dredged sediments within ocean waters pursuant to Section 103 of the Marine Protection, Research, and Sanctuary Act.
The State Water Resources Control Board is responsible for regulating waste discharge into the waters of the State.
This Bill: SB 673 would require the Coastal Commission, in cooperation with the State Water Resources Control Board, the United States Environmental Protection Agency, and the United States Army Corps of Engineers, to prepare a long-term management plan for the dredging and disposal of contaminated sediments in California's coastal waters. The plan shall include identifiable goals and standards for the purpose of minimizing impacts to water quality, fish, and wildlife and recommendations with regard to alternatives to the dredging and disposal of contaminated sediments.
This bill is expected to be amended to make the study pertain only to the waters of the Los Angeles basin area.
Discussion: There are currently a variety of options available for the disposal of “clean” sediments that are generated from the Los Angeles basin dredging projects. The options include ocean disposal at the LA-2 dredged material disposal site, or beneficial reuse in a variety of shoreline projects such as beach nourishment or as fill in shoreline construction projects.
There is, however, a lack of multi-user disposal sites for dredged material that is unsuitable for unrestricted disposal or reuse. Currently, individual project sponsors must find an appropriate disposal option for contaminated dredged sediments, defined as sediments below hazardous waste levels, but unsuitable for unconfined open water disposal. The current practice of addressing contaminated sediments in a piecemeal approach results in increased costs for the disposal, increased time to obtain permits, lost opportunities for dredged material reuse, and the spreading of impacts and risks instead of centralizing the impacts and risks in one disposal site. The US EPA estimates that, based on previous experience and discussions with key applicants, of the predicted 10 million cubic yards of dredging to occur in the near future, there will be a need for disposal of 0.5 to 2.5 million cubic yards of material unsuitable for ocean disposal or beach nourishment.
The Commission is currently participating as a member in the Los Angeles Basin Regional Contaminated Sediment Task Force, which includes the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, The Los Angles Regional Water Quality Control Board, The County of Los Angeles, The City of Long Beach, and the City of Los Angeles. Funding is limited, however, and the task force will not be fully operational or effective until additional funding is secured. With the five-year appropriation schedule provided by SB 673, this existing task force would provide the framework for the immediate implementation of provisions of this bill.
This bill would provide $100,000 to the Coastal Commission each year beginning in FY 98-99 through FY 2001-2002 for the costs associated with the Commission’s participation in the formulation of the management plan.
Staff recommends that the Commission SUPPORT SB 673. (Adopted 4/10/97)
For more information contact Jeff Stump, Legislative Coordinator, at (916) 445-6067.
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