Actual Harm or Potential Harm to Beneficial Uses. 2 This factor considers the actual harm or potential harm to beneficial uses that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned. Discharges of untreated wastewater to surface water must typically be treated to a high standard to prevent adverse impacts to aquatic life. For this violation, there were 13 discharges of raw untreated wastewater, all of which may have contained pathogens, nitrogen, ammonia, metals, and biological oxygen demand. The SSOs entered the Rio Hondo, Xxxxxxxxx Channel, Alhambra Wash, San Xxxx Creek, Xxxxxxx Lake, Xxxxxx Seco Channel, Malaga Creek, and the Los Angeles River. The Basin Plan designates existing and potential beneficial uses for these water bodies which includes municipal and domestic supply; warm freshwater habitat; estuarine habitat; wildlife habitat; rare, threatened, or endangered species; migration of aquatic organisms; and spawning, reproduction, and/or early development. Most of the spills were less than 10,000 gallons. The spills were at various times of the year; in the winter the water bodies could have high flows, resulting in the potential for dilution, while in the summer or fall the water bodies could have low flows with less dilution available and therefore a higher potential impact. A “below moderate” potential for harm is defined as “observed or reasonably expected potential impacts, but based on the characteristics of the discharge and applicable beneficial uses, harm or potential harm to beneficial uses is measurable in the short term, but not appreciable.” Given the size of the SSOs, the impacts to beneficial uses were likely to attenuate without appreciable short term acute or chronic effects. Therefore, a score of 2, below moderate, is assigned for this factor.
Actual Harm or Potential Harm to Beneficial Uses. The Enforcement Policy specifies that a score between 0 and 5 be assigned based on a determination of whether direct or indirect harm, or potential for harm, from a violation is negligible (0) to major (5).
Actual Harm or Potential Harm to Beneficial Uses. Moderate (3) The evaluation of the actual or potential harm to beneficial uses considers the harm to beneficial uses in the affected receiving waterbody that may result from exposure to the pollutants or contaminants in the discharge. The score evaluates direct or indirect actual harm or potential for harm from the violation. The actual harm or potential harm to beneficial uses ranges between 0 and 5 based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0), minor (1), below moderate (2), moderate (3), above moderate (4), or major (5). On December 5, 2019, Regional Board staff observed sediment discharged onto Oakcrest Avenue. Storm drain inlets on Oakcrest Avenue and a stormwater drainage pipe on the Site lead to Ventura River Reach 4 through Skyline Drain. The beneficial uses of Ventura River Reach 4 (San Antonio Creek to Camino Cielo Road) include body and non-body contact recreation; municipal and domestic supply; industrial service supply; industrial process supply; agricultural supply; groundwater recharge; freshwater replenishment; warm freshwater habitat; cold freshwater habitat; wildlife habitat; migration of aquatic organisms; spawning, reproduction, and/or early development; preservation of rare, practices that achieve Best Available Technology Economically Achievable (BAT) for toxic and non- conventional pollutants and Best Conventional Pollutant Control Technology (BCT)for conventional pollutants (General Xxxxxx, V.A.2, Narrative Effluent Limitations). Additional measures to control discharges during construction are required at Risk Level 2 sites (General Permit, Attachment D). threatened, or endangered species (specifically for condor refuge); and wetland habitat. Discharges of sediment can cloud the receiving water, reduce the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas, and impede navigation. Sediment can also transport other materials such as nutrients, metals, and oil and grease which can negatively impact aquatic life and ecosystems. Thus, the discharge of sediment-laden water has the potential to substantially harm beneficial uses of Ventura River Reach 4 (San Antonio Creek to Camino Cielo Road) such as warm and cold freshwater habitat, wildlife habitat, migration of aquatic organisms, spawning, reproduction, and/or early development, and preservation of rare and endangered species. Because recreational beneficial uses of waterb...
Actual Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned in accordance with the statutory factors of the nature, circumstances, extent, and gravity of the violation, based on a determination of whether the harm or potential for harm is negligible (0), minor (1), below moderate (2), moderate (3), above moderate (4), or major (5). The Prosecution Team assigned a score of 2. The Enforcement Policy defines a score of 2 as a discharge with “less than moderate harm or potential harm to beneficial uses.” As such, a score of 2 could result in “harm or potential harm to beneficial uses [that are] measurable in the short term, but not appreciable. “ A score of 2 was selected because the impacts are below moderate in that the discharges are occurring during wet weather and the flow is likely not significant. This factor is also appropriate because, although the receiving water is repeatedly subject to disruption by solids, metals, TCDD, and bacteria, flows during wet weather tend to dilute the discharge. Deposition of solids can clog rivers and can adversely affect invertebrate life and fish egg survival. Additionally, toxic pollutants, such as metals and TCDD, have the potential to bioaccumulate in aquatic life, which poses both a risk to aquatic life and human health.
Actual Harm or Potential Harm to Beneficial Uses. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses ranges from negligible (0) to major (5). During the 2 February 2019 SSO, raw sewage was discharged to a stormwater conveyance which discharges to Cottonwood Creek, a Water of the United States. The designated beneficial uses of Cottonwood Creek that could be impacted by the unauthorized discharge are outlined in the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, Fifth Edition, May 2018 (Basin Plan) and include municipal and domestic supply, irrigation supply, stock watering, contact and non-contact recreation, warm and cold freshwater habitat, cold migration, warm and cold spawning, and wildlife habitat. Raw sewage contains pathogens, nitrogen, ammonia, and creates a biological oxygen demand. Raw sewage impacts cold and warm freshwater habitat and wildlife habitat because fish are highly sensitive to even small concentrations of ammonia. In addition, raw sewage impacts contact and non-contact recreation because it contains pathogens which adversely affect human health.
Actual Harm or Potential Harm to Beneficial Uses. This evaluation considers the actual or potential harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge, consistent with the statutory factors of the nature, circumstances, extent, and gravity of the violation(s). The Prosecution Team may consider actual harm or potential harm to human health, in addition to harm to beneficial uses. The score evaluates direct or indirect actual harm or potential for harm from the violation. Actual harm as used in this section means harm that is documented and/or observed. Potential harm should be evaluated in the context of the specific characteristics of the waste discharged and the specific beneficial uses of the impacted waters. The Enforcement Policy specifies a score ranging from 0 to 5 based on a determination of whether direct or indirect harm or potential for harm from a violation is negligible (0) to major (5).
