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Frills for Spills

Dischargers who spill negligently or accidently in the Estuary's surface or groundwaters can pay the price closer to home under the S.F. Regional Board's new Enforcement Guidelines. The Board now encourages these dischargers to carry out mitigation projects in the same watershed where the violation occurred. Dischargers may be able to direct up to 75 percent of the imposed administrative civil liability penalty to an acceptable mitigation project instead of paying that amount to the state's Clean-Up and Abatement Account. "The thrust is to educate the public, enhance waterways, deter future spills and mitigate the impacted area," says the Board's Hossain Kazemi. According to Kazemi, Tosco, recently fined for an oil spill, will mitigate by spending $9,000 on enhancing a section of the Walnut Creek channel and another $3,000 on a feasibility study for an environmental education center. Similarly, the Board has approved mitigation projects from other violators, including BART's program to teach passengers about stormdrain pollution and Pittsburg's plan for a wetlands preserve and self-guided nature trail. Kazemi hopes the Guidelines will lead non-profit organizations to approach violators directly with ideas for potential mitigation projects. Making sure that projects don't fall through the enforcement cracks is a priority, says the Board's Larry Kolb. If dischargers fail to complete their projects by a specified deadline, they must pay the full amount set aside for mitigation to the Board.

Contact: Hossain Kazemi (510)286-1043

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