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Executive Summary

Environment California and CCAEJ respectfully request that the State Board Hearing Officer recommend that the State Board affirm an amended Cleanup and Abatement Order No. R8-2005-0053 as described in this policy brief.

By including the remediation requirements in the proposed Order, staff members of the Santa Ana Regional Water Quality Control Board make significant progress toward the ultimate remediation of perchlorate in the Rialto-Colton groundwater basin.  In affirming an amended Order, the State Water Board will assume a much-needed leadership role in addressing a pressing water quality problem in California.

The 'Community Groups' support many of the remediation provisions of Draft Order 2005-0053.  After nearly ten years after the first discovery of perchlorate contamination in the Rialto Colton sub-basin, we believe the Order takes the largest step to date toward cleanup and abatement of perchlorate contamination in the groundwater basin.

This said, in order to fully restore the waters of the sub-basin to health, maintain consistency with the 'State Water Resources Control Board Statement of Policy with Respect to Maintaining High Quality Waters in California,' and ultimately clean up and abate perchlorate contamination, the 'Community Groups' respectfully request a series of amendments and additions to Draft Order 2005-0053 that will:

1) Fulfull statutory intent to require dischargers to provide replacement water supplies for all wells impacted by contamination, not simply wells with perchlorate detection levels above the California Public Health Goal;

2) Explicitly mandate that cleanup will occur to a background level of water quality;

3) Outline a clear, automatic process for enforcement, should a failure to meet all cleanup requirements, including applicable deadlines, occur;

4) Require the deposit of funds reimbursed for past cleanup costs to impacted public water purveyors in a 'Community Perchlorate Reimbursement' account dedicated to reimbursement of residents.

As described below, we believe all elements of the 'Community Groups' request are fully supported by statute and State Water Resources Control Board and Regional Water Quality Control Board precedent.

Summary of Policy Arguments

1) It is in the public interest to issue a cleanup and abatement order that will ensure long term and immediate cleanup measures to restore the groundwater of the Rialto-Colton subbasin to health;

2) Statutory authority and regulatory precedent exist for key remediation requirements included in Draft Order 2005-0053;

3) The addition of provisions to Draft Order 2005-0053 that ensure cleanqup is required to background levels, the provision of replacement water for all impacted wells, the deposit of funds reimbursed to impacted public water supplies in an account dedicated to reimbursement of residents and strict enforcement provisions will significantly strengthen the proposed Order and ensure comprehensive cleanup and abatement of perchlorate discharge in the Rialto-Colton groundwater basin.