Southern California Edison fined 3 million for Clean Water Act, Fish and Game Violations

A recent settlement agreement, along with a $3 million fine against public utility company Southern California Edison (SCE), has been reached by the utility with the Central Valley Regional Water Quality Control Board (CVRWQB), along with the California Department of Fish and Wildlife (CDFW), for SCE’s alleged violations of the Clean Water Act and the California Fish and Game Code. The alleged violations took place when Southern California Edison was performing work to install a geomembrane liner to the upstream side of Shaver Lake Dam in Fresno County.

Shaver Lake and the dam are part of Southern California Edison’s Big Creek hydroelectric system, including lakes, tunnels and hydroelectric plants to produce power and deliver water. The work was being done to prevent leaks within the dam and to shore up its structural integrity.

Part of the work required water to be completely drained from the base of the dam and sediment needed to be temporarily excavated. The alleged violations stem from the discharge of highly turbid, sediment-laden water resulting in thousands of fish being killed and irreparable impairment of downstream aquatic habitat.

High turbidity levels in waterways can be detrimental to aquatic life as excess levels of sediment can cloud water, blocking sunlight from entering bodies of water and making it difficult for fish and other aquatic lifeforms to survive.
Details of the project indicate that on Dec. 6, 2011, after Shaver Lake was dewatered to levels where work could be done to install the geomembrane membrane, turbidity levels – cloudiness in the water due to suspended sediment – above acceptable levels were reported downstream of the dam. On Dec. 7, 2011, CDFW staff reported seeing highly turbid water in Stevenson Creek, a downstream tributary of Shaver Lake, and alleged thousands of fish died because the high turbidity. Both Southern California Edison ad CDFW agreed that the fish kill was due to high turbidity and the release of sediment from behind the dam during the Shaver Lake drawdown to complete the dam work.

Pamela Creedon, executive officer for the Central Valley Water Board said, “Protecting the state’s waterways and the ecosystems that live in and around them is a high priority of the Central Valley Water Board. Which is why when incidents such as this take place, it’s necessary for the board to bring enforcement. This Administrative Civil Liability and settlement agreement will go toward making sure incidents such as these are stopped, and help clean up other waterways that may face environmental challenges.”

As part of the settlement, SCE has agreed to pay $2,077,053 to the Central Valley Water Board for the alleged Water Code violations, and $922,947 to CDFW to resolve alleged Fish and Game Code violations. Of the $2,077,053 paid to the Central Valley Water Board, $1,038,553 will be paid to the State Water Resources Control Board’s Cleanup and Abatement Account. The remaining amount will be split equally to fund a host of environmental projects implemented by the Rose Foundation and the National Fish and Wildlife Foundation benefitting communities in Kern, Madera, Fresno and Tulare counties. These environmental projects will address water quality issues and habitat restoration.