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Unpermitted dredge and fill operations in the San Gabriel River at Follows Camp, a former campsite and RV park, by the City of Industry in May 2012 has resulted in a $5 million settlement between the city and Los Angeles Regional Water Quality Control Board (Regional Water Board). The city purchased Follows Camp five years ago. This section of the San Gabriel River is located within the San Gabriel Mountains National Monument, as designated by President Barack Obama in October 2014.
The initial Administrative Civil Liability Complaint alleged that the city violated sections of the Clean Water Act and Water Code by grading in the Eastern Fork of the San Gabriel River and discharging dredge and fill material without a permit. The unpermitted grading of 2.38 acres of river bed resulted in the discharge of roughly 880,607 gallons of river cobbles and sediment into the San Gabriel River. Staff with the Department of Fish and Wildlife and Regional Water Board allegedly observed evidence of grading on both the banks and bed of the East Fork of the San Gabriel River near the Railroad Car Bridge and nearby Arizona crossing in Follows Camp.
The San Gabriel River is designated as a critical habitat for the federally-threatened Santa Ana sucker fish. Mid-March to early June is when spawning typically occurs in shallow, coarse-bedded areas of streams and rivers, also known as riffles. The City of Industry’s alleged unauthorized dredge and fill activities took place during the typical spawning period for the Santa Ana sucker.
Grading a riverbed flattens the riffles and removes a combination of gravel and rubble boulders used by the fish as part of its spawning habitat. Sediment discharges can cloud the receiving water, clog fish gills, impede navigation and smother aquatic habitat and spawning areas.
“Unpermitted grading in critical habitats, such as the ones found in the East Fork of the San Gabriel River, can be disastrous to the fish and wildlife in the area and is unacceptable,” said Regional Water Board Chair Irma Muñoz. “Because of the nature of these violations, it was important for the Board to approve an appropriate enforcement action that addressed the serious nature of these allegations so that they will not happen again in the future.”
The alleged unpermitted activities by the City of Industry occurred for a period of five days from May 7 to 11, 2012. The complaint was originally issued to the City of Industry on Oct. 27, 2015 for $5,758,791.
As part of the $5 million settlement, the City of Industry is obligated to pay $2,500,000 to the State Water Pollution Cleanup and Abatement Account. If the city completes a stormwater quality improvement Enhanced Compliance Action, the remaining $2,500,000 will be suspended. The proposed compliance action will collect runoff through a storm drain system and deliver it to a stormwater treatment facility for later reuse as reclaimed water.
