california water board heard arguments favoring water fines
california water board heard arguments favoring water fines

Mendocino County property owner fined $37,000 for sediment discharges in the Upper Main Eel River

Discharges of sediment-laden water into a tributary of the Upper Main Eel River has resulted in a $37,079 penalty being levied on the owners of a Mendocino County property. The North Coast Regional Water Quality Control Board assessed the penalty as a violation of the Clean Water Act.

The discharge was due to the failure of a 50,000-gallon fuel bladder being used for water storage — supposedly for fire protection.  Testimony offered at the enforcement hearing during the Regional Water Board’s December meeting found that the storage bladder was overfilled, causing it to burst. Though the Board noted that the bladder failure was not intentional, it was negligent.

Polly Franklin, trustee for the property trust, and her son, Daniel Franklin, were named in the violation order. Daniel Franklin was allegedly the person responsible for activities that occurred on the property resulting in the unauthorized discharge. The Board found that the discharge posed a significant threat of harm to beneficial uses.

A minimum of 50,000 gallons of water were discharged from the ruptured bladder. Water flowed over and through an adjacent earthen berm, and entered a small watercourse. The water traveled some 2,000 feet downstream, destroying riparian vegetation, stripping away instream soil, rocks and boulders, and eventually entering the Upper Main Eel River.

Increased turbidity was reported by California Department of Fish and Wildlife staff for at least a day-migration. Effects were observed in the Eel River more than three miles downstream at the junction with the Van Arsdale fish station.

An inspection of the site was done following the accident by the staff of the Regional Water Board, California Department of Fish and Wildlife, and the California Geologic Survey.  They documented damage in the watercourse from the point of discharge down to the Upper Main Eel River.

Water releases from ruptured storage bladders can cause significant erosion, instream damage and harm to aquatic species and habitat. Individuals selling or purchasing storage bladders and/or collapsible fabric tanks should make themselves familiar with the limitations and cautions associated with their specific bladders, and to take care in siting, installing, operating and maintaining storage bladders to minimize the potential for failure and abrupt release of water into nearby waterways.

The Regional Water Board staff cautions that storage bladders, including both new and military surplus, are widely available and often used for water storage. However, many bladders are not specifically designed to hold water, have a limited service life, and are susceptible to failure due to overfilling or puncture by external causes. Users of storage bladders are urged to use caution and frequently inspect these bladders.

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