Treated Waste Is Barred From Newport Bay

An Orange County Superior Court judge has told the Irvine Ranch Water District it cannot pump millions of gallons of highly treated waste into Upper Newport Bay.

Mark Wolfe, attorney for Defend the Bay, called the decision a significant step to restore water quality and recreational uses to Newport Bay.

“We have a patient with emphysema and gotten him to stop smoking, but we’ve got a lot of work to restore his health,” Wolfe said.

Judge Robert E. Thomas called “erroneous” the contention of the Regional Water Quality Control Board that the reclaimed water would benefit the bay.

The regional water board is considering what to do next and may appeal, said Joanne Schneider, the agency’s environmental program manager.

Ken Thompson, Irvine Ranch’s director of water quality, said in a news release that the district was “surprised and disappointed” at the decision and continued to believe the project was “environmentally sound.” He said the district board will review its options.

The ruling is the latest move in the four-year fight by Defend the Bay to prevent the water district from flushing waste into the bay. The district said the project would reduce the amount of nitrogen flowing into the bay from San Diego Creek, decrease by about 15 tons the pollution moving into the bay and enhance the quality of its water.

Critics contended the waste water would include dangerous levels of heavy metals, phosphorous and organic materials, encourage the growth of algae and disrupt the fragile ecology of the salt marsh, where at least two species of birds nest and where fish make their home.

Irvine Ranch’s plan called for as much as 5 million gallons daily of reclaimed sewage water to be sent through a system of duck ponds leading to San Diego Creek and Upper Newport Bay. During the summer, the district planned to send more than 3 million gallons of water daily through the ponds.

The environmentalists’ fight against the plan began almost as soon as it was proposed, with Defend the Bay taking the lead with a lawsuit.

In July 1996, the board allowed the water district, which promoted the project as a way to save customers money on their water bills, to discharge the highly treated sewage into the bay. After protests, Irvine Ranch agreed to sell most of the reclaimed water for irrigation of greenbelts and golf courses instead.

Earlier this year, Judge Thomas suspended the water control board’s permit, saying it had made procedural errors, and required it to hold another hearing to reconsider the issue. The board approved the plan to send the reclaimed sewage into the bay in April.

State law prohibits new discharges into an enclosed bay unless the process provides benefits to the waterway. Both sides brought in scientists to back up their positions.

“The question was, Does science show that’s the case? Clearly it wasn’t,” Wolfe said. “That’s what we have alleged all along. The discharge was actually going to make it worse.”

This marks Defend the Bay’s second victory in the battle over Newport Bay. A previous lawsuit forced the federal Environmental Protection Agency to establish standards limiting the amount of pollutants that could be pumped into the bay.

Newport Beach previously had reached an agreement with the Irvine water district that prevented any discharge into the bay until December, and only allowed it if certain weather conditions occurred. It also provided a framework for further negotiations.

Newport Beach Mayor Thomas C. Edwards said he was gratified by the Superior Court decision. “It’s a great victory,” he said.