Activists threaten to sue Irvine Co.

Alex Coolman

Newport Beach-based Orange County CoastKeeper has notified the Irvine

Co. that it intends to sue over what it calls environmental violations at

10 development projects in Orange County.

The environmental group said in a Sept. 29 letter that the developer

has demonstrated “a pattern of noncompliance with state and federal

requirements” and that it may file suit as soon as a 60-day waiting

period has elapsed.

Rich Elbaum, spokesman for the Irvine Co., said Thursday that he had

not yet had time to review CoastKeeper’s letter and could not comment on

it.

The letter, said CoastKeeper director Garry Brown, is an indication of

the group’s desire to see better management practices on the part of

storm water dischargers.

“We’re trying to be constructive,” he said. “This is an approach to

solve some problems.”

The language of the letter, however, is sharp.

Outlining five points that CoastKeeper considers to be violations of

the Clean Water Act and state water laws, the letter alleges that the

Irvine Co. has “fail[ed] to take seriously” the control of storm water

pollution discharges from its construction sites.

“Storm water pollution control measures [at the developer’s sites] ...

do not prevent pollution, do not protect water quality, and therefore

represent egregious ongoing violations” of applicable laws, the letter

states.

This is the second time this year that CoastKeeper has turned

litigious in its dealings with the Irvine Co. In May, the group filed a

lawsuit over discharges of water at Crystal Cove from the Irvine Co.’s

nearby 635-home development. However, Brown said CoastKeeper hopes to

resolve the issue outside of the courtroom.

The recent letter does not limit its charges to the Crystal Cove area,

but looks at 10 Irvine Co. construction sites throughout Orange County.

In each area, CoastKeeper contends, management practices have not

measured up to federal standards.

CoastKeeper’s letter comes at a touchy time in California

environmental politics. The state water board is in the process of

determining how environmental laws apply to the discharge of water at 34

“areas of special biological significance” -- one of which is Crystal

Cove.

Brown said that he did not think his group’s new actions would have

any effect on the state board’s deliberations because the Ocean Plan --

the legislation being considered by the state board -- is not cited by

CoastKeeper in its arguments.

“I think they’re pretty separate issues,” he said.