A potentially deep-rooted problem

Alex Coolman

CRYSTAL COVE -- It was a striking victory for environmentalists in the

ongoing battle to keep Crystal Cove clean, and it also could be the

beginning of trouble for Newport Beach.

For environmental watchdogs, such as Laura Davick of the Alliance to

Rescue Crystal Cove, the Santa Ana Regional Water Quality Control Board’s

decision Thursday that no runoff can legally be dumped at the state park

beach was a hard-fought triumph. It also was an encouraging sign of the

board’s willingness to tackle pollution problems.

But Thursday’s decision has the potential to affect more than just

Crystal Cove.

That’s because the rule that was used to ban runoff at Crystal Cove --

California’s 1972 Ocean Plan -- could also theoretically be applied to 33

other areas along the state coast. These areas, known as “areas of

special biological significance” because of their unique environmental

resources, are afforded a higher degree of protection than ordinary

beaches.

And one of these areas is in Newport Beach.

A SPECIAL PLACE

This Newport Beach area runs roughly from Cameo Shores to Little

Corona.

It’s an area that’s difficult for the public to reach because a wall

of expensive homes perched on the coastal cliff restricts most of the

obvious access routes. Only by hiking from the north or the south at low

tide can nonresidents enjoy the rocky, dramatic shoreline.

Like the controversial beach at Crystal Cove, Newport’s southern edge

is a spot where plenty of runoff gets discharged directly onto the sand.

Dave Kiff, Newport Beach’s deputy city manager, said there are roughly

five storm drains that drain straight to the coast along this stretch of

beach. And many of the pricey beach-side homes have landscaping

arrangements and roof gutters that also dump water on the shore.

The region is an enforcement action waiting to happen, Kiff said.

“I wouldn’t be at all surprised if the regional board says ‘OK, now

that we’re addressing the Irvine Coast area, we should look at this

Newport section,”’ he said.

What he’s less sure about is exactly how the city would respond if the

regional board decides to crack down.

“I’m not sure what we’ll do there,” he said.

A HANGING THREAT

It’s far from certain that the regional board will go ahead and start

tackling new areas now that it has dealt with Crystal Cove.

For one thing, said Mike Adackapara, division chief with the board,

it’s still possible a state-level decision could overturn Thursday’s

ruling.

“It is most likely that we will see if this order is appealed to the

state board,” he said. “If it is appealed, we might wait for the

decision.”

The Irvine Co., which was named by the board as a problem Crystal Cove

discharger along with the California Department of Transportation and the

California Department of Parks and Wildlife, said last week it will

probably not appeal the discharge ban.

But the state board may weigh in anyway, simply because the decision

on Crystal Cove might be the inspiration for future action elsewhere.

Robert Miller, a spokesman for the state board, said the board had not

yet determined if it would rule on the question.

“They’re probably looking at it, but they haven’t made a decision as

to whether or not they’re going to take it up,” he said.

In the absence of guidance from higher-ups, Adackapara said, it’s

certainly possible the regional board will take action to kill runoff at

other biologically significant areas.

A DRAINING PROBLEM

The regional board has focused on Crystal Cove precisely because the

construction there has yet to be completed, its officials say.

“It’s a lot easier to eliminate discharges and to deal with these

types of problems when a project is not yet built,” said Kurt Berchtold,

a spokesman for the regional board.

But for areas that are already built up, trying to eliminate runoff

after the fact could be challenging.

“Havoc” is the word Laguna Beach City Manager Ken Frank used to

describe the probable effects of trying to bring his city into compliance

with a no-discharge requirement.

That city, like Newport, has a row of homes abutting an area of

special biological significance -- the Heisler Park Ecological Preserve.

“All I know is that the water goes downhill, and it’s been going there

for 70 some-odd years,” Frank said. “Other than diverting it into the

sewer system, I have no clue what we would do” if such discharges were

banned.

Newport’s situation is not as dire because the sources of runoff are

more concentrated than those in Laguna.

But it could still be a formidable task to keep the water from running

to the ocean.

Kiff said Newport would try to comply if the regional board sends the

order.

“We would try to find a way to work to resolve the problem,” he said.

“Because I think the regional board has been a good partner with us on

many things. I would hate to have us start thumbing our nose at them.”

FYI BOX

AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE

These are some nearby examples of the 34 “areas of special biological

significance” that are protected under California’s Ocean Plan:

Catalina Island

There are four protected areas on Catalina Island

La Jolla

The La Jolla Ecological Reserve

Laguna Beach

Heisler Park Ecological Reserve

Newport Beach

Newport Beach Marine Life Refuge

Irvine Coast

Irvine Coast Marine Life Refuge. This area includes Crystal Cove.

SOURCE: State Water Resources Control Board