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Orange County CoastKeeper is threatening to take legal action against

the California Department of Transportation claiming the agency leaves a

polluted mess behind at road construction sites.

When Garry Brown, CoastKeeper founder and director, read a report

prepared by a Caltrans consultant he was appalled.

The Caltrans annual Rainy Season Performance Report is designed to

make sure that all construction sites conform with the National Pollutant

Discharge Elimination System general permit, which limits the amount of

pollutants that can be released.

Inspectors found that during the wet season from Oct. 16, 2000 to

April 15, 2001, 33% of Caltrans Orange County construction projects

released far more pollutants than allowed under the permit, compared to a

statewide average of 6%. The second highest offender had only 14% of its

projects not in compliance.

When a site releases pollutants on this level it is considered a

critical deficiency and it requires immediate correction according to the

report.

Caltrans is still reviewing the study and refused to comment, said

spokeswoman Beth Beeman.

“This report shows Orange County is in far worse shape than other

Caltrans districts,” Brown said. “This has gone on long enough.”

Brown said he is ready to file a 60-day notice of intent to litigate

if Caltrans doesn’t begin correcting the deficiencies. “It could be

things like putting up silt fences to catch trash when the wind comes

up,” Brown said. “We’ve noted a big problem with construction sites in

the winter,” Brown said.

CoastKeepers has hired Richard Horner, an engineer and part-time

faculty member at the University of Washington, Seattle, as a consultant.

Horner hasn’t visited any sites in Orange County but said he is ready

to offer his advice if needed.

“Orange County has a large area of construction sites without any

means of capturing sediments for erosion control,” Horner said. “When

it’s raining nothing is being done to cover the soil and there might be

pollutants from waste products or fuels.”

The inspection program began in 1997.

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