The Los Angeles Regional Water Quality Control Board staff has assessed a $471,190 fine against The Boeing Company for 79 violations of the California Water Code.
Between October 2004 and January 2006, Boeing released wastewater and storm water runoff with elevated levels of chromium, dioxin, lead, mercury and other pollutants into Bell Creek and the Los Angeles River from the Santa Susana Field Laboratory, a 2,800-acre site at the top of Woolsey Canyon in Simi Valley. Until the mid-1970s, it was used for the development and testing of nuclear reactors, rocket engines and chemical lasers.
“To protect human health and the environment and to facilitate the revitalization of these waterways, federal and state clean water laws must be carefully followed and rigorously enforced,” said Deborah Smith, interim executive officer of the board.
On July 1, 2004, the board set waste and storm water runoff limits and monitoring requirements for the Laboratory. The limits permitted the facility to release up to 272 million gallons per day of wastewater and storm water runoff, as long as it did not contain high levels of harmful contaminants. The monitoring required Boeing to conduct regular on-site testing of its runoff and submit test results to the Regional Water Board.
After review of monitoring reports, the Regional Water Board concluded that 79 violations occurred, resulting in runoff containing unacceptable levels of pollutants into Bell Creek. The contaminated runoff could degrade wildlife habitat, compromise groundwater recharge and make recreational waterways unsafe.
The California Water Code requires the Regional Water Board to levy fines for exceeding runoff limits and sets mandatory minimum penalties for violations. The Water Code also empowers the Regional Water Board to levy larger fines depending on the severity of the crimes. The mandatory minimum penalty for the 79 violations is $228,000. But, after reviewing the seriousness and number of violations, the Regional Board increased Boeing’s penalty to $471,190.
At this stage of the proceedings, the proposed fine is not final. The Boeing Company has 90 days to appeal violations and penalties. If such action is taken, the Regional Water Board members will review the case and vote to affirm, reject or modify the fine, or will refer the matter to the state attorney general for recovery of judicial civil liability in a greater amount.
Penalties for Water Code violations are deposited in the Cleanup and Abatement Account, managed by the State Water Resources Control Board. This account funds environmental cleanup activities throughout California.
The Boeing Company could request to allocate a maximum of $235,595 of its penalty to fund a Supplemental Environmental Program (SEP) in the local area. The Regional Water Board must approve a SEP prior to its funding.
The Los Angeles Regional Water Control Board is comprised of nine individuals appointed by the governor, and a small professional staff.
