Potential for Harm for Discharge Violations. The “potential harm to beneficial uses” factor considers the harm to beneficial uses that may result from exposure to the pollutants in the discharge, while evaluating the nature, circumstances, extent, and gravity of the violation(s). A three-factor scoring system is used for each violation or group of violations: (1) the potential for harm to beneficial uses; (2) the degree of toxicity of the discharge; and (3) whether the discharge is susceptible to cleanup or abatement. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0) to major (5). For Violation No. 1, the potential harm to beneficial uses was determined to be minor (i.e., a score of 1). The designated beneficial uses of the Mojave River that could be impacted by the unauthorized discharge include municipal and domestic supply, agricultural supply, groundwater recharge, contact recreation (swimming, water skiing, wading, and fishing), non-contact recreation (picnicking, sunbathing, hiking, boating, kayaking, sightseeing, aesthetic enjoyment), warm and cold freshwater habitats, and wildlife habitat. Sludge supernatant is similar to raw sewage in that they both contain high concentrations of nutrients, organic matter, and total coliforms. Discharges can pollute surface or ground waters, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface waters. The discharge of 230 gallons of sludge supernatant on June 18, 2010, resulted in minor harm to the beneficial uses of the Mojave River. The Enforcement Policy defines minor as: The discharge occurred in a wetlands area located within the flood plain of the Mojave River. However, the active flow path of the river during the time of year the discharge occurred did not inundate the wetlands area. Therefore, the discharge did not enter the active river flow and did not impact any area (and associated beneficial use) downstream from the point of discharge. It is likely that the discharge resulted in no impacts to contact and non-contact recreation beneficial uses. The Lahontan Water Board is not aware of any complaints or other evidence of impact to such uses resulting from the spill. However, the sludge supernatant does contain high bacterial concentrations that could potentially impact area groundwater ▇▇▇▇▇ that are used for municipal supply. In fact, the bacterial impact within the discharge area persisted for several days. Although the potential for impacts to such beneficial uses exists, no impacts were observed due to the small size of the spill and due to the fact that the discharge did not enter the active flow path of the Mojave River at the time of discharge. Based on the circumstances described above, a score of 1 (one) is assigned to Factor 1 of the calculation methodology. Factor 2: The Physical, Chemical, Biological or Thermal Characteristics of the Discharge. A score between 0 and 4 is assigned based on a determination of the risk or threat of the discharged material. For Violation No. 1, a score of 3 was assigned. A score of 3 means that the chemical and/or physical characteristics of the discharged material poses an above-moderate risk or a direct threat to potential receptors (i.e., the chemical and/or physical characteristics of the discharged material exceeds known risk factors and/or there is substantial concern regarding receptor protection). The degree of toxicity of sludge supernatant (similar to raw sewage) cannot be accurately quantified. However, like raw sewage, sludge supernatant typically has elevated concentrations of biochemical oxygen demand (BOD), total suspended solids, high levels of viruses and bacteria, and toxic pollutants (such as heavy metals, pesticides, personal care products, and pharmaceuticals). These pollutants exert varying levels of impact on water quality and beneficial uses of receiving waters. High BOD reduces the amount of dissolved oxygen available fish habitat. Just one virus, bacterium or worm can reproduce to cause a serious infection, especially in individuals with impaired immune systems. These facts could suggest a significant risk for this factor.
Appears in 1 contract
Sources: Settlement Agreement
Potential for Harm for Discharge Violations. The “potential harm to beneficial uses” factor considers the harm to beneficial uses that may result from exposure to the pollutants in the illegal discharge, while evaluating the nature, circumstances, extent, and gravity of the violation(s). A three-factor scoring system is used for each violation or group of violations: (1) the potential for harm to beneficial uses; (2) the degree of toxicity of the discharge; and (3) whether the discharge is susceptible to cleanup or abatement. This factor evaluates direct or indirect harm or potential for harm from the violation. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is ranges from negligible (0) to major (5). For Violation No. 1, the potential harm to beneficial uses was determined to be minor (i.e., a score of 1). The designated beneficial uses of the Mojave River Rattlesnake Creek, Big Jackass Creek and Moccasin Creek that could be impacted by the unauthorized discharge include municipal and domestic supply, ; agricultural supply, groundwater recharge, ; power generation; water contact recreation (swimming, recreation; noncontact water skiing, wading, and fishing), non-contact recreation (picnicking, sunbathing, hiking, boating, kayaking, sightseeing, aesthetic enjoyment), recreation; warm and freshwater habitat; cold freshwater habitats, habitat; and wildlife habitat. Sludge supernatant is similar to raw sewage Warm and cold freshwater habitats were the beneficial uses most obviously affected by the discharge from Priest Reservoir. DGF staff reported muddy deposits in that they both contain high concentrations the impacted reaches of nutrientsthe creeks extending 5.3 miles from Priest Reservoir. In general, organic matter, the number of benthic individuals and total coliformstaxonomic diversity was significantly less in areas of the creeks affected by the discharge than observed in areas of the reference reaches not affected by the discharge. Discharges can pollute surface or ground waters, threaten public health, adversely affect aquatic life, Dead and impair the recreational use and aesthetic enjoyment of surface watersstranded fish were also observed below Priest Dam. The discharge occurred for five days during a period of 230 gallons low natural flow in the creeks, so dilution was not available to moderate the impact of sludge supernatant on June 18the discharge. According to the Discharger, 2010, resulted sediment-laden water was only discharged the last two days of the event. Preliminary results of the site inspection conducted in minor February 2012 indicate the impacts of the release were still apparent in the benthic community two months after the discharge. The observed harm to the beneficial uses of the Mojave River. The Enforcement Policy defines minor as: The discharge occurred in a wetlands area located within the flood plain of the Mojave River. However, the active flow path of the river during the time of year the discharge occurred did not inundate the wetlands area. Therefore, the discharge did not enter the active river flow was determined to be “Above Moderate” and did not impact any area (and associated beneficial use) downstream from the point of discharge. It is likely that the discharge resulted in no impacts to contact and non-contact recreation beneficial uses. The Lahontan Water Board is not aware of any complaints or other evidence of impact to such uses resulting from the spill. However, the sludge supernatant does contain high bacterial concentrations that could potentially impact area groundwater ▇▇▇▇▇ that are used for municipal supply. In fact, the bacterial impact within the discharge area persisted for several days. Although the potential for impacts to such beneficial uses exists, no impacts were observed due to the small size of the spill and due to the fact that the discharge did not enter the active flow path of the Mojave River at the time of discharge. Based on the circumstances described above, a score of 1 (one) is assigned to Factor 1 of the calculation methodology. Factor 2: The Physical, Chemical, Biological or Thermal Characteristics of the Discharge. A score between 0 and 4 is assigned based on a determination for this factor. Streams immediately downstream of the discharge point (i.e., Priest Reservoir Dam) were significantly affected by increased siltation and turbidity. The discharge from the Reservoir was acutely deleterious to aquatic life and may cause a chronic impact due to habitat degradation. The DFW report stated that the continual erosion of deposited of clays, sediments, and other deleterious materials discharging into Rattlesnake Creek, Big Jackass Creek and Moccasin Creek represent a direct threat to aquatic wildlife. The discharged material posed a significant risk or threat of the discharged material. For Violation No. 1, a score of 3 was assigned. A score of 3 means that the chemical and/or physical characteristics of the discharged material poses an above-moderate risk or a direct threat to potential receptors (i.e., the chemical and/or physical characteristics of the discharged material exceeds known far exceed risk factors and/or there is substantial concern regarding or receptor protectionharm in considered imminent). The degree A score of toxicity of sludge supernatant (similar to raw sewage) cannot be accurately quantified. However, like raw sewage, sludge supernatant typically has elevated concentrations of biochemical oxygen demand (BOD), total suspended solids, high levels of viruses and bacteria, and toxic pollutants (such as heavy metals, pesticides, personal care products, and pharmaceuticals). These pollutants exert varying levels of impact on water quality and beneficial uses of receiving waters. High BOD reduces the amount of dissolved oxygen available fish habitat. Just one virus, bacterium or worm can reproduce to cause a serious infection, especially in individuals with impaired immune systems. These facts could suggest a significant risk 4 was assigned for this factor.
Appears in 1 contract
Sources: Settlement Agreement