Clean Water Action sustainer news Vol. 16, No. 1 , summer 2006

Mercury in San Francisco Bay also In this issue: by Andria Ventura 2 lean Water Action is celebrating a reduction strategies for communities that oil and water don’t mix C major victory! On September 7, 2005, depend on Bay fish for basic sustenance. the State Water Quality Control Board We now need to focus on en- (SWQCB) took a bold step toward clean- suring the Regional Board 3 ing up mercury in the Bay by rejecting a Protect the San Mateo plan that would have allowed mercury adopts substantive changes to Coast: 1 Percent levels to remain toxic for 120 years. The their clean-up plan. Clean Wa- SWQCB sent the 120-year plan back to ter Action testified at two Regional Board Maximum Growth the Regional Board with many of the rec- hearings last November, reiterating specif- ommendations proposed by Clean Water ic measures that need to be included in the Action and its allies. plan. While the draft revision that has re- 4 We applaud the SWQCB for their ac- cently been made available for public com- Legislative Agenda tion. This is a major victory for our en- ment includes some positive changes, there for 2006 vironment and for impacted communities are still fundamental revisions necessary to throughout the Bay Area. Thousands of improve the Bay’s water quality and pro- you signed our petition and made this pos- tect local communities. 5 sible! Thank you! At the very least, the plan needs: Over the past two years, many of you Support Our Clean • Standards on how much mercury indi- have helped us advocate for specific actions vidual waste water treatment and indus- Water Act to prevent further mercury from entering the Bay and for the implementation of risk see page  6 Clean Water Action Vote Environment Endorses Kelly Hayes-Raitt

message from the california director

7 California Lawmakers Push for More Comprehensive Ocean Sanctuaries

8 Now Hiring! Jim M unnelly OUR WATER, OUR HEALTH, OUR FUTURE

Clean Water Action Oil and Water Don’t Mix sustainer news by Colin Platt Vol. 16, No. 1 summer 2006

Editor: Erich Pfuehler ince 1982, Congress has imposed a Managing Editor: Colin Platt S moratorium on new oil drilling leas- Editorial Advisors: Jennifer Clary, Heather es within the sensitive Outer Continen- Holden, Brett Richer, Andria Ventura tal Shelf (OCS)—including the Southwest Layout: designwrench.com Florida Gulf Coast, and the entire East Clean Water Action (CWA), founded in 1972, and West coasts of the U.S.—a moratori- is a national citizens’ organization working for um that was recently reinforced by a vote clean, safe and affordable water, prevention of health threatening pollution, creation of environ- of 217 to 203 in the U.S. House of Repre- mentally-safe jobs and businesses, and empower- sentatives on May 18, 2006. ment of people to make democracy work. CWA Rather than focusing on renewable en- organizes strong grassroots groups, coalitions ergy strategies, President Bush signed the and campaigns to elect environmental candidates, Energy Policy Act of 2005 which gives bil- and to protect our environment, health, economic well-being and community quality of life. lions of dollars in tax breaks, loan guaran- tees and other subsidies to encourage states California Office 111 New Montgomery Street, Suite 600 to increase oil and gas drilling. The legisla- San Francisco, CA 94105 tion also expands the federal government’s Phone: 415.369.9160 FAX: 415.369.9180 authority over liquefied natural gas (LNG) [email protected] terminals, overriding local or state oppo- www.cleanwateraction.org/ca sition. Additionally, if offshore areas are staff leased for natural gas exploration, there is California Director: Erich Pfuehler currently no legislation in place that would Canvass Supervisor: Todd Speight Phone Canvass Director: Mary Carbone prohibit oil extraction if it is discovered in treme dangers and consequences of off- Field Canvass Director: Lana Litvinchuk the same region. shore oil development, and concurs with Senior Program Associate: Jennifer Clary Thanks to our phone and field the vast majority of Californians that open- Program Manager: Andria Ventura Central Valley Outreach ing up our coast to development would do canvassers, most CWA mem- Coordinator: Brett Richer virtually nothing to reduce the cost of gas Assistant Phone Canvass bers in California know that at the pump. We will be fighting against Director: Bethani Cameron Mendocino and Long Beach any renewed efforts that threaten our sen- Phone Canvass Administrators: Nigel Dent, Jennifer Doob are major targets for oil and sitive coastal areas, and will count on our members’ continuing support on this is- Office Manager and Field Canvass natural gas development. Many Administrator: Heather Holden sue. Phone Canvass Managers: Richard Dunn, of you expressed strong support for the Melissa Foster, Jennifer Jordan, Steve Moss moratorium and opposition to the re- Colin Platt, Phone Canvasser, can be reached at Western Regional Director: Gary Steinberg quired “seismic inventories” using sonic [email protected]. Field Canvassers: Dolores Beliso, blasts that may adversely affect marine life Megan Chambers, Corinn Haskins, in sensitive OCS areas. Thank you! Lindsay Love, Alan Mazzucchelli Phone Canvassers: Joshua Chase, Arturo As New Orleans and other cities along Cosio, Pam Dodd, Evan Dombrowski, the Gulf Coast fight to recover from Hur- Crystal Eastman, James French, Michelle ricane Katrina and the hazardous condi- Patterson, Jessica Marshall, Colin Platt, tions she engendered, pro-drilling lobby- John Roguemore, Kelsey Schank ists have intensified their efforts to open Board of Directors sensitive areas along the OCS and with- Brent Baeslack, Pat Costner, William Fontenot, in the Arctic National Wildlife Refuge to Michael Gravitz, Maxine Lipeles, Peter Lockwood, Grant Merritt, Myrna Poticha, Bill oil and natural gas exploration. Thanks to Redding, Maurice Sampson, David Tykulsker, effective grassroots mobilization and a bi- Frances Spivy-Weber, David Zwick partisan effort, however, pro-drilling rid- 114 letters ers were eliminated from the highly con- tested federal budget bill in eleventh-hour The California Sustainer News is union negotiations. printed on 80% post-consumer recycled, Clean Water Action recognizes the ex- chlorine-free paper with soy-based ink

 clean water action • sustainer news • spring 2006 OUR WATER, OUR HEALTH, OUR FUTURE

Protect the San Mateo Coast: 1 Percent Maximum Growth by Erich Pfuehler and Brett Richer

he north San Mateo County Coastline is a national treasure. percent growth rate maximum. They have considered a 2 percent T Fortunately, previous generations protected it from overde- growth rate for the unincorporated areas of San Mateo County. velopment so we could inherit its beauty. Today, however, we have A 2 percent growth rate could cause the population of these ar- been pushing the current County Board of Supervisors to remain eas to double in 35 years, and would double the strain on our wa- faithful stewards of this treasure. Over 300 CWA members sent ter resources and marine environment. The 2 percent growth rate letters to the Supervisors expressing the need to protect our coast. disregards data and asks existing residents to foot the bill for new Thank you! sewers, roads and other infrastructure, which would directly sub- sidize these new proposed developments. Mid-coast roads drain The Board of Supervisors is considering chang- into the creeks and ocean, including the Fitzgerald Marine Re- es to the San Mateo County Local Coastal Pro- serve. Doubling the amount of pavement here will increase creek gram (LCP). The LCP is the set of laws that protects our and beach pollution levels—possibly resulting in more beach clo- coastline from overdevelopment, ensures access to the coast for sures, damage to ocean habitat and negative impacts on the fish- recreation and preserves the character of our coastal neighbor- ing industry. Any infrastructure plan needs to have an honest as- sessment about the area’s carrying capacity—especially for water. hoods, while permitting a modest and sustainable level of growth Clean Water Action does not support the expansion of water for economic development. Clean Water Action is particularly infrastructure projects that promote sprawl and development so concerned that unchecked development with increased amounts near to California’s coastline. We believe that the maximum 1 per- of pavement along our coast will have devastating impacts on our cent growth recommendation is the best option for preserving the marine environment. character of our coastal neighborhoods and protecting our irre- The County Planning Commission recommended to the Su- placeable natural resources, while allowing for sustainable growth pervisors a series of LCP amendments which would strengthen and business development. protections against unsustainable new development, close loop- The Board of Supervisors will hold another hearing in July be- holes in the existing document and ensure a 1 percent maximum fore making recommendations to the California Coastal Commis- growth rate. Their recommendations would also bring the LCP sion. into better compliance with California’s 1976 Coastal Act. In the past few months, County Supervisors appear to be influenced by Erich Pfuehler, California Director, and Brett Richer, Central Valley special interest developers and are reneging on their original 1 Outreach Coordinator, can be reached at [email protected].

277 letters

clean water action • sustainer news • spring 2006  OUR WATER, OUR HEALTH, OUR FUTURE

Legislative Agenda for 2006 by Jennifer Clary

Dental amalgam separators ly dismissed by legislators, environmental In the , the most common and environmental justice organizations. form of dental filling is silver amalgam. When negotiations on the Governor’s This amalgam is actually 50 percent mer- package failed in March, legislative leaders cury, which, converted to its methylat- of both parties, led primarily by State Sen- ed form in nature, is one of the most haz- ate President Pro Tem Don Perata, devel- ardous contaminants in our water system. oped a compromise bond package, which Dentist office disposal of these amalgams is was approved by both houses and signed by the single largest source of mercury enter- the Governor in early May. ing our sewage treatment plants, compris- Unfortunately, no compromise was ing about 40 percent of the total mercury reached by the Legislature on drinking wa- load. Fortunately, there is an effective and ter infrastructure or habitat needs. While affordable solution. For less than $1000, the approved a $37.3 billion infrastructure amalgam separators can remove 95 percent package does contain a little over $4 bil- of the mercury at the dentist’s office before lion for levee maintenance and repair, it in- it enters the waste stream. While some lo- cludes no funding to meet current or fu- cal communities already require these sep- ture drinking water, open space or habitat arators (San Francisco and Palo Alto are needs. In a state with a growing population two examples, and East Bay MUD is short- and facing the increasing uncertainty of cli- ly to follow), attempts to create a statewide mate change, this is a serious oversight. program to protect all communities have Fortunately, water agencies and envi- met with strong opposition from the Cal- ronmental organizations, anticipating in- ifornia Dental Association. action by the Legislature, began prepar- ing a water bond proposal in 2005. A pe- L atino I ssues Forum (2) Clean Water Action, backed by a grow- Water vending machines in poor repair. ing number of allies including the Sier- tition was prepared and circulated to place a $5.4 billion water bond independently on ra Club, is pushing the State Legislature these machines to ensure that consumers the November ballot. This bond includes to enact a strong law to protect Califor- receive pure, clean and safe drinking water. funds for drinking water infrastructure nians from this easily preventable source of Our bill, AB 2644, was introduced by As- and habitat restoration, as well as planning mercury contamination. Assembly mem- sembly Member Cindy Montanez in Feb- for current and future water needs. Signa- ber Lori Saldana (San Diego) introduced ruary, and we will be working with her to tures have been submitted to the Secretary a bill last year, AB 966, to require the use get it to the Governor’s desk. of amalgam separators statewide. Unfortu- of State for approval. Unfortunately, since nately, that requirement was removed from this bill did not go through the same pro- Jennifer Clary, Senior Program Associate, can the bill on the Assembly Floor. Clean Wa- cess as the other bond measures, its passage be reached at [email protected]. ter Action and its allies will continue to may be a greater challenge. push for a statewide mandate for amalgam separators, through this bill or other vehi- Enforcement of Vended cles in the State Legislature. Water Protections A growing number of Californians de- Bonds for water pend upon vended water for drinking wa- infrastructure ter, even though the cost exceeds 100 times In January, Governor Schwarzenegger un- that of tap water. Disturbingly, the 7,000 veiled a $68 billion bond proposal, which plus vending machines serving hundreds he touted as a plan to repair the state’s ag- of thousands of Californians receive lit- ing infrastructure. This proposal included tle oversight. In fact, these machines are $9 billion for water infrastructure, which inspected only when the Department was to be augmented by a water user tax of Health Services receives a complaint. 586 letters to finance additional projects. Neither the Clean Water Action and Latino Issues Fo- bond nor the tax addressed critical drinking rum are working with Sacramento legisla- water and habitat needs, and were general- tors to create enforcement guidelines for

 clean water action • sustainer news • spring 2006 OUR WATER, OUR HEALTH, OUR FUTURE

Support Our Clean Water Act The Threat The Solution Special interest polluters are pushing the newly formed Supreme A strong, clear message needs to be sent to our elected officials— Court to narrow the Clean Water Act’s protections to “tradition- our rivers, streams and wetlands are critical for safe drinking wa- ally navigable” waters. If the Supreme Court overturns two ap- ter. Our health and the health of future generations depend on a peals court decisions, the Clean Water Act would no longer pro- strong Clean Water Act. tect the streams, tributaries and wetlands that are integrated and That is why Clean Water Action is supporting legislation in integral parts of our waterways. Water does not flow only in “navi- Congress—the Clean Water Authority Restoration Act (H.R. gable” ways, and it would be irresponsible to forget that we all live 1356 and S. 912)—which will re-enforce the original intent of the downstream. Clean Water Act and protect all U.S. waterways, including wet- The surface waters that provide drinking water for more than lands. 110 million Americans, nearly 60 percent of U.S. streams and more than 20 million acres of wetlands in the lower 48 states could This bill simply and specifically confirms that be excluded from Clean Water Act protections if the special inter- the intent and subsequent interpretation of the est polluters prevail. Undermining the protections for upstream waters and wetlands will turn back the clock on a generation of original 1972 Clean Water Act is codified by success in cleaning up our nation’s water and render the goals of clearly defining “waters of the United States” the Clean Water Act unobtainable. as all waterways. The bill also addresses protections for These changes to the Clean Water Act could allow pollution certain so-called isolated streams and wetlands in the wake of the dumping, filling and dredging in up to 20 million acres of wet- Supreme Court’s 2001 decision in Solid Waste Agency of North- lands. California has lost approximately 90 percent of its original ern Cook County v. Army Corps of Engineers, which will help wetlands, more than any other state. ward off any future legal challenges to the scope of the Act. U.S. Senator and many of California’s U.S. Rep- The mouth of the Russian River, Jenner, California. resentatives have already cosponsored the Clean Water Authori- ty Restoration Act. Most Californians understand that protection of our waterways benefits everyone in our state, especially future generations. To date, however, U.S. Senator has not yet signed on with her colleagues.

Take Action! Please write to U.S. Senator Dianne Feinstein and ask her to sup- port the Clean Water Authority Restoration Act, S. 912. The Honorable Dianne Feinstein U.S. Senate Washington, D.C. 20515

Sample Letter Dear Senator Feinstein,

As a leader in environmental and health issues, you understand that removing protections of the Clean Water Act will contami- nate our drinking water, worsen floods, and endanger wildlife and public health. The Clean Water Act was written to protect ALL waters of the U.S. We need to better enforce the Act, not limit the scope of its protection. As a concerned resident of California, I am asking you to cosponsor the Clean Water Authority Restoration Act (S. 912). Thank You.

Sincerely, Your Name Your Address www.to dd stan d is h .com clean water action • sustainer news • spring 2006  OUR WATER, OUR HEALTH, OUR FUTURE

Message from Clean Water Action the California Vote Environment Director Endorses Kelly Hayes-Raitt he first year on the job has by Erich Pfuehler T been an exciting and enlight- ening experience. The program alifornia Clean Water Action’s Vote and canvass teams in our San C Environment Committee has en- Francisco office work extremely dorsed Kelly Hayes-Raitt as the best choice hard with infectious enthusiasm. in the June 6 primary to replace Fran Pav- As we head into this election ley in California’s 41st Assembly District season, we will be keeping you (Santa Monica area). informed about our work in some “Our Vote Environment Committee un- exciting races—including a few of derstands just how important it is to elect a national significance. leader when we see one. We are proud to We are also seeking to expand lead the way in endorsing Kelly for Assem- our Rural Water Collaborative bly,” said Erich Pfuehler, California Direc- work in the Central Valley. tor for Clean Water Action. “Kelly won’t just be a good vote on our issues, she will We have embarked on an excit- lead the fight to protect our environment, ing new “Sustainable Jobs through preserve our coastline and fresh drinking Green Chemistry” project, which water. We know protecting our environ- California 41st Assembly District candidate will put us at the forefront of chem- ment is more than just an issue for Kelly— Kelly Hayes-Raitt. ical policy reform. it is a deeply held part of her life. Back in more information, visit www.KellyForAs- the early 1980s, Kelly spearheaded the cit- I look forward to working with sembly.com. izen outreach campaigns in San Francisco all of you as we continue our cam- Clean Water Action Vote Environment and Los Angeles for the California League paigns in 2006. Without you, supports candidates which work for clean, of Conservation Voters. She helped found none of our victories are possible. safe and affordable water, for the preven- Heal the Bay, galvanized the community to Thank you for your continued sup- tion of health-threatening pollution, for preserve the Ballona Wetlands and fought port! the creation of environmentally safe jobs offshore oil drilling while working with Lt. – Erich Pfuehler and businesses, and for the empowerment Gov. Leo McCarthy. She was also a pret- of people to make democracy work. ty darn good Clean Water Action canvass- er back in the day.” Erich Pfuehler, California Director, can be “Our coast is under renewed reached at [email protected]. threat from zealous overdevel- opment, offshore liquid nat- Other Democratic ural gas processing, and the Primary endorsements: Bush-Schwarzenegger Admin- Governor: Phil Angelides istrations who want to weaken Lt. Governor: and Liz Figueroa environmental protection laws Congressional District 6: we fought for years ago,” said Lynn Woolsey State Senate District 8: Kelly Hayes-Raitt. “In Sacramen- Leland Yee to, I will fight to preserve our coastline and Assembly District 6: Jared Huffman safe drinking water. And I will take on the Assembly District 11: record-gouging profiteers in the oil and Mark DeSaulnier gas industry. We need to fight for renew- Assembly District 28: Ana able energy, not renewing our fight against Ventura Phares offshore oil drilling or processing.” For Oakland Mayoral: Nancy Nadel

 clean water action • sustainer news • spring 2006 OUR WATER, OUR HEALTH, OUR FUTURE

California Lawmakers Push for More Comprehensive Ocean Sanctuaries by Colin Platt

he North Coast of California is home to one of the most T biologically diverse marine environments in the world— exceeding the biological productivity of tropical rain for- ests. Three million people visit the Sonoma County coast ev- ery year to enjoy the natural beauty and catch a glimpse of the nesting seabirds, elephant seals, seasonally migrato- ry marine mammals and other protected species that inhab- it the region. Clean Water Action supports legislation that would strengthen protections for our precious marine environment, as well as supporting the tourist and fisheries economy along the Marin and Sonoma coasts. H.R. 1712, authored by U.S. Rep- resentative Lynn Woolsey (District 6–CA), is currently pend- ing in the House Committee on Resources chaired by Rep. Richard Pombo (District 11–CA). This legislation, also sup- ported by the Farallones Marine Sanctuary Association, would block any attempts to conduct seismic surveys or drill for oil in this important area. Rep. Woolsey’s bill, along with a parallel measure S. 880 sponsored by U.S. Senator Barba- ra Boxer, would add 1,094 square nautical miles to Califor- nia’s sanctuary network, which also includes the Channel Is- lands and Monterey Bay national marine sanctuaries. Clean Water Action continues to encourage our members to thank Rep. Woolsey and Senator Boxer for taking this pro- active step to protect our coastline.

Colin Platt, Phone Canvasser, can be reached at cwasf@cleanwater. org. courtesy Farallones M arine S anctuary A ssociation (2) Senator Boxer and Rep. Woolsey announce their marine sanctuary legislation.

158 letters (so far) Clean Water Fund is an Earth Share of California member. To support Clean Water Fund via payroll deductions, contact Earth Share of California at 800.368.1819 or www.earthshareca.org.

clean water action • sustainer news • spring 2006  OUR WATER, OUR HEALTH, OUR FUTURE

Now Hiring!

e are hiring articulate and motivated activists to build grassroots support W throughout the Bay Area. Community involvement = strength in numbers. We win over 90 percent of our campaigns here in California and across the country. We cannot afford to be silent while our health, environment and future are traded away for short-term corporate profit. We will train you to become a grassroots or- ganizer for the summer or as a career. Flexible part time or full time weekday shifts are available. Call Heather Holden at [email protected] or 415-369-9160 ext. 301.

san francisco bay, from page  Please be aware that fish consumption ad- visories still remain in effect for San Fran- trial facilities can discharge should be en- cisco Bay and other water bodies. For in- forced. stance, pregnant women and young chil- • A plan to develop meaningful risk reduc- tion strategies (beyond current fish advi- dren should limit their intake of Bay fish to sories). one meal per month. • Actions to identify and prioritize the For more details about the advisories, impacts from mines, most of which are please visit www.oehha.org/fish/so-cal and no longer in use but continue to release click on the waterbody in which you are in- 2,400 signatures mercury into our waters. terested. • The requirement that refineries account for all of the mercury leaving their Andria Ventura, CWA California Program facilities in order to prevent further Manager, can be reached at aventura@clean- pollution. water.org.

We Value Our Volunteers. Please Consider Donating Your Time To Clean Water Action. For More Information, Contact Volunteer Coordinator Heather Holden at [email protected] or 415-369-9160.

Clean Water Action 111 New Montgomery Street, Suite 600 San Francisco, CA 94105

 clean water action • sustainer news • spring 2006