Apply for Exception to the California Ocean Plan

Prepare and Submit an Application Requesting an Exception for Discharge to an Area of Special Biological Significance (ASBS)

Justice & Associates was retained by Connolly Pacific Company Pebbly Beach Quarry and the Santa Catalina Island Company (SCICO) located on Catalina Island to prepare and submit a request for exception to discharge into an ASBS. The California Ocean Plan defines untreated storm water discharge as waste and prohibits discharge of waste into an ASBS. Storm water is discharged directly to the Santa Catalina Island – Sub-area Four of the ASBS from the Quarry property and into Sub-area I from SCICO property. Each of these entities received a letter from the State Water Resources Control Board (SWRCB) which required that they stop discharging storm water or get an exception from the California Ocean Plan (COP). Before granting an exception, the State Board is required to provide public notice and a hearing, comply with CEQA and make a finding that the exception will not compromise protection of ocean waters for beneficial uses and the public interest will be served.

These regulations are complex requiring comprehensive knowledge of California and Federal Statutes. In addition, the State Board had only enforced these requirements a single time in the recent past for discharge into Crystal Cove, California. There was very little precedent for preparing the application. Justice & Associates had to work closely with the SWRCB and maintained direct communication with Dominic Gregorio, the engineer with the State Board implementing these requirements. We attended workshops on the implementation of the requirements and worked with other dischargers. Justice & Associates was required to demonstrate that the storm water discharges would not compromise protection of beneficial uses and the public interest would be served. Information submitted included documentation on existing environmental conditions, analysis of potential impacts including data on discharge volume and quality, chemical analysis, toxicity and bacteria. An analysis of current treatment processes and an analysis of alternatives to the discharge and their impacts was prepared. All of the information was submitted to the State Board and then to EPA for concurrence. An approved exception grants permission to discharge for 3 to 5 years.

Connolly-Pacific Company 1925 Pier D Street Long Beach, CA 90802 Mike Ellis (562) 437-2831

Santa Catalina Island Company 150 Metropole Avenue Avalon, CA 90704 Oley Olsen (310) 510-2000

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