Oceans & Water

Water is life. Water resources should be used reasonably, beneficially, and sustainably. Aquatic ecosystems are precious and increasingly threatened.

Our water campaigns and lawsuits ensure that clean water rules are enforced for the benefit of humans and wildlife alike.

We are fighting to stop water pollution at the source. Sewage pollution is a blight that continues to impact cities, waterways, and coastal areas. Stormwater “non-point source” pollution, which results from chemicals and other pollutants running off the landscape into waterways during and after rain storms, causes significant harm to rivers and streams and the larger water bodies that they drain into. 

Industrial “point source” pollution loaded with heavy metals and other carcinogens and discharged directly into our rivers, streams, and coastal waters infuses our waters with a toxic slurry of pollution that can persist, accumulate, and magnify in the food web for decades or longer.

Our Children’s Earth Foundation will remain vigilant in protecting our limited and embattled water resources and the life they sustain.

See below for summaries of OCE’s key water-related cases, particularly to protect public health and vulnerable aquatic species. THREATENED SPECIES PROGRAM has also regularly benefitted water quality and aquatic ecosystems. A full list of OCE’s cases can be found here.

 
SICK OF SEWAGE

SICK OF SEWAGE

All over the country, cities have antiquated wastewater systems that are in dire need of repair and upgrades. During and after rain storms, raw and partially-treated sewage overflows and is dumped into nearby waters. Sewage treatment isn’t the easiest topic to engage with, and local politicians often fail to prioritize water infrastructure spending to the detriment of long-term public health and ecosystem health. OCE has developed expertise in cleaning up sewage pollution over the course of 15 years of working on this issue, and we have recently expanded our “Sick of Sewage” campaign from the West Coast to the Gulf Coast (see our Florida Water page for more on our current efforts to clean up Tampa Bay’s sewage systems).

Sewage pollution is not only extremely disgusting; it is extremely dangerous. Raw and partially-treated sewage devastates ecosystems and wildlife, and can carry deadly bacteria that often persist in waters long after a spill occurs. Children and seniors are always particularly vulnerable to infection, but even healthy adults are at risk for serious health consequences from sewage-borne illness and infections.

In all our efforts related to sewage pollution, our goal is to take the issue out of the political arena and ensure that cities agree to a schedule of system upgrades that can be enforced by a court. There are rarely (if ever) effective short-term solutions to major infrastructure problems like sewage system failures. Our long-term approach to sewage pollution has succeeded again and again, and ensures systemic changes that truly address the many interrelated causes of sewage pollution, from sewer lateral maintenance and replacement, inflow and infiltration problems, to capital improvement programs. While each city’s wastewater infrastructure is unique, old and under-maintained sewage systems tend to share these kinds of problems, with predictable results when the systems become overwhelmed during severe wet weather events.

Between 2004 and 2014, OCE litigated against several cities that were polluting the San Francisco Bay and Pacific Ocean waters and beaches. We partnered with other environmental groups in all cases, and resolved the lawsuits after negotiating improvements to wastewater treatment and storage, as well as a specific schedule for necessary upgrades and compliance with the Clean Water Act. In some cases, we also fight for penalties to help deter cities from discharging sewage pollution into waterways and waterbodies, for example, a $1.6 million penalty against the City of Honolulu for serious and ongoing violations of federal law. We also push for maximum monitoring, transparency and citizen input at every stage, adequate staffing of wastewater departments, backup strategies to minimize the risk of force main spills, and the creation of grant funds for community-led projects.

In 2016, following several enormous sewage dumps to Tampa Bay during the rainy season, we re-started this process in Florida, where litigation is currently ongoing against the cities of St. Petersburg and Gulfport.

STORMWATER POLLUTION PREVENTION: PABCO BUILDING PRODUCTS

STORMWATER POLLUTION PREVENTION: PABCO BUILDING PRODUCTS

The San Francisco Bay is beloved by Bay Area communities and admired by visitors. People use it for recreation, to commuting, and the Bay provides habitat to vast array of species, many of which are found nowhere else in the world. The Bay is the largest estuary on the West Coast. Unfortunately, not all industries or other entities around the San Francisco Bay voluntarily do their part to keep the waters clean and the wildlife healthy. In 2012, OCE brought a Clean Water Act lawsuit against Pabco Gypsum Port in order to clean up the runoff that was going into storm drains and the Redwood Creek Channel, directly adjacent to the San Francisco Bay. We fought to make sure Pabco would comply with all applicable pollution prevention requirements and use best management practices to reduce pollution. The eventual consent decree resolving this lawsuit also requires Pabco to conduct additional sampling of water to demonstrate it is meeting pollution standards, and implement a “Supplemental Environmental Project” or contribute money for another entity to implement a project that benefits local water quality. By negotiating injunctive relief and specific measures and practices in a consent decree, we can ensure compliance, or impose penalties for non-compliance.

NATIONAL PROGRESS TOWARD CLEANER STORMWATER

Along with several other environmental groups including the national Waterkeeper Alliance, OCE helped to develop an agreement with the U.S. EPA regarding a “general permit” for industrial stormwater pollution. This permit applies to thousands of businesses and several industrial sectors, from cement mixing to scrap metal salvage to food processing, and sets certain pollution limits and imposes certain “best management practices” that companies must follow before discharging polluted water. The new agreement will make it easier to determine whether industrial operations are protecting local waters or not, while also clarifying the requirements and expectations for businesses. Furthermore, the agreement includes a commitment by EPA to evaluate setting numeric standards and practices for stormwater retention at industrial sites, and propose restrictions on the use of coal tar sealants, which are carcinogenic.

FLORIDA'S WATER CRISIS

Despite Florida’s long-established water based tourism industry, which has traditionally emphasized activities like boating, fishing, and other forms of recreation, Florida waters are among the most polluted in the nation. Industrial facilities, agricultural businesses, and even local governments have regularly failed to comply with clean water laws, taking Florida’s water and wildlife for granted. Now, Florida residents are fighting for water quality and ecosystem protection through citizen outreach campaigns, legislative advocacy, and lawsuits. OCE has had a presence in Florida for a long time, but in 2016 after several disturbing pollution events, we increased our clean water work throughout the state. First, we took action to address Tampa Bay’s long-term sewage pollution issue. Then, we partnered with local groups including Citizens for Clean Water to help raise awareness and empower communities that are directly impacted by water pollution. We will continue to expand our activities in Florida, and if you have ideas or experiences to share with us, please contact us at admin@ocefoundation.org.

OCE has a long history of advocacy related to protecting people and ecosystems from one of the more disgusting realities of modern life: sewage pollution. We’ve brought lawsuits and worked with cities throughout the United States to ensure that aging, leaky, and otherwise inadequate sewage infrastructure is updated, and that impacted residents have a voice in developing solutions. Spills and overflows of raw and partially-treated sewage occur regularly in metropolitan areas, and the worst instances result in massive die-offs of fish, birds, and other animals that rely on nearby waters. We are currently involved in a regional effort in Florida’s Tampa Bay area to address sewage system failures that have garnered national and international headlines since mid-2016, when hundreds of millions of gallons of raw and partially treated sewage were discharged to Tampa Bay, Boca Ciega Bay, and other waters adjacent to the Gulf of Mexico.

Tampa Bay Times, 9.9.2016: While St. Petersburg waits for sewage details, health risks emerge
New York Times, 9.16.2016: Sewage Overflow Again Fouls Tampa Bay After Storm
St. PetersBlog 1.6.2017: Environmental groups sue Gulfport over sewage overflows