Who knew that pollution was wending its way to the ocean off the popular East Beach for years?
A man named Tevin Schmitt knew after he started testing the waters, along with Jesse Swanhuyser, an attorney with Sycamore Law, Inc., who specializes in Clean Water Act cases. Tevin is also a Watershed Scientist at the Wishtoyo Foundation.
Tevin then approached Emily Engle of our club’s Santa Barbara Group, who was very enthusiastic about the Sierra Club taking on the case, especially since her 11-year-old daughter Willow was adamant that we protect East Beach!
Member Deborah Williams also got involved and agreed to work closely with Swanhuyser on behalf of the Club, while member Katie Davis agreed to lead the liaison efforts with State and National Sierra Club attorneys.
“This is a great grassroots and collaboration story. It is what makes our club so powerful,” commented Maureen Ellenberger, chair of the Santa Barbara-Ventura Sierra Club.
“The Sierra Club was concerned that the pollution was having adverse impacts on the environment, and so we decided to reach out and take action,” said Engel, chair of Sierra Club’s Santa Barbara Group.
It didn’t happen overnight because water testing was happening for three years. When satisfied, attorney Swanhuyser and the Sierra Club used the Clean Water Act of 1972 to stop pollution at those sources through legal action and finally productive settlement talks.
The runoff accumulated not only bacteria but also metals — such as copper and aluminum—and other substances that can be detrimental to the health of humans and animals, notably a resident pod of coastal bottlenose dolphins off East Beach’s shores.
The sources of stormwater flowing to the ocean were from MarBorg Industries, Lash Construction, and Kenny Construction, located on Santa Barbara’s east side.
A responsive settlement was reached as a result of intense mediation efforts following a year of negotiations. Our Sierra Club and the three companies developed a plan to reduce bacteria and other forms of water contamination at East Beach.
In a joint statement, the club and the three companies announced they worked together to develop a better stormwater management plan. It also includes steps to reduce polluted runoff and increase water quality monitoring.
The agreements follow more than a year of negotiations stemming from water sampling conducted by the Sierra Club.
“Sierra Club will continue to monitor for metals and other pollutants that impact ecosystems and public health,” said Williams, a Sierra Club leader who is also a lecturer in UC Santa Barbara’s Environmental Studies program. She also emphasized that the three companies were willing to work toward solutions.
The agreement also includes $95,000 funding to support Heal the Ocean’s local water quality initiatives and oversight to ensure the agreements are followed.
Other measures include the companies upgrading stormwater management, installing berms and filters, and ensuring liquid waste goes into the city’s sewer system for treatment.