Clean Water

WaterKeepers, CALPIRG Challenge Loophole for Agricultural Pesticides

New Analysis Shows Pesticides Threaten Drinking Water Sources and Aquatic Life

TODAY, WaterKeepers Northern California, its projects DeltaKeeper and San Francisco BayKeeper (WaterKeepers) and the California Public Interest Research Group (CALPIRG) filed a challenge today with the Central Valley Regional Water Quality Control Board in an effort to regulate pesticide discharges to water and close a glaring loophople in the state's implementation of the state clean water act. The effort was endorsed by over 65 environmental and public interest organizations throughout California.

The challenge seeks to reverse a decision made by Central Valley regulators in 1982 which exempted agricultural businesses in the Central Valley from complying with the state's clean water act. Since then, agricultural businesses have been free to discharge pesticides, fertilizers and other contaminants into California waterways without limit or oversight by regulators.

"Pesticides have been documented as the most pervasive source of aquatic life toxicity in the Central Valley ," said Bill Jennings, DeltaKeeper. "It's high time that agriculture step up to the plate and take responsibility for its own pollution like any other industry."

An analysis by CALPIRG and Pesticide Action Network of newly compiled pesticide monitoring data found widespread pesticide toxicity in Central Valley waterways. The report, released today statewide, finds:

* Pesticides were detected at 128 out of 133 (96%) sampling locations included in the Department of Pesticide Regulation's surface water database. Most of the samples were taken from Central Valley waterways.

* When detected, pesticide levels exceeded aquatic and/or human health criteria over half (51%) of the time.

Surface waters flowing into the Delta provide drinking water for millions of Californians in Los Angeles. Surface water in the Central Valley also recharge groundwater systems which may be drinking water sources locally or regionally. A total of 565 miles of rivers and creeks and 488,224 acres of Delta and other waterways in the Central Valley Region alone have been officially recognized by the state and USEPA for being impaired by agricultural pesticides. In support of their petition, the groups submitted some 20 studies indicating pesticide toxicity in Central Valley waters, many of which document periods of lethal toxicity for days or even weeks at a time.

The administrative challenge filed today by WaterKeepers and CALPIRG seeks to revoke the exemption granted to agriculture 18 years ago from the state clean water act. If revoked, agricultural businesses would have to apply for discharge permits, which could result in monitoring or pollution control requirements. Permits might be granted individually or though a general permit.

"When the state regulators exempted agriculture from clean water laws, they did it under the assumption that growers would voluntarily prevent discharges to water," said Teri Olle, of CALPIRG. "Almost 20 years later, we now know that didn't happen. The waiver can't seriously be considered today."

WaterKeepers and CALPIRG are represented by Michael Lozeau and Deborah Sivas of the EarthJustice Legal Defense Fund. ###

Contact: Bill Jennings, DeltaKeeper (209) 464-5090 Jonathan Kaplan, WaterKeepers (415) 561-2299 x14; cell: (415) 235-9803 Olivia Hersted, CALPIRG (415) 577-6024 Steve Orme or Susan Kegley, Pesticide Action Network (415) 981-1771 Michael Lozeau, EarthJustice Legal Defense Fund (650) 725-4217