East Bay Municipal Utility District agrees to $816,000 settlement for toxic discharge into Bay

OAKLAND - The San Francisco Bay Regional Water Quality Control Board approved a settlement in which East Bay Municipal Utility District (EBMUD) agreed to pay a penalty of $816,000 for discharging 16.5 million gallons of partially treated wastewater during a major rainstorm in October 2021.

The discharge flowed from EBMUD’s Point Isabel Wet Weather Facility to Richmond Inner Harbor in San Francisco Bay and contained chlorine at concentrations toxic to aquatic life. EBMUD had run out of the chemical used to remove chlorine prior to the discharge.

The settlement requires EBMUD to pay $379,000 to the State Water Pollution Cleanup and Abatement Account. The utility will also be required to spend another $408,000 on a supplemental environmental project that will create a model for determining how San Francisco Bay sediment carries polychlorinated biphenyls (PCBs), nutrients and other substances within San Francisco Bay.

The settlement, which was finalized late Friday, allows a $29,000 credit for stipulated penalties that EBMUD paid to resolve violations of a 2014 federal consent decree, which established additional requirements for chlorinated discharges from the facility. The consent decree requires improvements to reduce wet weather flows into the EBMUD’s wastewater collection and conveyance system.

“This enforcement serves as a reminder to always be prepared. The reliable operation of our wastewater infrastructure is critical, particularly in light of the increasingly severe winter storms we are experiencing due to climate change,” said Thomas Mumley, assistant executive officer for the San Francisco Bay Regional Water Board.

The San Francisco Bay Regional Water Board is a state agency that regulates wastewater treatment and discharge facilities, such as those at aggregate mining facilities. The Board’s mission is to preserve, enhance, and restore the quality of the San Francisco Bay Region’s water resources for the protection of the environment, public health, and all beneficial water uses.