Point Reyes Light - October 30, 2003

Science v. government flap about bay grows

By Andrew Pridgen & Dave Mitchell

In the ongoing fight between government and science over reducing e coli bacteria in Tomales Bay, science jabbed back at the Marin County Environmental Health Division last week.

In an Oct. 9 Light guest column, Phil Smith on behalf of Environmental Health Services discounted recommendations from scientists who say the source of bacteria in the bay needs to be determined before money is spent on cleanup projects.

Smith wrote that it is more important to begin cleanup projects while state and federal grants are still available.

In the main, Smith was responding to comments from Dr. Mansour Samadpour of the University of Washington, a leader in the use of DNA analysis to track where bacteria are coming from.

Dr. Samadpour has been hired to track the source of bacteria in waterways throughout the county. His DNA research in Santa Barbara determined that much of the e coli along a public beach was coming from seagulls, which were feeding at a nearby landfill and then polluting the beach. A falconer was hired to drive away the seagulls, and the amount of e coli in the water dropped significantly, the assistant professor noted.

County raps DNA tests

To this, Smith of Marin Environmental Health responded, "Recently, we spoke to Santa Barbara County officials about a watershed study that was conducted there using DNA analysis as the primary tool. They outline many limitations of this process and state that if they were to be confronted with the same situation again, they would employ different methodology.

"Also, the well-respected Southern California Coastal Water Research Project recently sent multiple water samples spiked with feces of known composition (cows, human, birds etc.) and, in almost every case, the results from the laboratories were very inaccurate. These are the cutting-edge laboratories employing the latest techniques."

Reply to county claim

A few Light readers, however, have responded that Santa Barbara County’s website, in fact, describes the DNA study as a success. In addition, the website links to the Southern California Coastal Water Research Project, which describes DNA analysis as the most accurate way to find pollution sources.

Setting out to reduce e coli in Tomales Bay, when the only thing known is that the bacteria have been found in water samples, is not a wise way to proceed, the Water Research Project suggests.

Testing for bacteria only determines "whether waters are safe for recreation but provides little insight about the source of the problem when [bacteria] counts are high," the Water Research Project reports on its website.

Dr. Samadpour agrees: "For [Marin] or any other county or agency to say that DNA testing doesn’t work is simply incorrect."

Marin Environmental Health accused of misrepresentation

How does he respond to the claim by Smith from Marin Environmental Health Services that when the Water Research Project spiked water samples, various laboratories using "cutting-edge" science got "very-inaccurate" results?

In reality the spiked-sample test found that DNA analysis not only worked, but it outperformed 23 other testing methods, Dr. Samadpour replied.

The "inaccurate" studies Smith referred to were not studies based on DNA testing but used other methods, such as looking for caffeine in water samples, Samadpour said.

What about Smith’s claim that 10 to 20 percent of the typical septic systems in the US are failing? One sewage researcher in West Marin, who asked not to be identified lest the Environmental Health Department retaliate against him, said the "figures include all the national systems that range from modern septic tanks to cesspools that are over 100 years old – as well as illegal discharges."

A $5 million sewer

Nonetheless, without knowing how much bacteria comes from different sources, county government has already proposed a $5 million sewage system to serve less than a hundred homes in Marshall. Part of the system would be financed by grants and part by Marshall homeowners.

Claiming that there is no time to wait for the sources of bacteria in Tomales Bay to be identified before spending money on the system, Smith wrote, "It would be unwise to halt the project and let the grant monies slip away while we pursue further scientific studies.... The fiscal situation facing our state is obvious to everyone. Grant money for projects is rapidly drying up (pun intended)."

History of e coli dispute

Here is how West Marin got entangled in its present dispute between Smith of Environmental Health, who opposes tracking the source of bacteria before taking action, and scientists who say it may well be a waste of money to make plans without first identifying the source of the problem:

Encouraged by the federal Environmental Protection Agency, the California Legislature adopted Assembly Bill 885, which called for setting statewide minimum standards for septic systems. Gov. Gray Davis signed the bill into law on Sept. 28, 2000.

State law explained

AB 885 mandated that the State Water Resources Control Board adopt "statewide standards or regulations for existing, construction and performance of onsite sewage-disposal systems...by Jan. 1," notes Peggy Langle, director of the County of Santa Barbara’s Environmental Health Services," on that county’s website.

"The regulations will become effective six months after the regulations are adopted," she added. "The future statewide standards will not preempt local jurisdictions from having more protective or stringent standards for protection of public health."

The new standards, Langle explained, will "apply to any onsite sewage-disposal system that:

• "Is constructed or replaced on or after July 1, 2004 (or six months after the adoption of the regulations, whichever is sooner).

• "Is subject to major repair.

• "Pools or discharges to the surface of the ground.

• "In the judgment of the regional Water Quality Control Board or authorized agency, the reasonable potential to cause a violation of water-quality objectives to impair present or future beneficial uses of water, to cause pollution, nuisance, or contamination of the water of the state."

The problem with AB 885, say its critics, is this last provision, for it appears to allow California’s Regional Water Quality Control Boards to set whatever regulations they want.

In the case of Tomales Bay and its watershed, the San Francisco Regional Water Quality Control Board has warned that if coliform bacteria in the bay is not reduced 30 percent by 2005 and 75 percent by 2007, the regional board may place a moratorium of homebuilding in the area, ban horse facilities, and prohibit boating.

The board picked these percentages, however, without knowing where bacteria in Tomales Bay is coming from. If Tomales Bay is like others in California, a substantial amount of the bacteria in it comes from birds and other wildlife.

Alleged ploy to get county under regional board’s thumb

Critics have begun accusing the regional board of setting the percentages so high for Marin County cannot possibly meet them. This would allow the regional board to declare that Marin is not complying with the cleanup orders, thus putting the county further under the regional board’s thumb.

So far no one has claimed there is only one source of bacteria in Tomales Bay.

A West Marin researcher, who asked anonymity lest Environmental Health Services harass him, told The Light that based on data he’s seen, he would expect bacteria levels to be fairly low in summer and to increase in winter when seabirds and harbor seals congregate in the bay.

Immediately following rainstorms, the researcher added, he would expect to see runoff carry bacteria from cow and elk manure into the bay, causing spikes in bacteria counts.

Cleanup on ranches

In an effort to reduce contamination from agricultural runoff, the Point Reyes Station-based Resource Conservation District last week announced that 15 landowners have agreed to undertake 47 projects aimed at containing bacterial runoff from livestock.

In order to complete the projects, the state will contribute $308,694; the US Department of Agriculture, $400,000; and the 15 landowners, $290,492.

The projects will consist of installing new fencing, creating new stream water troughs, and constructing new waste-storage buildings.

Depending on purpose of its statements, the regional board has at different times called Tomales Bay "pristine" and "impaired," so there is still debate whether Tomales Bay has a serious pollution problem. As The Light noted in a previous article, in its official report to the EPA, regional water quality control board said further testing is required.

The only consensus to date is that there is too much mercury in the muck of the Walker Creek delta.

The mercury washed downstream from an abandoned mine on Alvin Gambonini’s Marshall ranch. The mining company and various governments have over the past three decades taken turns sealing the mine, but some mercury is believed to have contaminated certain fish in Tomales Bay.

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