Raw sewage in creeks prompts lawsuits against Sunnyvale and Mountain View

A Bay Area environmental group has sued the cities of Sunnyvale and Mountain View, saying they are in violation of the federal Clean Water Act for discharging raw sewage and polluted storm water into creeks, sending bacteria pollution to levels more than 50 times legal limits.

The group, San Francisco Baykeeper, said samples it collected revealed dangerous levels of E. coli, fecal coliform and other pollutants in Stevens Creek, Calabazas Creek, Sunnyvale East Channel and Guadalupe Slough, all of which empty into San Francisco Bay.

Like other cites in the Bay Area, both Sunnyvale and Mountain View treat their sewage at wastewater treatment plants before emptying it into the bay. But the suits claim aging clay sewer pipes throughout the two cities are leaking untreated sewage into storm drain systems, which empties into the creeks.

“Basically these two cities are contaminating the bay year round with raw sewage,” said Sejal Choksi-Chugh, executive director of Baykeeper.

“Whenever anybody is kayaking or swimming or paddle boarding in the water they have exposure to it,” she said. “That can cause illness. It also affects the fish and the birds. This was one of the reasons that the Clean Water Act was passed in the first place.”

Representatives of both cities have been in discussions with Baykeeper and said Monday that they are studying the lawsuits, which they only recently received.

Baykeeper, a non-profit group based in Oakland, has taken legal action against cities across Northern California that have had repeated spills from sewage treatment plants, broken sewer lines or storm water pollution problems.

In the case of Sunnyvale and Mountain View, the group collected water samples along the creeks between November 2017 and February 2019, in multiple places where pipes from the cities’ storm water systems empty into the creeks.

The high levels of E. coli and other bacteria that Baykeeper found are likely from untreated human waste that is flowing daily from old clay sewer pipes, which can crack over time, the lawsuits said. When roots grow into the pipes, or they crack or suffer blockages or disjointed connections, sewage can flow out underground. When it is within 15 feet of pipes that feed into the cities’ storm water system, the raw sewage can enter that system and flow untreated into creeks.

Another source of possible contamination is runoff from streets and other property when it rains, sending polluted runoff directly into the storm drains, the lawsuits said.

The pollution dates back at least until 2014, Baykeeper said. Under the Clean Water Act, violators can face fines of up to $54,833 per day, meaning, in theory that each city could face tens of millions of dollars in penalties. Many Clean Water Act lawsuits end in settlements, however, in which cities agree to upgrade their pipes, plants and other facilities.

On Monday, representatives of both cities were limited in their reactions.

“The City of Sunnyvale takes water quality protection very seriously and is in full compliance with our state-issued storm water and sanitary sewer permits,” said Jennifer Garnett, a Sunnvale spokeswoman. “We’re reviewing Baykeeper’s complaint, and have met and will continue to meet with them to discuss their concerns.”

Mountain View spokeswoman Shonda Ranson had a similar response.

“The City of Mountain View is committed to the protection of the public’s health, safety and welfare and the safe condition of local creeks,” she said. “The City is carefully reviewing Baykeeper’s allegations and evaluating next steps with the goal of a timely and appropriate resolution.”

The suits were filed last week in federal district court in San Jose. They seek court orders requiring the cities to stop the water pollution, and for the courts to impose fines under the Clean Water Act.

Aging sewer and storm water systems are a looming problem for many cities around California and the nation.

Sunnyvale has 310 miles of sewer pipes, its lawsuit said, and 96% are made of clay. Of those, there are no recorded ages for 83% of the pipes, and 7% are more than 60 years old.

Similarly, Mountain View has 160 miles of sewer pipes, and 89% are made of clay. Of those, 26% are older than 60 years old, and there are no recorded ages for 38% of the pipes.

Raw sewage includes human waste, solvents, detergents, cleansers, inks, pesticides, paints, pharmaceuticals, and other chemicals used by households and businesses.

“Contaminated streams run through many of Mountain View’s parks, posing public health threats, particularly to children,” the lawsuit noted.

In 2016, the San Jose City Council voted to approve a $100 million settlement with Baykeeper after the group documented similar sewage spills and violations of trash pollution into its two major waterways: Coyote Creek and the Guadalupe River. The city agreed to repair or replace 6.5 miles of sewer pipes a year for the next 10 years, giving priority to cracked pipes older than 50 years that are located near creeks and storm drains. It also agreed to install catch basins to capture trash in storm drains, and to build grassy swales in parks and permeable pavement in other places to filter storm water.

Measure T, a $650 million bond San Jose voters passed in 2018 for city projects, included roughly $25 million to fund the pollution upgrades.

“So far, San Jose is on the right track,” said Choksi-Chugh. “We are watching them and working with them to make sure they stay on track.”

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