Residents have earned speedy and comprehensive perchlorate cleanup order

On Dec. 7, the years-long South County perchlorate water poisoning story will take another important turn when the Central Coast Regional Water Quality Control Board will consider whether to adopt the Draft Cleanup and Abatement Order (CAO) or instruct staff to make more adjustments. The CAO is a key document because it spells out in detail what Olin Corp. will be required to do to clean up the contaminated groundwater.

Since I was first elected to the Assembly, I have been involved with this difficult issue and continue to be represented on the Perchlorate Community Advisory Group. From the start, there has been a need to return water quality to the level it was before the contamination started. 

This idea is consistent with the public policy that is reflected in the Draft CAO: if a person or company allows a hazardous chemical to enter groundwater used by others, the person or company should be required to clean up the groundwater to its natural quality.

While it is very frustrating that residents must continue to wait for the groundwater to be cleaned, it is important to understand that the Dec. 7 meeting represents a critical juncture on the issue.

I commend staff for their hard work on the most recent Draft CAO. It is clear they are working to address key community concerns. Specifically, the draft calls for more of the “plume core” (the underground area where perchlorate contamination levels are highest) to be pumped and treated; any domestic wells used for potable water that have perchlorate concentrations above 8 ppb (parts per billion) shall have perchlorate-cleaning ion exchange systems installed; and deadlines for action and reporting are clearer.

Unfortunately, the Draft CAO falls short in key areas. It allows Olin to not take active cleanup measures for the vast majority of the contaminated plume.  Instead, the Draft CAO recommends passive monitoring. But relying on passive monitoring is not enough. 

I am pleased the Draft CAO requires Olin to cleanup the entire plume to “background levels” (the point at which perchlorate is no longer detected).  And I agree with the Draft CAO that the highest concentrations should be tackled most aggressively. 

However, the Santa Clara Valley Water District has made a compelling case that more active remediation is needed throughout the plume. I encourage the Board to adopt the Water District’s recommendations to ensure a more effective and expeditious cleanup of the entire plume. 

The issue of “background levels” is a critical one. Regardless of whether residents rely on private wells or municipal water, they have a right to have the water returned to pre-perchlorate cleanliness as quickly as possible. The expectation that well owners must rely on bottled water indefinitely is unreasonable and unacceptable. 

To respond to residents weary from years of using bottled water and fearing future effects from contamination (underscored by reports of perchlorate found in milk and lettuce), the CAO should require Olin to undertake interim remediation efforts as soon as possible throughout the contamination plume – and not wait an additional couple of years, as the details are worked out for how to address the “plume core.” 

It is also important that, after its five-year status report, Olin restore the full use of domestic and municipal wells impacted by perchlorate above 6 ppb – the California standard.

Finally, in order to address a situation where cleanup progress is slowed and cleanup strategies need to be revisited, Olin’s required contingency plan should be included in the CAO. Such a plan would include key information such as timetables, benchmarks, triggers, review dates, methods of analysis and remediation alternatives. Doing so will provide residents greater assurance that there are processes in place to prevent and quickly address unforeseen cleanup delays.

I am proud to represent a district that has some of the best water quality and conservation practices in the state. It’s gratifying to work with a community so dedicated and focused on this issue. I’m hopeful the Regional Water Quality Control Board will make these important changes – clearly, this community has struggled far too long with perchlorate contamination.

John Laird represents the 27th Assembly District, serves as chair of the Budget Committee and is a member of the Natural Resources Committee.