Stockton Standing Up -

You CAN make a difference	Please support us. Click here to donate.

Tests show dirt contaminated levee. Stockton Port sold pile to the state after flood.

Published in the Stockton Record on 07/28/04

Tests show dirt contaminated levee. Stockton port sold pile to the state after flood.
By Audrey Cooper
Record Staff Writer
Published Wednesday, July 28, 2004

HOLT -- Newly released test results show that polluted dirt the Port of Stockton sold to state officials has contaminated a Delta levee, forcing state scientists to look for ways to keep the soil from leaching toxic metals into a waterway.

The test results also show pollution in water alongside the levee in places far surpasses state and federal limits that dictate whether water is safe for aquatic animals, good enough to drink or damaging to crops.

"What these results mean is that these sediments on the levee are toxic or at least potentially toxic to aquatic life. The sampling of the water also bears out the fact that water there is toxic to some organisms," said Steve Bond, an independent geologist and water-quality expert who examined the test results.

The polluted dirt came from a pile of dredge spoils owned by the port, which sold the sediment to the state Department of Water Resources after the June 3 levee break at Jones Tract. The dredge spoils were used to shore up a 2 1/2 mile section of the Delta island's levee abutting Trapper Slough. Those emergency steps have been credited with saving nearby Highway 4 from the raging Delta floodwaters that overtook Jones Tract, flooding 12,000-acres of farmland.

A consultant for the port downplayed the test results, arguing that the tests don't accurately mimic the likelihood of the metals leaking into Trapper Slough.

"It would be a shame to limit whether the port can sell these dredge spoils," said Tom Trexler, a port consultant.

"We are not being dismissive of these concerns, but at this time there is no reason to say these tests prove a risk to the environment," Trexler said, adding that the port abided by all its permits when it sold the sediment to the state.

The Department of Water Resources decided to take the soil and water samples after the Central Valley Regional Water Quality Control Board questioned the port about the dirt sale. The soil and water samples were taken July 15 and the results were released to the public Monday evening.

Meanwhile, state scientists from the Department of Water Resources and the Central Valley Regional Water Quality Control Board -- the Valley's water-pollution cops -- are mulling over what to do about the polluted dirt. So far, most scientists agree that many more tests are needed.

Bill Marshall, a section chief for the Regional Water Quality Control Board, said that Department of Water Resources officials have been told to come up with a plan to deal with the contamination. That could mean many things, including removing the dirt, covering the levee with clay or pavement, or treating the dirt with lime in hopes of keeping the metals from leaking into the waterway, he said.

Those decisions will have to be made before winter rains start to pound the levee, which could wash tainted dirt and metals into Trapper Slough, Marshall said.

"We're working hard on this issue. We have a few months before the rainy season, but we'll have to come up with some answers before then," he said.

Marshall said his agency also would re-examine whether the Port of Stockton should be allowed to sell dredge spoils for use on Delta levees. The port frequently sells the mud dredged from the Stockton Deep Water Channel. Water-pollution regulators also plan to ask the port what other Delta levees may be covered with dredge spoils, Marshall said.

Port Director Richard Aschieris could not be reached for comment Tuesday afternoon or evening. ::: Advertisement :::

A statement about the test results that was released by the Department of Water Resources also downplayed the problems with the polluted dredge spoils. That announcement said that the soil was acidic and tainted with high levels of metals such as copper, barium, and zinc. The statement also said the soil wasn't considered hazardous material. The announcement did not mention that several of the water samples exceeded state and federal pollution limits.

Independent scientists and some environmentalists criticized the statement released by the state, which was written with the help of port officials and water-board regulators.

Government regulators apply the term "hazardous waste" to materials that need special disposal sites, usually landfills. The fact that the soil in question is not hazardous waste does not mean the soil can be safely dumped along a waterway, said G. Fred Lee, a chemist and environmental engineer who has studied dredge spoils for decades.

"They are clearly playing a game," Lee said. "Take the copper levels. There is a big problem here. The state should set up an independent panel to examine this issue."

Representatives of the Department of Water Resources said they were trying to ease concerns that the soil posed a danger to humans. For example, even though some water samples could be considered unsafe to drink, the pollution would be diluted when washed farther out into the Delta.

However, the concentrated levels of pollution near the shoreline could kill small fish and invertebrates before it was diluted, the tests show.

"The tests show a potential for concern. We'll probably have to do many more tests and work with the port and the water board before we decide what to do," said Rick Soehren, an assistant to the director of the state water department.

The recent test results were compiled using three important studies. One study examined water near the levee. The other two studies focused on whether heavy metals in the soil could easily leak into the levee.

Some samples of water exceed limits set for irrigation water, drinking water, and water that would be safe for aquatic life. For example, levels of aluminum were up to nine times higher than what is considered safe for drinking water. That same sample had aluminum levels up to 12 times higher than what's considered safe for aquatic life.

Marshall, the regional board scientist, said it's unlikely that the polluted soil already is causing such high levels of water pollution. Those contaminants may have already been in the water, he said.

Steve Bond, the independent geologist, disagreed. He said the water samples are "extraordinarily compelling evidence" that the dirt is causing the water pollution.

"It's like if you have a jaguar and chimp in two cages and hand the chimp a gun. If you come back and find the jaguar died from a bullet that is very similar to what was in the gun, you can probably figure out what happened," Bond said.

"I can't find any other words to describe just how compelling this evidence is, and I would only expect the water problem to get worse," he said.

Even more compelling are the soil tests. One test assumed very acidic soil conditions. The other more lenient test assumed the soil was not acidic. Both tests showed metals could leach out of the soil at levels several times beyond state and federal limits.

Port officials say the tests prove very little. The tests involve putting water and soil in a test tube and regularly shaking it over a period of 48 hours. That doesn't happen in nature, said Trexler, the port's consultant.

Other scientists say the tests may underestimate the problem.

"The one test might be too aggressive, but the other probably doesn't show us the full extent of the problem," Marshall said.

Among the most alarming test results are those involving copper, which can easily kill fish. The two different tests show copper could leach out of the soil at concentrations between four and 65 times higher than what's considered safe for aquatic animals.

The full extent of the problem will depend on whether the soil becomes more acidic over the next few months and whether future rains will be slightly acidic, experts said.

Bill Jennings, the head of Stockton-based environmental DeltaKeeper, said he expected swift action from state regulators.

"I'm very concerned not only for this levee but for all the others with these dredge spoils laid on top. We may have a far greater problem here than we ever expected," Jennings said.

"Either that levee should be managed like a landfill that accepts waste or that dirt should be dug up," he said.

Derrick Adachi, the chief of the environmental-site assessment section for the Department of Water Resources, said the levee's pollution was a high priority for his agency.

"We're not taking this lightly. It's very serious, and we're working as fast as we can to get our managers the information they need to take the next step, whatever that is," Adachi said.

--------------------------------------------------------------------------------

* To reach reporter Audrey Cooper, phone (209) 546-8298 or e-mail acooper@recordnet.com

Use your browser BACK button to return, or click on a link below.