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Leucadia Stormwater and the US Supreme Court

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The United States Supreme Court has found that the United States Environmental Protection Agency Clean Water Act requirements cannot be bypassed merely by passing pollutants through groundwater, as was recently argued by the County of Maui and the Trump administration.  This decision bears directly on the mis-management of stormwater in Encinitas generally and Leucadia specifically. For example, from the City of Encinitas’s Jurisdictional Runoff Management Program ( January 2017) we already know that ... Cottonwood Creek is 303(d) listed for DDT, selenium, and sediment toxicity stressors. Further, the Pacific Ocean at Moonlight Beach, where Cottonwood Creek meets the ocean, is listed as a 303(d) impaired water body for total coliform bacteria. Encinitas Creek drains the north-central portion of the city and drains into Batiquitos Lagoon, which is designated a Critical Coastal Area in the State of California 2002 Critical Coastal Areas Strategic Plan. Encinitas Creek is 303(d) listed for selenium and toxicity. Escondido Creek, 303(d) listed for DDT, enterococcus, fecal coliform, manganese, selenium, sulfates, total dissolved solids, total nitrogen, phosphate, and toxicity, drains the southern and northwest (Olivenhain) portion of the city and drains into the San Elijo Lagoon. San Elijo Lagoon is a 303(d) impaired water body listed for sediment/siltation, indicator bacteria, and eutrophic condition. 

 

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