HomeMy WebLinkAboutCUP 194A; Aquaculture Systems International; Conditional Use Permit (CUP) (25)January 29,1991
TO: PLANNING DIRECTOR
FROM: City Engineer
SEA FARMS WEST, CUP 194(A) AND (B)
The Engineering Department has completed review of the subject CUP extension subject to the following conditions:
1. The applicant shall meet all terms and conditions of the Department of Health Services "Shellfish Growing Area Certificate" and its "Certificate for Shellfish Processing".
2. The applicant shall further comply with all Federal, State and County regulations governing operations and sales of shellfish conducted in conjunction with CUP
194 (A) and (B).
3. The applicant shall submit to the City Engineer, on a monthly basis, results of all tests performed in conjunction with the "Shellfish Growing Area Certificate" with the addition of three additional test stations located: one, in the ocean inlet to the Lagoon, two, in the ocean outlet and three, under the railroad trestle between the middle and outer Lagoon. Additional sites shall be tested at the same frequencies and for the same constituent elements as other tests required by the Department
of Health Services.
4. Applicant shall be responsible for any further required testing program designed
to identify the source, character or quantity of pollutants which may impact the ability to safely market shellfish under this permit and Department of Health Services Certificates.
5. Applicant shall notify the City Engineer within 48 hours of any change in the status
under the Department of Health Services certificates and permits.
6. The permit shall be for five years subject to review upon any change in growing status or failure to comply with conditions.
7. Applicant shall enter into an agreement with the City in a form acceptable to the
Ci Attorney acknowledging that there have been claims of unacceptable levels of fecal coliform and other bacteriological conditions which render applicant's
shellfish at times unmarketable, unsaleable and not fit for human consumption
under the laws, ordinances, policies and regulations of Federal, State, County or
local jurisdictions. Furthermore, applicant recognizes that its business may be interrupted from time to time resulting from an application of these laws, ordinances, regulations or policies. Nonetheless, applicant desires to extend its
Conditional Use Permit and continue its operations upon certain terms and conditions.
Therefore, being fully aware of these possible consequences, applicant waives all
claims for causes of action against the City, the Encina Administrative Agency (EAA) and its member agencies or their officers and employees from any and all damages or liabilities resulting from or arising out of the extension of this
Conditional Use Permit. The applicant further waives any and all claims for
f?
Planning Director
Sea Farms West, CUP 194 (a) and (B) January 29,1991 Page: 2
business interruption, loss of profits, taking of property or injuty to business reputation to the fullest extent allowed by law. In addition, applicant indemnifies and holds harmless the City, EAA and its member agencies, their officers and employees from any and all claims, demands, causes of action, liability or loss of any sort asserted by third persons resulting from or arising out of applicant's continued operation of its business and further agrees to pay all costs including defense costs and attorneys fees and all judgments against the City, Encina and its member agencies, their officers and employees.
Pursuant to the attached draft, "Management Plan for Commercial Shellfishing in Agua Hedionda Lagoon", I would request that the Commission authorize the City Engineer to act on behalf of the Commission and City in compliance with the conditions and procedures set forth in the management plan.
The management plan requires signing the following statement agreeing:
To notify the Sea Farms West Company immediately, and to notify the DHS/SSP as soon as possible of any sewage spill or bypass from the sewage collection
system operated by the Ci of Carlsbad which results in a potential or actual discharge of raw or incompletely treated sewage that may adversely affect water and shellfish quality in Agua Hedionda Lagoon.
To develop and maintain written notification procedures incorporating the above procedures, to post the procedures at the facility, and to provide a copy of the current procedures document to DHS/SSP.
Agreement Statement
The undersigned has read and understand the purpose of the 'conditionally approved'
classification of the commercial shellfish growing areas in Agua Hedionda Lagoon and the conditions of its management plan, dated , and aarees to comply with the conditions and procedures set forth in the management plan."
Also attached for reference is a letter received from the Department of Health Senrlces detailing the status of their Certiicate.
city Pgineer
c: City Attorney
Rick Graff, EWPCF Frank Boensch Jim Davis Anne Hysong
jTATE OF CALIFORNIA-HEALTH AND WELFARE AGENCY GEORGE DEUKMUIAN. Go-r
--- DEPARTMENT OF HEALTH SERVICES y2 ";! ri ; i, / *--> -$-.- kLL '6 .. 2 - 1 ' -2- d 714/744 P STREET
PO BOX 942732
SACRAMENTO. CA 94234-7320
(916) 324-2205 li$l 2 i, 1330 November 20, 1990
FRm: Environmental Health services section
714 P Street, Iirxrn 600
SacramMto, CA 95814
SUBTECT: Notice of Intent to Adopt a Managemmt Plan for Carrpnercial Shellfishing in Aqua Hedionda Idgoon, California
The attam draft Wanagemmt Plan for Commercial Shellfishing in Aqua Hedionda Lagoon, Californiatt, dated November, 1990, sets forth standards, guidelines and procedures for the management of this conditionally appmed shellfish growing area.
All interestea persons are invited to rwiew the enclosed draft management plan, and to suhit camments to me, orally or in writing, no later than
Decmber 20, 1990. ryly telephone number is (916) 324-2205, my FAX number is
(916) 323-9869, and my mailing address is:
KennethH. Hansgen
California De- of Health Services
Environmental Health Services Section
714 P Street, Iirxrn 600 Sacramento, CA 95814
This manage plan is being prepared for adoption by order of the Director
of Health =ices in accordance with the pmcedwes in section 28502 of the
Health and Safety Code regarding notice of intended action and opportunity to sibnit data, views, or arguments. Therefore, after it is adopted, actions
taken pwsuant to the managemmt plan, such as emervemy declarations of closed arvxs, will be deemed to be in compliance with that statute, so that additional advance notice and opportunity to respord will not be required.
'Ihe National Shellfish sanitation Program (WP) of operations,
part I, Sectian C.4.d.v., requires that The pupose of the conditionally approved area and the conditions of its managemmt plan shall be understood and agreed upon by all parties involved. Failure of any one party to agree shall constitute sufficient justification to deny creation of a conditionally approved area."
In accordance with this requirement , a carpleted IllilMgement plan incorporating the caamnents received in response to this letter will be
circulated to the public agencies listed on page 16 of the draft. Authorized
P
:4om Bay Management r~an Distribution Page 2 Nwember 20, 1990
persons in these agencies will be requested to sign and retuxn the following
agreementstatemnt:
''The undersigned has read and undm the purpose of the
fconditionally appmedf classification of the cammercial shellfish
grwiq areas in Mom Bay and the conditions of the management plan titled 'Management Plan for Ccumemial Shellfishing in Mom by,
Wifornia', dated , and agrees to anply with the conditions
and pmcedums set forth in the IIlEiMgement plan."
muse the shellfish grcwers will be required to qly with the managearent
plan as a condition of their grwing area certificates, they will be
requested to sign a similar statement, except the agreement clause will be replaced by a statement that they derstand that compliance with the plan is mandatoq.
?he management plan will be adopted by order of the Director of Health -ices upon the receipt of signed sta- frcun all of the listed
parties.
?hank you for yaur prompt attention to this matter. Please contact me at
(916) 324-2205 if you have any questions.
Health Biologist
preharvest Shellfish Sanitation Program
EtlClofllre
Distribution (See next page)
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:bm Bay Management Pran Distribution
Page 3
November 20, 1990
Distribution:
DePJayne Johnston, Chief Wildlife Protection Division California Department of Fish and Game
1416 Ninth Street, Sacramento, CA 95814
mur COe, Executive officer California Regional Water Uity Control Board - San Diego -ion
9771 Clairemnt Mesa Blvd., Suite B, San Diego, CA 92124-1331
GaqR. Ste@any, D-r
San Diego Camty Departmerrt of Health Division of Envhnmental Health P.O. Box 85261, San Diego, CA 92138-5261
Richard Graft, General Manager .. Mnumstmtive Agency
6200 AV&- Carlsbad, CA 92009-4859
Uoyd B. IIubbs, City Rqineer City of Carlsbad, Engineering Department
2075 Las PdLTMS Drive, Carlsbad, CA 92009-4859
Bany Martin, Water Utilities D-r
City of Oceanside
320 North Home Street, Oceanside, CA 92054
Richard D. Glenn seafarmswest, Inc.
P.O. BOX 1540, Carlsbad, CA 92008
F. Fbbert Studdert, Attorney at Law
36 Professional Ccmter parlcway
San Rafael, CA 94903
f-
11/20/90
California Department of Health Semi-
Esnrirorrmental Health Division
m-eparedby
Envi-tBranch
Bwironmental Health Services Section
-est shellfish Sanitation Program
November 1990
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Executive Sunmazy
This manag- plan for commercial shellfishirrg in Agua Hedionda Lagoon,
California, was developed pursuant to the National Shellfish Sanitation program (NSSP) Manual of Oprations, Part I, Section C.4.d. It has been prepared for adoption in accordance with the pmcedwes set forth in Section 28502 of the California Health and Safety Code. Any tenp0ra.q
closures to shellfish harvesting that may be declared pursuant to this
management plan after its adoption shall be deemed to met the of Section 28502, Health and Safety Ccde, pertaining to notice and wmty to
subit data, views or aquments.
with one -ion, manaw for the preventian of paralytic shellfish
poisoning (psp), this plan sets forth all aspects of the prehawest shellfish sanitation prcgram stardards and procedures used to regulate carpnercial shellfish hamesting in Agua Hdonda Lagmn, California. Standards and pmcedwes for PSP prevention are set forth in a separate doarment, Vbnagement Plan for Paralytic Shellfish. Poisoning in California."
The California Dee of Health Sewicest Environmentdl Halth Division is the lead agency in the State shellfish sanitation program, which certifies and regulates sanitaq procectures followed in the hamesting, handling, processing, storage and distribution of bivalve mollusk shellfish for sale for human consmption. Within the Division, the Environmental Managerent E?rar& regulates shellfish sanitation in the growhq waters while the Food and Drug Branch regulates shellfish sanitation after harvest. This managemnt
plan was prepared and is administered by the Emrhnmental Management Branch'
Envbmtal Health -ices Section, in cooperation with the other involved parties, bath public and private. A signed sta-t of agreement is requested frcm designated public agencies.
oystess, clams and IRlssels are grown and harvested by a single cmnercial firm in Agua Hedionda Lagoon - Seafarnrs West, Inc. The certified shellfish
grming area in the outer portion of the lagoon is classified as conditionally approved. ?he pupose of the conlitionally awmed classification is to
provide a mecharusm ' for the declaration of harvest closures during predictable periods when the shellfish graving does not met NSSP standards for hamesting shellfish for direct marketing for human consumg?tion.
?his nraMgearent plan establishes pm for tglporary harvest closures based on rainfall -ts recorded by the costa Redl Wcipal water District in Carlsbad. Pmcdres also axe established for emexyemy notification and hamest closures in case of accidental pollution events. water quality monitoring is corducted at least monthly during open periods, and the grmim~ area classification is reevaluated ammaI.1~.
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Executive sunmary
Contents
Abbreviations
1. IMmducb *on
2. organization and Responsibilities
3. Grcrwing Area Classification
4. Prohibited Areas Established
5. Fotential pollution sawces - (Ekaluations,
predictable events, perfonnance stardards, and inspection and monitoring)
a. Fotential Point SaurCes
b. Non-po~tscrurceS
6. mercy Closure and Notification
7. Rainfall Clofllre and Notification procettureS
8. Prevention of Illegal Hamesting (Patrol)
9. water Wity Monitoring
10. Growing Area Reevaluation
11. of Involved parties
12. SulRnary of
References Cited
Distribution ard Contact List
Tables and Figures
Pm
2
3
4
5
5
6
7
7
7
8
10
12
13
14
14
15
16
17
18
Appfmdices:
A. Fonn, %hellfish WestePs Monthly Report of Rainfall and West OpexatioIW
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Abbreviations
As in mst typical government documents, this one contains many acronyms and abbreviations. In general, an abbreviation will be given in parentheses ( ) following the first time a title or tenn is used, and the abbreviation will be
used in almost all cases in place of that tern later. me following
alphabeticdl list of abbreviations used in this do<ument is provided for the
greater convenien=e of the reader:
DM = Division of Ehvhrrmental Health Sewices (within Caunty health
DFG = California State Department of Fish and Game
~/SP = Deparhrrent of Health services, Shellfish Sanitation program
EAA=EncinaAdrrmustra tive Agency
EHD = Esnrirormwtal Health Division (within IXS) nrsS=EhvFronmentdl Health Senrices !%&ion (within EMB)
EMB = Environmental Managanent Branch (within EHD)
FDA = U.S. Food and Drug Aihbktm tion
FDB=FoodandDrugBranch (WithinEHD)
qd = Million gallons per day mu = MenD- of UM- * (especially the KU between DFG and IXS)
MRJ = Most Probable Mrmber
NSSP = National Shellfish Sanitation Program
psP = Paralytic shellfish poisoning
RIQCB = California Regional Water Wity Control Board, San Diego Region
SFW = seafanns west, Inc.
SSP = Shellfish Sanitation program WWm = wastewater treatment plant
de€=t=w
= California State Deparhnent of Health senrices
(especially the preha~~est SP within nrsS) ..
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1.
Agua Hedionda Lagoon, San Diego -, has a single, relatively small mricultural aperation, Seafarm West, Inc. (SFW), with about 5 acres of
gmwing area in the outer portion of the lagoon (Figures 1 and 2). SFW
markets Wterramm mussels (Mvtilus sdllmruvincialis) and pacific oysters (crassostrea aims), with mussel prodtuction daniMting the operation. SFW has a private allatment which it leases frapn the San Diego Gas and Electric ccanparry (Table 1).
muse Aqua Hedionda Lagoon is subject to intennittent pollution, this managenmt plan is necessary to set forth the standards and criteria used to regulate the harvesting of bivalve mollusk shellfish intended for human cmsunption. Standards, conditions and pmcedwes are prescribed for gruwing area clcsures in response to predictable elevated pollution follming periods of significant rainfall, as well as in response to accidental pollution events.
2. 0reanizat;l 'a axxi Re!suas ibilities
a. Ikprhmt of Hedlth Sen&uss (E). E is the lead agency responsible for the State shellfish sanitation program. Within c%Is, the Chief
of the Rwirormrentdl Health Division (EHD) has overall responsibility for the California shellfish sanitation program (SSP) .
(1) Em- Managemmt Branch (EMB), Emironmental Wth Semices section (-). The Chief of Etiss is responsible for the
preharvest SP,' as it relates to the evaluation and classification of
cum2rcial shellfish gruwing areas, certification of coprpnercial shellfish
harvesters, and managemnt of the State's paralytic shellfish poisoning
(PSP) monitoring and prevention program. The SP supervisor within this section is designated to coordinate the prehanrest SSP and to advise the Chief of on all activities relating to the regulation of shellfish qing areas and shellfish hamesting. The SSP Supervisor heads a staff of four shellfish sanitation specialists.
(2) Food and Dmg FIranch (FDB). The mief of this Branch is responsible for the posthamest shellfish sanitation program as it relates to the regulation of shellfish handling, processing, storage and distribution after harvest, including the labelling and identification of
shellfish moving in CQlPnerce. FDB is not an involved party to this
lMMgaaent Plan.
th (Fw). A primaIy b. UnitdstateSFoodarrdllrug~
responsibility of FDA is to ensure conformity of state shellfish sanitation
progrclrns with the guidelines and pmcedums for the classification and
mgement of shellfish gruwing areas as outlined in the National Shellfish
sanitation Program (WP) Manual of Operations, part I. Conformity with the
Manual of Operations ensures national uniformity of state progranrs, and the
health safety of shellfish products in interstate caronerce. FDA condllcts annual reviews and evaluations of state SSPS, and pmvides recoarrmendations,
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technicdl assistance, and training designed to -me the effectiveness of
those p-0
c. of pisb arrd Game (E). 'Ihe DFG participates in the SSP
Deparhnent of ish and Game and the Department of Health Services regarding the California shellfish sanitation and Mytic shellfish poisonirg Prevention program,1* signed in June 1988. Within DFG, the Wildlife Pmtection
Division, with its game wardens, provides assistance tomsintheareaof patrol and prevention of ill- shellfish hamesting.
through the ternrs of the tMemrardum of ' (mu) between the
a. - Rqicmal water Quali~cmbml Baard (IisQcS), san Diego
&gim. The Board is responsible for regulating discfiargess of wastes to any body of water, and for pmtecting specified beneficial uses of the wa- of
the state. E&~CB sets standards for waste dischargers, issues pennits to them, and dtors their performance. Professional staff ensure ampliance
with the Board's orders.
e. San nieg0 Chmty lkpmb~& of IJedLth. The Caunty Health Officer is
responsible for all matters pertaw to pblic health within San Diego mty, including all the county's incorporated cities. Within this Department, the Director of the Division of Enviromental Hedlth (DEH) is responsible for enforcing the laws and regulations pertaining to environmental
health, including the proper hanlling and disposal of sewage from private
p&SeS.
f. city of carlsbad. The City Engineer is responsible for the stom drain system, and for the sewage collection system which feeds into the Encina
wastewater trealment plant (rn).
g. mx5Tm Jkamdra tive kgency. 'Ihe Generdl Manager is responsible for the operation of the Encina rn which discharges undisinfected secordary
treated effluent into the Pacific OOean app&tely 2 miles south of the mouth of Aqua Hedionda Iagwn.
h. City of -it%. The Water and Utilities Director is respcnsible for the operation of the City of oceanside wwrp which aischarges urdisinfected secondary treated effluent into the Pacific Ocean approximately 2 miles northwest of the mauth of Agua Hedionda Lagoon.
The 5-acre mriailtural allotment in Aqua Hedionda Lagoon (Figure 2) is classified as conditionally amd. A corditionally appmved area is one
which meets the NSSP water quality standards for an appraved area (an area
frcan which shellfish may be harvested for direct markethg for human consumption), except during relatively short periods of time when it does not
met the stardards and xnust be closed. Direct marketing means the sale of shellfish ha~~ested without ~~~Iergoing purification (relaying or depuration).
The factors determhhg closed periods nrust be JaxkJn, predictable, and not excessively -lex. The purrxlse of the codtionally approved classification
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is to provide a mcham 'sm, through this management plan, for the declaration
of harvest closures when the growing area does not meet the approved area skaxkds.
No wastewater treatmnt plants (Wwrps) discfiazve effluent to Agua Hedionda
Lagoon, nor to any tributaries to the lagoon. Therefore, no pmhibited areas are required as safety zones arum3 this type of point discharge within the lagoon. There is - - at the present th, hawever, about the possible adverse impact on water quality in the shellfish grow- area within
the lagcon fran &infected effluent dkharged thrmgh ocean artfalls by
the Encina and Oceanside WWI'Fs (Figure 3). A coaperative study involviq the
Sari Diego Ewpcs, the San Diego ccxlnty DM, the lxo dischargers, and the
=/SSP is being planned to help assess the effects, if any, of these
discharges. This study follows a water quality shdy of the Lagoon co- by the SSP in Decmber 1988, which is described in the E/EMB report entitled
%gua Hedionda Lawn, San Diego Caunty, Sanitary Sunrey, 1985-198911, dated
Septenaes 1989 (wells and Price, 1989).
The only mrina, at l3ristOl Cove in the inner lagoon (Figure 2), serves only
very small day-use type boats, and is located abaut one mile fmm the
shellfish Boating activity in the lagoan is discussed in the section on pollution sources. Because of its small size and its distance fran
the growing area, no prchibited area is necessary arad this small marina.
area.
AS in all bays erd estuaries of the state, those parts of Aqua Hedionda Lagwn which are not specifically designated as the maricultural allatment identified in the Shellfish Growing Area Certificate are considered unclassified and prahibited to cawnercial shellfishing activities.
It is a violation of State laws and regulations to culture, hamest, or hold shellfish intended for sale for human food except in or frcm areas which have been specifically identified in a valid Shellfish Wing Area Certificate issued by tliS. The holding of shellfish in unamroved waters prior to on-shore processing, storage, and marbting is a prohibited activity. Shellfish held in uncertified watexs, or in water-filled tanks or containerS
which have not been approved by E for that ~rurpose, are subject to enhrgo
an=i/or destruction by m.
An on-shore M storage facility has been a2=prcnred by D)Is for the SFW operation at Aqua Hediorda lagoon.
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As noted above, th- are no WWI'Fs which disdxxye effluent directl YtoJKW
Hedionda Lagoon or to any of its tributaries. lhere are, however, two WWIPs, the Oceanside and the Encina facilities, which disd.large effluent to the ocean
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in the near vicinity of Aqua Hedionda Lagoon (see Figure 3). Both plants currently discharqe effluent receivhq full tseatment, kut with no disinfection.
The EWQCS issues Waste Discharge to the Oceanside and Emina
WWTPs. These docunmts include perfoxmance standards designed to protect the
water quality of the lagoon for the beneficial use of shellfish harvesting.
~n addition, E&9cB amducts ms&eduled site inspections of the to
ensure cmpliance with its waste dixharge rquhments. IwQcs provides
copies of the Waste Dischaqe , periodic Facilities -on Reports, and armual reports for these plants to the m/SSP Lanpoc office.
lhese documents are miewed by m/SSP staff and maintained in the prugram's
file .
The City of oceanside WWI'P dixharges amroximately 12 million gallons per day (nqd) of undisinfected effluent via a diffuser located 8,050 feet offshore in 102 feet of water. 'Ihe discharge point is about 2.0 nautical miles northwest of the entrance to Aqua Hedionda Lagoon (see Figure 3).
The Encina tJwrp, operated by the Ench Administrative Agency (m), serves
six jurisdictions, includbq the City of Carlsbad, and discharges approximately 20 mgd of undisinfected effluent via a diffuser about 7,000 feet offshore at a depth of betkeen 135 and 165 feet (the depths at the ends of the 800-feet-lorr~ diffuser). The discharge - is abart 2.0 nautical Nles & of the entrance to Aqua Hedionda Lagoon (see Figure 3).
The water quality study mrducbd in Decenbx 1988 (Wells ard price, 1989),
together with analyses of data obtained frm the lagoon prior to the stuiiy and subsequently, stmngly suggest that when certain ocean current and other hydrographic corrditions are met, diluted effluent fran either or both of these
outfalls can enter the Lagcon and can have an adverse effect on water and
shellfish meat quality in the maricultural area. Additional studies, as
noted, are being planned to further investigate the mct of these point
discharges on the lagoon.
of the WaterSkd of tb TacpOn. UXKt is [Wl!E: Wemelabetter-
its extent, vbat streams -the TatpOn, uhat is cnw (dairies, pig farns, hiustxy, etc.), am there septic systens, etc.?]
..
(1) Inlividml Waste Treatment systenrs. The City of carlsbad and all the imnedla ' te environs of Hedim Lagoon are served by a sewer system tied into the Encina W. Danrestic dwellings, businesses, and farms that utilize on-site waste disposal systems are sparse in the watershed, and none are locatd directl y adjacent to the shellfish
graWing area. Files maintained by the City of Carlsbad and the County of
San Diego indicate that malfunctioning systems are very rare, and that this is an unlikely souroe of non-point scuxe pollution.
(2) Wcipal sewage Collection systems. One potential non-point source of pollution could be malfunction and resulting spills or
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overflm fmn the mini sewage collection system. Such mdlfunctions have been my rare. If they OCCUT, the Encina Administrative
~sency (EAA) is required to notify the RQCB as soon as the problem is discovered. Additional notification prmedums are prescribed belaw for the EAA and the City of Carlsbad in the event of spills or averflaws that may affect the lagoon.
(3) Urban Ftumff. Carlsbad, a city of 70,000 persons, surrourds the w. Street and stomdrain runoff fmn the city no dmbt contributes pollutants to the lagoon. Howwer, because heavy rainfall is
inf- in this part of the state, urban runoff does nut preserrt an oxpiKJ m of non-point pollution: and, as described later,
cclltrnrercial shellfish harvesting is suspended during and following rainfall evmts to allow time for water and shellfish in the lagoon to return to acceptable levels of cleanliness.
Inlustrial Lard Runoff. ?he prm industr ial activity on the lagoon watershed is the San Diego Gas and Electric Cmpany's Pnwer Plant situated inmedm ' tely south of the outer lagoon. The power plant
draws water frcan the outer Lagoon for its cooling systems, which is then
discharged to the ocean. It is the finding of the San Diego T&JQcB that ial wastes are entering &pa Hedionda Lagwn frm this power ial activities on the watershed. no- plant, or frcan any other small industr
(4)
(5) Accidental Spills. The lagoon is cmssed adjacent to the
by the Santa Fe Railroad, and abut 1000 feet inlard by the There is sane potential for spills of g-ruwirq San Diego FreaJay (Interstate 5).
toxic substances resulting frm accidents along these corridors.
(6) Agriailtural Runoff. Agriculture on the lagoon watershed is primirily m crops, e.g., strawberries, corn, taMtoes and flmers. mere are no dairies, pig farrns, chicken ranches, or other livestock operations which concentrate animals in amfined guarters, except for a
few smll horse stables several miles inland.
(7) Wildlife and Damestic Animals. Wildlife in the lagoon
watershed area hludes deer, coyate, fox, and rabbit. Totdl mmwlian wildlife populations on the watershed are fairly luw, and it is believed that their ocanbined impact on water quality in the lagoon is negligible. Waterfowl and other bird populations, however, fluctuate widely during the year. Although no bird census fiw are available, it is possible
that bircl populations do impact water quality at certain times of the year. studies need to be amductd to assess this patential non-point pollution source.
DQnestic animal poplatiom are CQLPTised primarily of dogs and cats in the urban areas ard cattle and horses elsewhere on the watershed. lhnd runoff, it occurs, no doubt contains fecal wastes frcan these deic animals. The impact on water quality in the lagoon, hwever is
difficult to assess. ~ainfall-based hamest closures help to minimize
this m of non-point source pollution.
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(8) Marinas and Boating Activity. W is only one marina in Hedionda Lagoon, the Bristol Cave Marina (Figure 2). 'Ibis marina has abut 100 slips for smdll boats, each of which is assigned to a unit of a large COndQninium canplex. Another area, known as Snug Harbor, has a boat ramp and sane boat rentals. 'Ihere is a relatively luw levd of boating activity in the lagoon, confined solely to the middle and inner sections. Because of the relatively small size of the lagoon and the fact that boat traffic beheen the middle and cuter parts of the lagoon (and therefore the ocean) is not allowed, all boats are smdll and for day-use only. No 1ive-aboa.rd boats are present. It is unlikely, therefore, that the marina and the other boating activity constitute anythhqkrtaveryrninor-of fecdlcontarmM ' tion.
(9) campiq. Fenstiondl camping is not allowed in the arcxud the lagoon. HawWer, transients and mi- fan labarers occasionally set up squatters' camps near the inner lagoon. such camps are an obvious source of pollution, and efforts are made by locdl authorities to discourage this type of activity.
6. Qcsum and wotificatim Prooedures
RLis maMgement plan constitutes an agreement ammq the certified ccarnrercial shellfish harvester in Agua Hedionda Lagoon and apprupriate State and locdl agencies, to ensure enrergency notification and subsequent grow- area
closures in the event of sewage or toxic materials spills which might
adversely affect the gmwing area and the safety of shellfish harvested
therefrom.
?he leryth of emergency closures follawing sewage or toxic chemia spills will vary, and will depenl on such factors as the volume spilled, the location of the spill, the h- 'c corditions of the lagoon at the time of the spill, tides, rainfall, etc. EE/SSP will initiate an investigation of the effects of the pollution on water and shellfish mat quality as soon as mnably possible. CHS will rwpen the lagoon as soon as it determines ,on the basis of the abwe factors and sampling data, that the gmwing waters and shellfish meats do not pose a public hedlth risk.
procedures to be followd in the event of a discharge of raw or undisinfected sewage or other significant pollution or contamma * tion to Agua Hediorxh Idgoon
or its tritutaries are:
a. SanDiego~~waterQudlity~Board. RaeabsenceofWX'Fs
which discharge effluent directl y to Aqua Hediorda Lagoon or its tritutaries
makes it unnecessary to develop formal notification pmcedues specific Nonetheless, the Fi5QCEt will notify the =/SSP as soon as possible of malfunctions of the Encina and Oceanside WEs, and of any leaks or overflows of the mina W collection system, and of any other
pollution event which might adversely affect water and shellfish quality in
Agua Hediorda Lagcon.
and the SSP.
-11-
Pollution werrts to be reported by the RPQCB include, but a~ not limited to: o ~ny malfunction of the Encina or Oceanside WWIF which restits in the discharge of untreated sewage or pr- effluent to the ocean;
0 Any break in the ocean disd.large line of the Eslcina or Oceanside WWIF which results in the discharge of effluent at a point closer to the
shoreline than required by the waste dischaqe permits;
0 Any break, overfl~w, or other malfunction in the sewage collection system of the Encina WWIF which might cause raw sewage to enter hgua
HediOIda Lagoon, and;
0 Any discharge of toxic chemicals, pesticides, petroleum or petroleum
products, or uther contaminants to the ocean cutside Aqua Hedionla Iagm or to the lagoon itself which dd pose a threat to water and shellfish quality in the shellfish ping ar~~ of Agua Hedionda Lagoon.
b. City of carlsbad, -. Intheeventofasewage spill or collection system bypass which results in a potential or actual discharqe of sewage which may adversely affect water and shellfish quality in
Agua Hedionda Lagoon, the City of Carlsbad will irrpneaiately notify SBafarnrS
west, W., and will notify the =/SSP as soon as possible thereafter.
*ve Agency. Ihe FAA will notify Seafanns West c. Emha - inunediately if the sewage pump station located near the south erd of the Santa Fe Railroad Bridge over Aqua Hediorda Lagoon fails, causing a sewage spill.
?his pump station is located on shore directl y next to the shellfish gruwing area.
..
d. San Dkp Divisim of Heal=. ?he San Diego Caunty DEH will notify the cHs/SSP as soon as possible of any pollution events that - to its attention, such as sewage spills, discharges of toxic
chemicals, pesticides, or petroleum prducts, which may pose a threat to water
and shellfish quality in Aqua Hediarda Lagoon. If an irrpninent public health risk appears likely as a dt of a pollution event, the DEH will notify seafarnns west diE&l y. It is the responsibility of the Caunty DEH to post areas closed to sport shellfish hamesting, and to inform the public of such closures thraugh news media releases.
(1) If it has any knuwledge or report of any ContarmM ' tion of Aqua
HedianQ Lagoon, or of any suspected illness resulting fiam the
consumption of shellfish harvested fmn Aqua Hedionda Lagoon, SFW shall notify the =/SSP inmediately by telephone.
(2) If it has knuwledge or report of a CcntarmM ' tion, and it
cannot, bemuse of the haur or day of the week, amtact the DHs/SSP, SFW shall suspend harvesting operations, and sball not resum such operations until amroval to do so has been received fmn WS.
(1) upon notification of a pollution event, the m/SSP, in consultation with the E9QCB and the San Diego caunty DEH, will consider
P
-12-
the extent and severity of the discharge and will detennine if &pa
Hedionda Lagoon should be closed to -ial wor sport shellfish
harvesting.
(2) If an enexyemy closure of the lagoon to shellfish harvesthq
is deemd necessary, the =/SSP will inform the ccnrmercial harvester by telephone of that decision. A written amfhtion that the lagoon has been closed will be sent by the SSP to the grower within 2 working days
after the telephone cammication. If a cl- is need& to protect
sport shellfish harvesters, the =/SSP will work with the Ccxnrty DM to
detenolne ' the location and scape of sport shellfish closures in the area.
IHSpSP will inform DFG and the Oanrty CW of all ccnrmercidl and Sport shellfish hamesting clofllres that are established because of pollution
WeITtS.
(3) DcLs/SSP will notify the caprpnercial harvester, DE, and the
\ Ccxnrty DM bmdiately by telephone whm a decision has been made to reapen the lagoon. Written confirmation will be sent to the harvester within 2 wrking days after the telephone notification. ,$ -:+
A 7. Rainfall am ard Ncrtificatim Pmcdums
-&
\,
-3
\ Hedie Lagoon is classified as a conditionally appruved growing area, Rainfall clcsures are based on meaflu;-ements with cl-m n rainfall. taken by -6-4 Municipal Water District in Carlsbad.
?he rainfall closure rule for Agua Hedionda Lagoon is as folluws:
seafarm west's Aqua Hedie Lagoon beds shall be closed when rainfall, as recorded at the costa €hl Municipal Water District office in
Carlsbad, exceeds 0.50-inch during any 24-haur period. 'Ihe closure shall begin 6 haxs after the 0.50-inch level is fhst exceded, and shall en3
4 days (96 haus) following the last hour having measurable rainfall
during any 24-hour period in which the total rainfall exceeded 0.50-inch.
If unusually hewy or prolonged rainfall, overloading of wastewater collection or treamt facilities, sampling data, or other factors Mate that an extension of a rainfall closure period is mcessaq to ensure the Wity of
harvested shellfish, ccLs/SSP may order the closure period extended beyond the time set forth above.
SFW is required to contact the costa Redl Municipal Water District as needed
during periods of rainfall to deterrmne if a closure is in effect. It is the
responsibility of SFW to obtain aurent rainfall infomation, and to cease
hanresting aperations, as necessary, in response to the closure rules spelled
out in this management plan.
To help ensure catpliance with the closure rules, SFW shall keep mxds of daily rainfall measurements at the costa Red. Municipal Water District, as well as the dates and times of all harvesting activities, for all nronths during which an emeqency or rainfall closure was in effect. These records
-13-
shall be kept on the form included as Apperrllx * A. Canpletedfonnsshallbe maintained in a file at the hamester's place of business for no less than tm
years. WSF also shall maintain a telephone answering senrice or -der and provide the telephone number to E/SSP.
=/SSP will monitor ccnnpliance with the seasondl ard rainfall closure rules by various means. It will review the gmwer records of rainfall and hamesting dates. It will spot check by telephone to obtain rainfall
-ts and ascertain whether the grower is open or closed. And W or DFG patrol personnel will field check the gruwhq area at least twice ach season to look for hamesting activity during closed periods. DHs shall
maintain records of all campliance dtoring activities and findings.
Three documents have been prepared to describe the activities of W/SSP
(inc1udi.q that part of the program administered by FDB), ard DFG in preventing illegal hamesting of shellfish, prevmting the movemmt of contaminated ar4/or toxic shellfish into avenues of caarpnerce, and for ensuring
the pmper handuing and identification of shellfish after hamest. These documents are: 1) The Mou &Ween DFG and W, signed June 1988; 2) the DE
patrol policy -t; and 3) the DHs qement Plan for Paralytic Shellfish
misoning in California, released in draft March 1990. Because these
documents apply to the statewide SSP, they will be incorporated into a EHS
Shellfish sanitation Program operating Prooedures Doarment (state SSP
Managenutnt Plan).
In the Agua Hedionda Idgoon area, the DFG, Wildlife Protection Division
(Region V) is based at 330 Golden Shore, Suite D, Lmq Wch, CA 90802. DFG
maintains patml of anas with significant naturally-occurring shellfish for illegal comercial hamesting. DE patrol activities generally are concentrated during periods of lm tides, although enforcemnt activities
may occur at any th. DFG officers have a broad range of enforcement duties, shellfish being only one part of their responsibilities.
The illegal harvesting, for colrrntrercial sale, of shellfish fran kpa Hediorda Lagoon, or of s~a mussels (Mvtilus californianus) fran the open coast, is
extremly rare. No recent cases have been reported to the SSP.
DFG also makes periodic checks for the illegal marketing of uncertified shellfish by of market and restaurant inspections. 'Ihis activity also
is carried aut by the San Diego County IMI. Shellfish in the marketplace are
kpcted for proper identification and records of purlmse. The Caunty DM or the State FDB can confiscate and destroy any shellfish which lack proper identification or have been subject to inproper handling or storage. DFG can
take similar action if shellfish lack pmpr identification.
The pruvisions of this nmagment plan as it applies to the obligations of the ccarnrercial shellfish ham- are enforced by LEE. DE, for example, is not directly involved in ensuring ccmpliance of certified hamesters with rainfall
closure rules, or with emeqency closures resulting fmn elevated levels of
-14-
psP or a toxic miterials spill. DE, hamver, is notified of all emergency hamest closures issued by W, so it can assist Ms in makjng sure carpnen=ial
hamesting is not taking place. Generally, DFG would notify the Ms SSP if it faurd violations or suspctd violations of closures established by w under the pawers of the Health and Safety code. It shculd be noted that violations of emergency closures by the certified shellfish hamesters in Agua Hedionda
Lagoon waild be an extremely unlikely event.
water quality in Agua Hedim Lagoon is mni- cr~ a monthly basis. Ihe
Ms SSP Shellfish Sanitation specialist at Lrcrrpoc has lead responsibility for this dtorhq effort. Four prhwy -ling stations have been designated. They are Shawn as Stations 3, 4, 5, and 6 on Figure 4. In addition, a nunker of secondary sanpling stations have been designated, which are sampled at less frequent intervals (Figure 5). TW stations, shown as 1 and 2 on Figure 5 pertain to the wet storage facility, and are sampled monthly.
'Ihe SFW hamest boat is used for the ruutine saqling.
by the DHS Sanitation and Radiation Laboratory at Berkeley. samples are &ped
If water quality data obtained during periods when the lagoon is apen to
harvesting (acoording to the rainfall closure rules in effect) exceed a- fecal coliform standards [the median or gemetric mean of samples exceeds 14
mDst probable rnmrber (MRJ) per 100 milliliters (ml), or more than 10 percent of saqles exceed 43 W], E/SSP will initiate an investigation to determine
the soume of the pollution.
AS part of its investigation, Ms/SSP will -le the lagoon as soon as possible. If elevated bacterial counts persist, DHS will consider closing the lagoon until the cause can be identified and corrected. DHS will make inquiries to the EWQCB, the county DEH, or other agencies as amrupriate.
If shellfish meat samples are taken, and those samples significantly aced
the market standarrl of 230 MRJ fecdl coliform bacteria per 100 grams of meat,
=/SSP will investigate the causes in the mnner described above.
Dtls/SSP will keep r&gcs, the San Diego DM, and SFW informed of all elevated water or meat sampling data, and the results of investigations
coTlcxucted in response to such elevated cants. If the sc~urce of the pollution
is identified, Ms will notify the rwQcs for corrective action. If the souroe
is not identified and corrected, Ms will reevaluate the area to change its classification or its closure rules as necessary.
Ms/SSP will miew and reevaluate water quality and other sanitary survey
data at least annually in aocordance with pmcedues set forth in the EZSSP
W of operations, part I, section C, to confirm the classifications of
Agua Hedionda Lagoon, and to determine if dmnges are needed in the closure
-15-
des. report issued at the clcse of each calendar year, Decaker 31.
~ts findings will be presented in an annual gmwing area reevaluation
11. mmelxmt of Irnrolvled mrties
The NSSP Manual of crperations, €brt I, Section C.4.d.v., requires that TIhe
~xlrpose of the conditionally amruved area and the conditions of its management plan shall be UrrlerStDod and agreed upon by all parties irnrolved. Failure of any one party to agree shall constitute sufficient justification to
deny creation of a corditionally appruved area."
In accordance with this requirement , authorized persons fran the following
public agencies are requested to review this document and to sign and retun an a- form pruvidd separately:
California Department of Fish and Gam, Wildlife Protection Division California Regional Water Quality Control Board, San Diego Region
San Diego county Department of Health, EsIvironmental Health Div. City of mlsbad, Engineering Department
The agreement sta-t for these public agencies shall read:
The undersigned has read and &erstax% the pupose of the 9conditionally amruvedl classification of the amnnercial shellfish grow^ areas in Aqua Hedionda Lagoon and the conditions of its management plan, dated , and aurees to caqly with the conditions and procedures set forth in the management plan."
Si@ agr==n= - notifications of sewage spills and WI'P malfunctions are not requested fmn the Encina Administrative Agency and the City of oceanside because their WWB aperate &er permit fran the Ewpcs,
which will make the appropriate pmcedwes mandatoLy.
For the amunercial shellfish grcxlfer in Agua Hedio~%€a Lagoon, oonpliance with this mgement plan is mandatoLy as a condition of the Shellfish Growing Area certificate. substantial nonaxpliance my result in suspension or rwocation
of the certificate. An authorized person in Seafarm west capany is
requested to review this document and to sign and return a statement pmvided
separately
The staterent for the carpnercial gruwer shall read:
Illhe undersigned has read and understards the pxpose of the
IconditiOndLly approved@ classification of the carmercial shellfish
growing areas in hgua Hedim Lagoon and the conditions of its rnanagemmt plan, dated , and UTderStards that oonpliance
with the conditions and procedures set forth in the management plan is
mandatory as a condition of &/her shellfish Quwing Area Certificah."
-16-
Signed statements shall be mailed to: California Department of Hedlth -ices, EHSS
714 P Street, Rocgn 600 Sacramento, CA 95814
This managemnt plan will be adopted by order of the Director of Health sewices upon the receipt of signed agreemnts fran all parties listed above.
0 ToinCludeintheWasteDisdmrge~ for all -ter treatment facilities whose wastes could enter Aqua Hedionda Lagoon, including the Eslcina WWI'P and the City of Oceanside m,
performance standards designed to preserve the water quality in the
lagoon for the beneficial use of shellfish harvesting.
0 To prwide a copy ta DHs/SSP of all Waste Discharge and updates or amenchnerrts, proposed or adopted, for any wastewater mmt facilities whose wastes cmld enter Pqua Hedionda Idgoon, including the Encina FJwrp and the City of Oceanside WWP.
0 To praride a copy to ccLs/SSP of all Facilities Inspections mrts and annual reports ccanpleted for the Wina WWP and the
City of Oceanside WWI'P.
o TO nutify CCLS/SSP as soon as possible of any pollution events
such as sewage spills, discharges of toxic chemicals, pesticides, or
petroleum proctucts, which may adversely affect water and shellfish quality in Aqua Hedionda Lagoon. Such pollution events include, but
are not limited to:
1. Any malfunction of the Wins or mide b&?I'P which
results in the dkdmqe of untrdxd sewage or primaxy effluent to the ocean:
2. Anybeintheoceandischarge line of the Encina or
Oceanside Wwrp which results in the discharge of effluent at a
disdmrge permits;
point closer to the shoreline than required by the waste
3. Any break, overflow, or other malfunction in the sewage collection system of the Eslcina Wwrp which might cause raw
sewage to enter Aqua Hedim Lagoon, and;
4. ~ny dkdmqe of toxic chemids, pesticides, petroleum or
petroleum products, or uther contaminants to the ocean autside
Aqua Hedim Lagoon or to the lagoon itself which axld pose a
threat to water and shellfish quality in the shellfish grow- - of Aqua Hedionda Lagoon.
-17-
0 To include the following in the Waste Discharge issued to the Eslcina Administrative Agency:
1. To notify the Wfarnrs West Cupany immediately, a& to
notify the I&gcs as soon as possible of any sewage spill or bypass fm the sewage pmp station located near the south end
of the Santa Fe Railroad Bridge next to Agua Hedionda Lagwn.
2. To develop and maintain written notification pmcedums incorpoxating the above pmcedure, to post the prpaedures at the facility, and to prwide a copy of the current pmcedums documerrt to ms/ssP.
o ~o notify the afarnrs West ccmpany irrpneaiately, and to notify the W/sSP as soon as possible of any sewage spill or bypass from the sewage collection system operated by the City of Carlsbad which
results in a potential or actual discharge of raw or inccanpletely treated sewage that may adversely affect water and shellfish quality in Aqua Hedionda Lagoon.
o To develop and maintain written notification procedures incorporating the above pmcedure, to post the procedures at the facility, and to pravide a capy of the current pmcdures doannent to cHs/ssP.
o ~o notify =/SSP as soon as possible of any pollution events,
such as discharges of toxic chemicals, pesticides, or petroleum
pruducts, which may pose a threat to water and shellfish quality in
Agua Hediorda Lagam.
Wells, P.E. and D.W. Price. 1989. Agua Hedionda Lagoon, San Diego Oounty,
Unp.~blishea report of the CA Dept. of Mth sanitary Survey, 1985-1989. Services, Ebv- ManagementBranch. 62~.
-18-
US. Food and Drug Acbninistration
50 United Nations Plaza, San Francisco, CA 94102 mvid W. Alton, Regional Shellfish Specialist (415) 556-5437
California Department of Health Services
714 P Street, Sacramento, CA 95814
Esrviranmentdl Health Division, Rooan 616
Etw-tAl we Branch, 616
Jack S. McGurk, Chief (916) 322-2308
Dan J. Wmldorf, Chief (916) 445-0498
Env- Health Senrices Section, Roaa 600
FUhs B. Hodell, Chief (916) 322-2040
hreharvest Shellfish Sanitation Program, Fban 600 Kenneth H. Hansgen, Supemisor (916) 324-2205
Dcruglas W. Price, Ph.D., Senior Shellfish Sanitation Specialist
Patrick E. Wells, Sanitary Ehgineerhq Assoc. (805) 733-1696
50 D Street, Suite 205, Santa Rosa, CA 94505
(707 576-2726
P.O. Box 1480, Iranpoc, CA 93436
California Deparhmt of Fish and Gam?, Wildlife protection Division
DeWayne Johnston, Chief (916) 324-7243
Greg Laret, Deprty Chief (916) 322-5202
&rhra &a, Marine Coordinator (916) 323-7640
1350 F'ront Street, Rocan 2041, San Diego, CA 92101
Bill -11, Patrol Captain (619) 237-7311
1416 Ninth Street, Sacramento, CA 95814
Region 5
California Regional Water Quality Control Board - San Diego Region
9771 Clairemont Mesa E3lvd., Suite B, San Diego, CA 92124-1331
Arthur Coe, Esrecutive Officer (619) 265-5114
San Diego County Deparhmt of Health, Division of Esrvhrnwntal Health
Gary R. stepharry, Director (619) 338-2222
P.O. Box 85261, San Diego, CA 92138-5261
Edna AdmMstm tive Asency
6200 Avhtd Eslc-, Carlsbad, CA 92008-017
Richarcl Graft, GenerdL Manager (619) 438-3941
city of carlsbad, Engineering Department
2075 Las palmas Drive, Carlsbad, CA 92009-4859 Lloyd B. Huhbs, City Engineer (619) 438-1161
City of Oceanside, Water and Utilities Department
320 North Home street, Oceanside, CA 92054
Barry Martin, Water and Utilities Director (619) -
-19-
r\
Seafarmswest, Inc.
P.O. Bax 1540, Carlsbad, CA 92008
Richard D. Glenn (619) 438-2444 or 9398
Table 1. Ccmnercial shellfish gmwers and hamesters operating in Aqua Heaiorda Iagoon.
RICHARDD. GUXN 00220 San Diego Gas & seafarnrswest, Inc. Electric 00.
P.O. Box 1540 Carlsbad, CA 92008
(619) 438-2444
5 Outer Lagcon Mediterranean
rmssels
Pacific oysters
SAN DlEGO COUNTY, CALIFORNIA
......
0.
...... .. - .
.... : . .. .. ... . 0. .. -. ......... .. .. ..... .. .. .- .. .... -.
.. . -*
.. . * :
.. .. .. ..... ......
a. . .... ..
e. -. e. .. -. .-.
36 .... c,3(\sp :
.. .. .. .. ..
. .- ... .*. .. ... . , ._
*. , . '.* -. Q 1 2 3 11J~.y.c'
-K- Q I 2 3
...
:*.. \*;-.' *** .
.... a. .. .. ..
- -- - . - .__ - -- -
Fiqure 3.
Oceanside WTP outfall and the Ehcina (Carlsbad) WW"P m-tfall.
Lccation of the Agua Hedionda Lagoon in relation to the
,n 7
Figure 4. Primary Water Sampling Stations in the Aqua Hedicnda Lagoon, San Diego County
i
-.
. . ._. ._... . ._ . - . . -. _-- . .. .. _.. . . . ..
Figure 5. Secondary water-quality sanpling stations, Aqua Hedionda lagoon and
environs, San Diego County, California.
.__._ . . .. , .-. i_L..v..:; . . . . . .. .. _. -. .I. ,._._ “..e .,- . .., -.---*-..--. .... .c -.-*-.-’.---- . . - ._
Amer%3ix A
-'S PKNIKLY REPORT OF RAINFALL AND HARVEST OPERATIONS
(SIDE 1 OF 2)
Hanrester: Grcrwhg Area:
MOWY-: Rain Gauge Location:
This form is for the use of certified shellfish grakpers who harvest fran a
Conditionally approved area. Grower for canpletion and disposition of this form are set forth in the managemnt plan for each
conditionally appmved area.
1
2
3
4
8
9
10
11
12
13
14
15
m
-
-
-
Rainfall (In.)l
KED ON SIDE 2)
"Es: 1. Rainfall for the 24-hour period, fran midnight to midnight, unless atherwise nated under Remrks. Record times of beginning ard campletion of hamest operation. 2.
State of California
Departmerrt of Health Services Form SP 12 (10/90)
sHEL;LFISH -'S M3"LY REPORT OF I?AINl?= AND HARVEST OPERATIONS
(SIDE 2 OF 2)
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Rainfall (In.)l Harvest Times2
GEORGE D€UKMEJIAN, Go-
r-
STATE OF CALI~NIA--+(EALTH AND WELFARE A6dCY
DEPARTMENT OF HEALTH SERVICES
714/744 P STREET
P.9. BOX 942732
SACRAMENTO, CA 94234-7320 (916) 322-2040 September 17, 1990
Mr. Lloyd B. Hubbe
city Engineer
city of carlsbad Enginedng - 2075 Ias palmas Drive
Cdrlsbad, eA 92009-4859
SEP 21 1990
Thank yau for yar letter of July 23, 1990 to Dr. Dxqlas W. Price, Senior shellfish specialist, the Camercial shellfishing operation of
seafarmswest, Ilkc., in~l@uaHedionda~.
ywr first question relates to Item 1 in the letter fruu this agency, wfrich
accmpanied the Shellfish c;rcrwing Area oertificate to seafarms west. It
states, %eafanus west shall not qly to the Hlic any shellfish harvested fmm waters advdy affected by humn sewage, sewage effluent, anixnal
wastes, toxic chemicals, oil, or ather polluhnt~.~ We have fd that the shellfish Qrowing waters in the Acpt HediorK3a Taq#lB1 are not advdy affected by tcoric chemicals, oil, or other chpmicdl poll-. However,
shaild a pollutkm wart m, such as a Ucal or oil spill, Seafarms West isdirected by Item 1 to cease harvesting and not to supply the pblic any
shellfish hanm3td fram the Lagoon. seafarms bkst is further airectea by Item10 to cease harvesting , distrikrtiap1, and sale of shellfish until appmval to opemtions is received bmn the Departnrerrtof Health Services.
turirq atld follcwixq periods of rainpall, a cerlxim ather pollutants fan the watelshed are washed into the Lagoon. Harvest closure periods related to Kainfall are establish& in Item 4 to pmtect the
aummtofaniraalwasteard
oarwrmerfrrrmthistypeoftenporarv a Waterqualiw deg~adation.
It is the finding of .the Depwbmt that the Iagom is not adwxsely iqacted by human SeWqeL, that is, raw sewage as oppo6ed to treated sewage effluent.
by the -, ard the cumercial harvester was all& to reslme opemtians.
Ihe by part of queetiall is - ar not the Agua Hedianda Lagom is
zhbrersely affected by treabd tut undisinfu sewage effllx!nt. As you are a%lElm, m have reason to believe that it is. mestigatims of the wa-
andanalyses of wa- and shellfishmeat quality data frcm the Lagoon stqgest that may be occasional inflows of effluent bmn the ocean. lhese
Haever, as in the case of dmlical amtamum ' ticn noted above, a raw sewage
spill, e.g., fan a p;mnp statim failure or n;lphtred - line, 'kEculd be OenreredbyIteml. wmld-untilarwiewoftheeventwas
influws may be the cause of sparadic elevatims in shellfish meat fecal colifom levels in the mial beds.
As noted in cur sep.rtesd3er 1989 Agua Hedie Iagom study, he see oazasional elevaticms in fecal coliform levels in shellfish meat, kat do nut see
cons- significant elevations in the water. We speculated in the
1989 EEeport abazt the reasons for this apparent poor correlation between water
an3 meat fecal coliform levels. We suggested that the elevations in fecal colifonas in nussels in waters which meet the sbr&rds of the Nationdl
shellfish Sanitation Prcgram (NSSP) for shellfish graJing wabrs may be due to their greater efficiency, amp.. to aysters and clams, to lfemcIve and
coxmtrate coliforms fran the waters in which live. lmis is an
irrterestirrg pcssibility, hxt to my knowledge has not been denmstmkd.
Ihe of fecal colifoms in mssels periods when are nut llmsually high in the water may be due also to highly SpmdiC effluent irrplts
to the Lagoon fran the ocean. FlefZtilq pollution eveTzts, follaEd by tidal
excfianges of clean ocean water, wcmld make it unlikely to Siillplle water at the wise the fecal coliforms are preserrt. The nussels, on the hand, amate the coliform over pericds of time. abey also, no doubt, are smsitive to the of food in the water, in this case coliforms and associated xnicrooxqanisms,, an3 may well speed up their feeding activities to take advantage of pollution hf3cws int0 the Idgoon. The mssels axld then
arollnd them has returned to a relatively clean state.
take up, cmceltmte, and retain the fecal oolifarnr; even the water
It shaild be mted that Item 1 in the Seafarms West pmit letter is intended to address unusual pollution events, such as sewage or ChaniCdL spills. If the Lagom is sham to be dlmnically imyacted by sewage effl-, CIUT decision wwld be ane of reclassificatim, from cmiiti0naI.l~ apprwed to restricted, not ac~e of closure un%r Itan1. aLe question right ly~w is or not the Lagocm is ixpacted by efflumt, and if so, what is the extent of the iqact, and is it -ing over time. am maw wfiich areaurentlyunderimestl 'gation.
until can iderrtify and - the of the elevated fecal colifom cottnts in t2le mssels fran the Idgoon, w aKe zquirhgseaf- hw3t (tAlmugh
in its wet trays @or to . 'Ihis~l~thefecal colifoan levels to w bel- .the all& upper limit set for shellfish meats bythe=.
Itesn8initspermitletter)toholdallshellstockforaminimrmof48harrs
If the sporadic pollutim affecting the shellfish in the LzqOcn CmtimeS, Tm may have to dckJngrade its classificatim fmm its current Wtimally one difficulty in doing ulis is that shellfish growirrg-water classifications, acxxffding to the guidelines of the shw to a Restricted stam.
NSSP, are based on water quality, nut mat quality. lmis is the reason for
prificatim, or depration, pnxdures artlined in the NssP Manualof opemtions.
Mtdk~ 1-81 mm than e- the Mlm formal coatrolled
yam secad question is: "Is it safe for Seafarms West, IE. to contime its biness as it operate^?^' I assum ya~ mean: "Is the pmduct safe to eat?" !me current for holdiq shellstock in the wet storage
trays far 48 hcrurs vides a safe and wholesae If we have to dmqrade the classification to Restrickd, m will pmbbly retain the
m@.mnmt for a 48-hcur holdiq period. Hawwer, the process wmld have to
particularly with respect to water quality nmitor- in the trays, and sauplirrg of the mats to ensure proper cleans-. !me product md mndn
safe and wholesare, but the m@mmmts far the gruwer wculd -re.
be 1.ecognized as "-tion" and this entails ' morestrirrgent aaartrols,
.
Yam last question: What wmld cause water in Bgua Hdbnda Lagoon to bnrrme unsafe for Seafarnr; West, Inc. to amtmue ' as it wy operates?" is
unclear to me. If the fagoogl wexe to be reclassified as Restricted, and we
iupzse stricter sanp1i.q atxi recm3-keepiq relative to the purification (depuration) of the pmhct, the ocmparry dd continue to operate, and as stated, the shellfish wwld retnain a safe food product.
we ShaiLd note that a to the €&strictel classificatim is a fd reccgnition by this of a deteriozation in water quality in a CarraercialShellfishgraJingarea. Dcrwrrgradurg ' a classificatim means that a
Wficial use of a body of water is in jcyIlilzdv and may be lost. Downgrading also raises the question of the type and extent of rptblic wamitqs and restrictims that shaild be established m sport shellfishing activities in the area.
The am thing whi& dd cause Seafanm West to be unable to oopltirare its operatias in W Iqoa~ wmld be an hcmase in pollutiopl leading to chronic gross- tion of #e m. In a si-tion of gross pollution, this
Dqmtynt wwld reclassify the Tagoan as a m8wited8* area in which
shellfishirrg is rrot allall&. we &3 rrat believe, hacrFwer, that any
Such~inOontarmM tion causirrg a prohibited classificatim of the
~aq~an and associa- plblic warnimp abaat shellfishirrg and cman wa-
wxtact sports wculd be tolerated by those agemies 1.espcp.lsible for
the bmeficial uses of am cuastal waters, prcmtug ' aquacultural activities inthestate,orforpmtechq fishandwildliferesaupes.
we hq?e this letter help to myour questials abart the Agua €mior&
Idgoon. If w can be of further assistaxe 8 please do mt hesitate to amtact me at (916) 322-2040 or Dr. Ikuglas E. Ria, -or public Health BiolugiSt at (707) 567-2726.
-.
CC: s. E. Ri&ardscm, Jr. Foodandlbsrg- of Health Services
714 P Street, IbUU 440 -, CA 95814
mtri&E. Wells Envirrrrmnental f3edlth serviaes
of I3ealth servioes !aztion
P.O. Bax 1480
Iaapoc, 93436
R. Flrhbrrr-k 4-a- - *tor -of FishandGame
1416 Ninth Street, 1251
Sacramento, CA 95814
R. A. Oollh Marine Resanws Division of Fish and Game
1416 Ninth -, Fba~ 1236
Sacramento, a95814
G. R. Em- mth serviceg
SanDiegO-I-kalth-
P.O. Bax 85261
San Diego, a 92138-5261
G.
San Diego won California Wonal water Quality -1 Boazd
9771 chhamlt &!sa Baild, Suite B
San Dkp, CA 92124-1331
R. D. Glean
SeafanmsWBst, m.
P. 0. mx 1540 carlsbad, -92008