Groups File Notice of Intent to Sue EPA for Failure to Protect Beachgoers from Water Pollution
June 20, 2013
Riverkeeper Team
FOR IMMEDIATE RELEASE
Press contact: Sean Dixon, Clean Ocean Action 732-872-0111, Policy@CleanOceanAction.org
Tina Posterli, Riverkeeper 516-526-9371, tposterli@riverkeeper.org
Matt King, Heal the Bay, 310-451-1500 ext. 137, mking@healthebay.org
Blair Fitzgibbon, Waterkeeper Alliance, 202-503-6141, Blair@fitzgibbonmedia.com
EPA’s new water quality criteria fail to protect human health as required by the BEACH Act.
NEW YORK, N.Y. (June 20, 2013) – The Environmental Protection Agency has failed to meet its legal responsibility to adopt water quality criteria that address the health threat posed by pollution at U.S. beaches, according to a notice of intent to sue filed by a coalition of local and national organizations concerned about beach water quality. The groups are Clean Ocean Action, Hackensack Riverkeeper, Heal the Bay, Natural Resources Defense Council, NY/NJ Baykeeper, Riverkeeper and Waterkeeper Alliance.
“Too many of America’s beaches are sick – and they’re passing on their illnesses to families across the country,” said Steve Fleischli, Water Program Director at the Natural Resources Defense Council. “But EPA is not doing its job to help make sure we are safe when our families head to the beach.”
More than 180 million people visit coastal and Great Lakes beaches every year, and swimming and surfing are favorite pastimes in the United States. But beach closings due to hazardous contamination remain near all-time highs. In 2011, there were over 23,000 beach closing and health advisory days across the country. More than two-thirds of the closing and advisory days were prompted by dangerously high bacteria levels, indicating the presence of human or animal waste. The underlying culprits are generally improperly treated sewage, animal manure and contaminated stormwater runoff, which have a highly deleterious effect on water quality.
This pollution poses a significant threat to public health. Pathogens in contaminated waters can cause a wide range of diseases – including gastroenteritis, dysentery, hepatitis, and respiratory illness. However, despite these risks, EPA’s latest actions fail to protect people who choose to recreate in coastal waters. EPA has estimated that up to 3.5 million people become ill annually from contact with either overflow of overburdened sewage treatment plants during storm events, leakage from faulty infrastructure, or inappropriate sewage treatment.
“A day at the beach should never make someone sick,” said Kirsten James, Science and Policy Director for Water Quality at Heal the Bay. “EPA missed a major opportunity and a legal mandate to upgrade its recreational water quality criteria to better protect the public from the dangers of polluted water at U.S. beaches. This must be corrected.”
In 2000, Congress enacted the Beaches Environmental Assessment and Coastal Health Act (BEACH Act), requiring EPA to modernize criteria for water quality that would protect beach users from illnesses caused by pathogens, such as viruses and bacteria. EPA updated these criteria in 2012. However, EPA’s 2012 criteria are inadequate and fail to protect public health in several ways:
- EPA’s criteria fail to protect against single day exposures to pathogens.
- EPA now allows water quality samples to exceed contamination levels EPA has determined are unsafe up to 10% of the time without triggering a violation. This approach could mask a serious pollution problem and expose families to an unnecessary risk of illness from recreating in local waterways.
- EPA’s new criteria also fail to address the risk of non-gastrointestinal illnesses – such as rash and ear infections – that result from recreating in contaminated waters. The agency concluded that addressing stomach illnesses would adequately protect the public from other types of ailments.
- EPA’s criteria permit a level of risk that would result in 36 of every 1000 beachgoers becoming ill with vomiting, nausea, or stomachaches. This level of risk is unacceptably high.
Captain Bill Sheehan, the Hackensack Riverkeeper
Deborah A. Mans, the NY/NJ Baykeeper
Phillip Musegaas, Hudson River Program Director for Riverkeeper
Kelly Foster, Senior Attorney for Waterkeeper Alliance
Cindy Zipf, Executive Director of Clean Ocean Action
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