Testing the Waters. A Guide to Water Quality at Vacation Beaches. S e v e n t e e n t h E d i t i o n. Authors. Project Design and Development

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1 August 2007 Testing the Waters A Guide to Water Quality at Vacation Beaches S e v e n t e e n t h E d i t i o n Authors Mark Dorfman Nancy Stoner Natural Resources Defense Council Project Design and Development David Beckman

2 About NRDC The Natural Resources Defense Council is an international nonprofit environmental organization with more than 1.2 million members and online activists. Since 1970, our lawyers, scientists, and other environmental specialists have worked to protect the world s natural resources, public health, and the environment. NRDC has offices in New York City, Washington, D.C., Chicago, Los Angeles, San Francisco, and Beijing. Visit us at Acknowledgments NRDC wishes to acknowledge the support of The Davis Family Trust for Clean Water, John Dawson, Sarah K. decoizart Article Tenth Perpetual Charitable Trust, Geraldine R. Dodge Foundation, Inc., The Joyce Foundation, The Lawrence Foundation, The McKnight Foundation, Charles Stewart Mott Foundation, The Prospect Hill Foundation, The Mary Jean Smeal Clean Water Fund, and Victoria Foundation, Inc. We also thank our more than 650,000 members, without whom our work to protect U.S. coasts, as well as our other wide ranging environmental programs, would not be possible. NRDC would like to thank Tonya McLean and Kirsten Sinclair Rosselot for their research assistance. Thanks also to Rita Barol, Kathryn McGrath, Shanti Menon, Lisa Whiteman, Auden Shim, and Megan Lew for their assistance in producing this report on NRDC s website and to Julia Bovey, Serena Ingres, Elizabeth Heyd, Jenny Powers, Daniel Hinerfeld, Hamlet Paoletti, and Jon Coifman from our communications team for developing our release strategy. Finally, thanks to Henry Henderson, Sarah Chasis, David Beckman, Michele Mehta, Andrew Wetzler for releasing the report for NRDC this year and Natalie Roy and Christy Leavitt for arranging for releases by chapters of the Public Interest Research Group and the Clean Water Network. NRDC President: Frances Beinecke NRDC Executive Director: Peter Lehner NRDC Publications Manager: Lisa Goffredi Contributing Editors: Anthony Clark, Lily Bowers, Jacob Wascalus NRDC Director of Communications: Phil Gutis Production: Bonnie Greenfield NRDC Director of Marketing and Operations: Alexandra Kennaugh Copyright 2007 by the Natural Resources Defense Council. ii Natural Resources Defense Council

3 Table of Contents Executive Summary...iv National Overview...1 Chapter 1 Sources of Beachwater Pollution...14 Chapter 2 Health Risks and Economic Impacts of Beach Pollution...21 Chapter 3 Beachwater Monitoring and Closing/Advisory Practices...33 Chapter 4 Plan of Action...37 Chapter 5 State Summaries...42 Alabama Alaska California Connecticut Delaware Florida Georgia Hawaii Illinois Indiana Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi New Hampshire New Jersey New York North Carolina Ohio Oregon Pennsylvania Rhode Island South Carolina Texas Virginia Washington Wisconsin Figures Figure 1. Total Closing/Advisory Days, (excluding extended and permanent)...2 Figure 2. Reported Causes of Closings/Advisoris in Figure 3. Reported Causes of Closings/Advisories, Figure 4. Sources of Pollution That Caused Closings/Advisories, Figure 5. Sources of Pollution That Caused Closings/Advisories, Figure 6. Major Pollution Sources Causing Beach Closings/Advisories in Figure 7. Expansion of HAB Problems in the U.S...25 Figure 8. Lag Time Associated with Current Water Quality Monitoring and Public Notification Methods...26 Tables Table 1. Rank of States by Percent of Tier 1 Beachwater Samples Exceeding the National Standard in Table 2. Tier 1 Beaches with More Than 25 Percent of Samples Exceeding National Standards in 2006,...7 by Percent Exceedance Table 3. U.S. Ocean, Bay, Great Lakes, and Some Freshwater Beach Closings/Advisories, Table 4. Details on the 62 Waterborne Disease Outbreaks Reported to CDCP: Jan 2003 Dec Table 5. Pathogens and Swimming-Associated Illnesses...23 Table 6. BEACH Act Required Beachwater Water Quality Standarrds...26 Table 7. Value of Tourism to Selected Coastal States...29 Table Federal BEACH Act Grant Allocations to States and Territories...34 Table 9. Number and Percent of Tier 1 Beaches Regularly Monitored in Table 10. Abbreviations Used in Beach Closing/Advisory Tables...44 iii Natural Resources Defense Council

4 Seventeenth Annual Report Executive Summary In 2006 there were more beach closings and advisories than at any other time in the 17 years the Natural Resources Defense Council (NRDC) has been tracking them. The number of closing and advisory days at ocean, bay, and Great Lakes beaches jumped 28 percent to more than 25,000, confirming that our nation s beaches continue to suffer from serious water pollution. For the second consecutive year, we were able to determine not only the number of closings and advisories, but also the number of times that each beach violated current public health standards. This year, a curious picture emerged: while the number of closing/advisory days increased, the percent of all samples exceeding national health standards decreased to 7 percent in 2006 from 8 percent in The culprit is stormwater runoff: the number of closing/advisory days due to stormwater doubled to more than 10,000 in The structures and infrastructures of our coastal cities and towns The EPA missed its congressionally create the conditions for rain to wash infectious bacteria, viruses, and parasites into our beachwater. In fact, in many of mandated deadline to revise the current public health standards the more populated coastal areas, health officials are so sure that heavy rains will wash sewage, nutrients, and debris into for beachwater quality, which are our coastal recreational waters, that they don t even wait for outdated and inadequate. the results of monitoring before taking action to protect the public they close beaches or issue advisories preemptively. In 2006, 79 percent of the closing/advisory days due to stormwater contamination were preemptive. Hawaii, which had record amounts of rain in 2006, accounts for the largest share of preemptive closing/advisory days. Closings and Advisories Increase At High-Risk Beaches For the first time this year, our report puts a special focus on our nation s highest risk beaches those with the greatest amount of use and/or proximity to potential pollution sources. This new area of focus is the result of a peer review process NRDC undertook with five professionals from local and state health agencies, academia, and the research community. States must identify their highest risk beaches when they receive federal Beaches Environmental Assessment and Coastal Health Act (BEACH Act) grants from the Environmental Protection Agency (EPA). We found that closing/advisory days at these so-called Tier 1 beaches steadily increased at a rate of 3 percent per year from 2004 through Heavy rains in some areas, more frequent monitoring, and uncontrolled stormwater and sewage pollution appear to be the major factors contributing to the steady increase. Ninety-seven percent of Tier 1 beaches are monitored at least once a week compared to 79 percent of all monitored beaches. Polluted Water Hurts Coastal Economies Dirty coastal waters not only threaten our health, they hurt our economy. Coastal tourism and recreation constitute some of the fastest growing business sectors enriching economies and supporting jobs in communities virtually everywhere along the coasts of the continental United States, southeast Alaska, Hawaii, and our island territories and commonwealths, according to the U.S. Commission on Ocean Policy. 1 That translates into new employment opportunities: in 2000, U.S. coastal tourism and recreation created 1.67 million jobs, a 41 percent increase from 1990, earning workers $13.8 billion in wages. Annual economic output nearly doubled during the same time period to $29.5 billion. But U.S. beachonomics might have been more robust if it were not for the condition of our coastal waters. Some 45 percent of our waters assessed by states are not clean enough for fishing or swimming, according to EPA data from iv Natural Resources Defense Council

5 2000, the most recent national information available. In 2006, 8 percent of all water samples taken at beaches across the country exceeded the federal minimum public health based monitoring standard, showing no improvement over the previous year. Worse yet, the federal public-health standard is more than 20 years old, does not provide information on the full range of waterborne illnesses that make beachgoers sick, and usually provides information that is hours old. So, even if a beach is deemed safe under the federal public health standard, it may still contain undetected human or animal waste that can make swimmers sick. In the BEACH Act, Congress required the EPA to modernize this outdated standard, but the EPA has not yet done so. Last summer, NRDC sued the EPA to force it to comply with the BEACH Act by accelerating its timetable for proposing new standards, setting standards that fully protect the public, and establishing testing methods that will enable public health officials to make prompt decisions about closing their beaches and issuing advisories. Americans need to know that the waters in which we swim, surf, and dive are safe. At a minimum, that means that recreational waters must be tested regularly, and the results must be measured against effective health standards. When waters do not meet these standards, authorities must promptly and clearly notify the public. NRDC Finds That Authorities Are Not Controlling Beach Pollution Sources While authorities are doing a better job monitoring beaches than in the past, that monitoring reveals the extent to which they are failing to clean up the sources of beachwater pollution. Closings and advisories are rising steadily, and most authorities are not even attempting to identify pollution sources, much less control them. One problem is that BEACH Act grants are currently not available for source identification and correction, so NRDC is supporting federal legislation, the Beach Protection Act of 2007, that would double the amount of funding for BEACH Act grants and allow them to be used for sanitary surveys, source tracking, and other means of identifying and addressing the direct sources of the contamination. Further improvements to monitoring and public notification programs should include expanding them to cover all designated coastal beaches and popular inland beaches. Meanwhile, NRDC s lawsuit is already prodding the EPA to move forward with developing a new health standard and faster test methods. Finally, it is time for the EPA and state and local authorities to seriously address the sources of beachwater pollution, which most often is stormwater and sewage pollution. Prevention is the best way to make sure that a day at the beach will not turn into a night in the bathroom, or worse, in a hospital emergency room. Recommendations for Improving Beachwater Quality and Protecting Swimmers Health The EPA should accelerate its timetable for proposing new health standards for beachwater quality, set standards that fully protect the public, and establish testing methods that will enable public health officials to make prompt decisions about closing their beaches and issuing advisories. The EPA and states should tighten and enforce controls on all sources of beachwater pollution. Controls on sewage overflows, urban stormwater, and other sources of polluted runoff are particularly critical. The best way to prevent swimmers from getting sick is to clean up the water. Congress should pass the Beach Protection Act of 2007, S. 1506, HR 2537, which would reauthorize the federal BEACH Act of 2000, double the authorized funding and allow that funding to be used for identifying and correcting sources of beachwater contamination, require EPA to approve rapid test methods for monitoring beachwater pollution, and improve coordination between the public health officials who monitor the beachwater and the environmental agencies who regulate the sources of beachwater pollution. v Natural Resources Defense Council

6 Congress should substantially increase the federal appropriations available to meet clean water and beach protection needs through the Clean Water State Revolving Fund, federal BEACH Act grants, and eventually, a Clean Water Trust Fund or other dedicated source of clean water funding. The EPA should promptly and effectively implement and enforce the BEACH Act by setting and enforcing minimum standards for all BEACH Act recipients to ensure comprehensive state and local monitoring of beachwater quality and prompt public notification when bacterial standards are exceeded. State and local governments should make preventing beachwater pollution a priority. They should adopt monitoring and closure programs that adequately protect the public, and they should do sanitary surveys to identify and then remedy the sources of beachwater pollution. State and local governments should issue preemptive advisories where a correlation between rainfall and elevated bacteria levels exists or when sewer overflows or other catastrophic events jeopardize beachwater safety. A portion of the revenues generated by tourism should be allocated to monitoring and prevention programs to ensure that swimming in coastal waters does not jeopardize the health of beachgoers. Voters should support increased federal, state, and local funding for urban stormwater programs and for repairing, rehabilitating, and upgrading our aging sewer systems. The public also should support funding for maintaining and expanding natural areas (wetlands, shoreline buffers, coastal vegetation) that trap and filter pollution before it reaches the beach. Individuals can help clean up beach pollution. Simple measures, including conserving water, redirecting runoff, using such natural fertilizers as compost for gardens, maintaining septic systems, and properly disposing of animal waste, litter, toxic household products, and used motor oil can reduce the amount of pollution in coastal waters. Notes 1 U.S. Commission on Ocean Policy, Preliminary Report of the U.S. Commission on Ocean Policy, Governor s Draft, Washington, D.C., April 2004, pp. 2, 7, available at: vi Natural Resources Defense Council

7 National Overview In 2006, the number of closing and advisory days at ocean, bay, and Great Lakes beaches jumped 28 percent to a record high of 25,643 days nationwide the largest percent increase since 2003, when the number of beaches monitored at least weekly doubled thanks to federal BEACH Act grants administered by the EPA (see Figure 1). In 2006, there was a less than 1 percent increase in the number of beaches monitored at least weekly, but a dramatic increase in the amount During 2006, there were 25,643 days of of rain in some parts of the country which appears to the closings and advisories at U.S. ocean, overriding factor for the increase in closing/advisory days. bay, and Great Lakes beaches. Regionally, the largest percent increases from 2005 levels were along the New York New Jersey coastline (96%) followed by the West (91%), New England (75%), the DelMarVa Penninsula (43%), and the Great Lakes (7%). There were overall decreases in closing/advisory days in the Gulf ( 14%) and the Southeast ( 3%). In 2006, the percent of all samples exceeding national health standards decreased to 7 percent in 2006 from 8 percent in Regionally, the highest percent exceedances were along the Great Lakes shoreline (14%), followed by Western states (8%), the DelMarVa Penninsula, the Gulf, New England, and New York New Jersey (each at 6%), and the Southeast (3%). Across the United States, beach officials continue to use traditional methods that require about 24 hours to detect bacterial indicator levels in beachwater samples. Some states, such as California and New Jersey, are piloting rapid testing methods that could provide results in about four hours. At least some communities in seven states (Indiana, Maryland, Ohio, New Hampshire, New York, South Carolina, and Wisconsin) are using or developing computer models that allow them to predict bacterial indicator concentrations in about an hour using physical measurements at the beach, such as rainfall levels, wind speed and direction, tides, and wave heights. At least some communities in 15 states preemptively close beaches or issue an advisory based on rainfall levels alone (California, Connecticut, Delaware, Florida, Hawaii, Maine, Mississippi, North Carolina, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, South Carolina, and Wisconsin); Louisiana is developing preemptive rainfall standards. Major Findings This section provides a national perspective on the major findings of NRDC s Testing the Waters report regarding 2006 beachwater quality, closings and advisories, sources of pollution, associated health risks, and economic impacts. For more information on state programs and specific beaches, see the individual state summaries in Chapter 5. Beach Closings/Advisories and Pollution Sources During 2006, U.S. ocean, bay, Great Lakes, and some freshwater beaches had 25,643 days of closings and advisories, 73 extended closings and advisories (seven to 13 consecutive weeks), and 69 permanent closings and advisories (more than 13 consecutive weeks). Including extended days, the total comes to 29,785 beach closing and advisory days. Since 1992, there have been more than 155,286 days of closings and advisories and 562 extended closings and advisories. (See Figure 1 and Table 3.) The number of beach closing and advisory days increased 28 percent to 5,568 days in 2006 (see Figure 1). The two major factors leading to the increase in 2006 appear to be heavy rainfall in some areas, particularly Hawaii, and Natural Resources Defense Council

8 Figure 1. Total Closing/Advisory Days, (excluding extended and permanent) Closing/advisory days Thousands of Closing/Advisory Days Beaches monitored at least weekly Thousands of Beaches Note: Because of inconsistencies in monitoring and closing/advisory practices among states and the different levels of data submission over time, it is difficult to make comparisons between states or to assess trends based on the closing/advisory data. unaddressed bacteria-laden stormwater and sewage pollution that contaminate beachwaters. The percent of beaches monitored at least once a week remained steady at 79 percent. The continued high level of closings/advisories is an indication that regular monitoring continues to reveal serious water pollution at our nation s coastal, bay, and Great Lakes beaches. Figure 2 (page vii) shows that 15,738 (63%) of the 2006 beach closings and advisories were issued because water quality monitoring revealed bacteria levels exceeding health and safety standards. Major causes of beach closings and advisories in 2006 were as follows (see Figure 2): 63 percent (15,738) were based on monitoring that detected bacteria levels exceeding beachwater quality standards (a decrease from 75 percent in 2005); 33 percent (8,334) were precautionary, due to rainfall known to carry pollution to swimming waters (an increase from 21 percent in 2005); 4 percent (966) were in response to known pollution events, such as sewage treatment plant failures or breaks in sewage pipes. In other words, localities did not wait for monitoring results to decide whether to close beaches or issue advisories (an increase from 3 percent in 2005); Less than 1 percent (89) was due to other causes, such as dredging and algal blooms (a decrease from 2 percent in 2005). Major pollution sources listed as responsible for 2006 beach closings and advisories include the following. The total is greater than 25,643 and 100 percent because more than one source may have contributed to a given closing or advisory (see Figure 4): 2 Natural Resources Defense Council

9 Figure 2. Reported Causes of Closings/Advisories in 2006 Preemptive due to rain known to carry pollution to swimming waters In response to known pollution event without relying on monitoring. Based on monitoring that detected bacteria levels exceeding standards Other reason Figure 3. Reported Causes of Closings/Advisories, Thousands of Closing/Advisory Days A-Monitoring B-Response C-Preemptive Rainfall D-Other Key: (A) Based on monitoring that detected bacteria levels exceeding standards. (B) In response to known pollution event without relying on monitoring. (C) Preemptive due to rain known to carry pollution to swimming waters. (D) Other reason. Unknown sources of pollution caused 14,167 closing/advisory days (54 percent of this year s total) a decrease of 435 days from 2005 plus 58 extended and 37 permanent closings or advisories. Sewage or stormwater discharges usually cause elevated bacteria levels, but efforts to determine the causes of increased bacteria levels have not kept pace with new or more frequent monitoring practices; Polluted runoff and stormwater caused or contributed to 10,597 closing/advisory days (40 percent of this year s total) an increase of 5,264 days from 2005 plus three permanent closings or advisories; Sewage spills and overflows caused or contributed to 1,301 closing/advisory days (5 percent of this year s total) an increase of 402 days from 2005 plus six extended and two permanent closings or advisories (includes combined sewer overflows, sanitary sewer overflows, breaks or blockages in sewer lines, and faulty septic systems); 3 Natural Resources Defense Council

10 Figure 4. Sources of Pollution That Caused Closings/Advisories, 2006 Unknown Polluted runoff, stormwater or preemptive due to rain Sewage spills Other Totals shown are greater than annual totals because more than one pollution source may have contributed to each closing/ advisory. Figure 5. Sources of Pollution That Caused Closings/Advisories, Thousands of Closing/Advisory Days A-Sewage B-Rain/Runoff/Stormwater C-Unknown D-Other Totals shown are greater than annual totals because more than one pollution source may have contributed to each closing/ advisory. Key: (A) Sewage spills and overflows. (B) Polluted runoff, stormwater, or preemptive due to rain. (C) Unknown. (D) Other reasons (including those with no source information provided). Elevated bacteria levels from miscellaneous sources, such as boat discharges or wildlife, accounted for 410 closing/ advisory days (2 percent of this year s total) an increase of 77 days from 2005 plus two extended and 28 permanent closings or advisories; Preemptive rainfall advisories, usually due to polluted stormwater or sewage overflows, accounted for 8,334 closing/ advisory days (33 percent of this year s total) an increase of 4,005 days from Natural Resources Defense Council

11 Beachwater Quality For the second consecutive year, NRDC used the percentage of all beachwater samples collected in 2006 that exceeded the BEACH Act required daily maximum standards to compare water quality at beaches ringing our nation from the Pacific Northwest to Southern California, from New England to the Florida Keys, and all along the U.S. Great Lakes shoreline. For marine waters, the standard is 104 enterococcus colony forming units per 100 milliliters (ml) and for the freshwater, the standard is 235 E.coli colony forming units per 100 ml. For the 2006 beach season, the NRDC dataset includes monitoring results for 109,950 samples at 3,492 beaches and beach segments (most state and local officials divide longer beaches into manageable monitoring segments). Nationally, the percent of all samples exceeding the BEACH Act standard remained constant at 8 percent between 2005 and Sources of Information For the fourth consecutive year, our research for Testing the Waters is based primarily on the EPA s new electronic reporting system designed to meet the requirements of federal BEACH Act grants to all 35 coastal and Great Lakes states and territories. From 1998 through 2003, the report had been based on the EPA s annual Beaches Environmental Assessment, Closure and Health (BEACH) Program survey, supplemented by NRDC interviews with state and local officials. The EPA s electronic reporting system replaced the BEACH survey. Although it is improving, there are still technical problems with EPA s electronic data submission system. In some cases, the EPA s 2006 closing/advisory or beach detail data were incomplete or inaccurate and were replaced or supplemented with data requested by NRDC and received directly from the states. In three cases, the EPA closing/advisory data were completely replaced with data received directly from the state (California, Rhode Island, and Washington). NRDC updated the EPA s state beach lists with information solicited from all 30 coastal and Great Lakes states and contacted state and local officials with specific questions regarding their beach programs. In addition to closing/advisory data, NRDC has compiled and analyzed, for the second consecutive year, each state s beach monitoring results. With these data, we are now able to present a comparative analysis of water quality at beaches across the United States thanks to provisions of the BEACH Act which require the EPA to collect and publicize beach monitoring data from all states receiving BEACH Act grants. NRDC obtained 2006 beach season monitoring data through the EPA s STORET data warehouse (the EPA s main repository of water quality monitoring data) for 26 states (Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, Texas, Virginia, Washington, and Wisconsin). EPA data for California, New Hampshire, and Washington were found to be in error, so NRDC requested and received monitoring data directly from these states. Data for Indiana and Pennsylvania beaches were not available through STORET; they were obtained directly from these states. Lake County in Illinois provided monitoring data for Lake Michigan beaches in its jurisdiction, but no data were obtained for Lake Michigan beaches in Cook County the Illinois Department of Public Health is the only agency in all 30 coastal or Great Lakes states that did not provide 2006 monitoring data to either the EPA or NRDC. NRDC included U.S. territories for the purpose of comparing total closing/advisory days to earlier years. However, we did not include them in our more detailed 2006 beach season analysis by state in Chapter 5. Special Focus: America s Highest Risk Beaches For the first time this year, our report puts a special focus on our nation s highest risk beaches those with the greatest amount of use and/or proximity to potential pollution sources. States must identify their highest risk beaches when they receive federal Beach Act grants from the EPA. We found that closing/advisory days at these so-called Tier 1 beaches steadily increased at a rate of 3 percent per year from 2004 through Heavy rains in some areas as well as more frequent monitoring appear to be the major factors contributing to the steady increase. In 2005, 97 percent (1,834) of Tier 1 beaches were monitored at least once a week compared to 79 percent of all monitored beaches. This is an increase from 2005 when 94 percent (1,765) of Tier 1 beaches were monitored at least once a week. 5 Natural Resources Defense Council

12 In 2006, Tier 1 beaches in Ohio, Indiana, Wisconsin, Illinois, and Rhode Island ranked highest in percent of samples exceeding national standards. It is important to note that a top-ranking state, while a clear indication of dirty coastal recreational waters, is not necessarily an indication of a bad actor. For example, Ohio and Indiana always issue an advisory when a sample exceeds the standard; they do not wait for the results of a resample, or check other conditions first as some other states do. Although Rhode Island does wait for the result of a resample before taking action, it has the highest average closing/advisory days per beach among the top ranking states indicating that the public is frequently notified when conditions are unsafe. Ohio goes even further by monitoring more of its Tier 1 beaches more frequently than once a week (see Table 1). Table 1. Rank of States by Percent of Tier 1 Beachwater Samples Exceeding the National Standard in 2006 State Total Samples Percent Exceedance 2006 Tier 1 Beach Closing/Advisory Days Average Closing/Advisory Days Per Tier 1 Beach Percent of Tier 1 Beaches Monitored More Frequently Than Once a Week Resample or Other Information Needed Before Action OH 1,066 22% % no IN % % no WI 1,960 16% % no IL 3,682 15% % no RI % % yes MN % % no MD % % yes NY 2,431 13% % sometimes ME % % sometimes SC 1,300 12% % yes PA 1,502 11% % no CA % 4, % no MS 1,221 9% % no MA 702 8% % no TX 4,243 8% % sometimes AL 326 6% % yes FL 15,729 6% 2, % yes WA 3,299 5% % yes MI 2,470 4% % sometimes CT 914 4% % yes GA 884 4% % no HI 3,070 3% % yes NH 622 3% % no NJ 3,894 3% % yes OR 435 3% % no LA 167 2% 5 1 0% yes NC 3,057 2% % no DE 299 1% 0 0 0% yes VA 886 1% % no 6 Natural Resources Defense Council

13 NRDC identified 92 beaches in 19 states that exceeded the standard more than 25 percent of the time (California, Connecticut, Delaware, Florida, Illinois, Indiana, Maine, Maryland, Michigan, Minnesota, Mississippi, New Jersey, New York, Ohio, Rhode Island, South Carolina, Texas, Virginia, and Wisconsin) (see Table 2). Those violations are pretty good indications that the beachwater was contaminated with human and animal waste, and that beachgoers were either swimming in that waste or banned from doing so due to the health risks. Table 2. Tier 1 Beaches with More Than 25 Percent of Samples Exceeding National Standards in 2006, by Percent Exceedance State County Beach Monitoring Frequency Total Samples Percent Exceedance WI Sheboygan Kohler Andrae North Picnic 4/wk 51 61% NJ Ocean Beachwood Beach West 1/wk 35 60% MD Cecil Hacks Point 1/wk 10 60% WI Sheboygan Kohler Andrae North Beach 4/wk 52 58% WI Sheboygan Kohler Andrae Nature Center 4/wk 51 57% WI Sheboygan Kohler Andrae South Picnic 4/wk 51 57% CA San Mateo Venice State Beach 1/wk 35 57% MD Kent Bay Country Campground And Beach 1/wk 16 56% IL Cook Jackson Park Beach 5/wk 71 54% CA Los Angeles Avalon Beach-North of GP Pier 1/wk 34 53% MD Kent YMCA Camp Tockwogh (Youth Camp) 1/wk 16 50% FL Dixie Shired Island 1/wk 34 50% DE Sussex Delaware Seashore State Park, Tower Road Bayside 1/wk 18 50% TX Nueces Ropes Park 1/wk 69 48% IL Lake North Point Marina North Beach Daily 90 47% FL Taylor Dekle Beach 1/wk 37 46% CA Orange Doheny State Beach-Surfzone At Outfall 2/wk 85 45% SC Horry Myrtle Beach City of-withers Swash 1/wk 45 44% OH Cuyahoga Villa Angela St. Pk. Daily 72 44% MD Kent Ferry Park 1/wk 16 44% ME York Goose Rock (Kennebunkport) 5/wk 23 43% FL Taylor Keaton Beach 1/wk 37 43% MD Cecil Red Point Beach 1/wk 7 43% OH Cuyahoga Euclid St. Pk. 4/wk 72 42% MN St Louis Beach: Lk Sup, Park Point, Southworth Marsh, Duluth 2/wk 63 41% MD Kent Tolchester Marina And Beach 1/wk 22 41% CA Sonoma Campbell Cove State Beach 1/wk 37 41% CA Los Angeles Santa Monica State Beach-Santa Monica Canyon 1/wk % NJ Ocean Money Island 1/wk 20 40% MD Kent Betterton Beach and Public Landing 1/wk 15 40% 7 Natural Resources Defense Council

14 State County Beach Monitoring Frequency Total Samples Percent Exceedance MD Worcester Public Landing 1/wk 15 40% CA Los Angeles Long Beach-B-70 1/wk 63 38% FL Taylor Cedar Island 1/wk 37 38% SC Horry South Carolina State Park And Campground- Pirateland-Lakewood Campground 1/wk 40 38% MI Wayne Crescent Sail Yacht Club 2/wk 40 38% CA San Mateo Marina Lagoon 1/wk 40 38% CA Los Angeles Long Beach-Alamitos Bay Beach-2nd St Bridge & Bayshore 1/wk 67 37% CA Orange Doheny State Beach-250 S of San Juan Creek 2/wk 54 37% VA King George Fairview Beach 1/wk 19 37% CA Orange Doheny State Beach-2000 South Outfall 2/wk 22 36% NJ Monmouth L Street Beach 1/wk 25 36% CA Orange Huntington Harbour-Clubhouse 1/wk 62 35% CA San Diego Tijuana Slough National Wildlife Refuge-Tijuana Rivermouth 1/wk 65 35% NY Chautauqua Main Street Beach 1/wk 17 35% NY Chautauqua Wright Park East 1/wk 20 35% CA Orange Doheny State Beach-3000 South Outfall 2/wk 84 35% CA Los Angeles Avalon Beach-Near Busy B Cafe 1/wk 32 34% CA Santa Barbara East Beach- Mission Creek 1/wk 67 34% MS Harrison Gulfport East Beach 10/mo 89 34% CA Los Angeles Cabrillo Beach Daily % MI St Clair Conger-Lighthouse Beach 1/wk 15 33% ME Cumberland Pine Point 1/wk 15 33% CA San Francisco Candlestick Point-Windsurfer Circle 1/wk 78 33% CA Orange Doheny State Beach-North Of San Juan Creek 2/wk 79 33% CA Los Angeles Malibu Beach-Paradise Cove 1/wk 55 33% CA Orange Newport Bay-Newport Blvd Bridge 1/wk 49 33% WI Milwaukee South Shore Daily 85 32% MN St Louis Beach: Lk Sup, St. Louis Bay, Pk Pt 20th/ Hearding Is, Duluth 2/wk 65 32% CA Orange Salt Creek County Beach Park 2/wk 69 32% OH Cuyahoga Huntington_Beach 4/wk 73 32% TX Nueces Cole Park 1/wk % CA Orange Doheny State Beach-1000 South Outfall 2/wk 80 31% NY Monroe Ontario Beach Daily 93 31% TX Galveston Texas City Dike 1/wk 26 31% SC Horry Myrtle Beach City Of-Midway Swash 1/wk 39 31% MI Cheboygan Mackinaw City Lighthouse Park 3/wk 13 31% MI Emmet Wilderness State Park 1/wk 13 31% CA Orange Newport Bay-Ski Zone 1/wk 13 31% Natural Resources Defense Council

15 State County Beach Monitoring Frequency Total Samples Percent Exceedance OH Ottawa Camp Perry 4/wk 49 31% IN La Porte Washington Park 3/wk % CA Los Angeles Trancas Beach 1/wk % ME York Riverside (Ogunquit) 1/wk 20 30% MD Cecil Crystal Beach Manor 1/wk 10 30% CA Los Angeles Avalon Beach-South Of GP Pier 1/wk 30 30% CA San Francisco Crissy Field, New Beach 1/wk 77 30% CA Santa Barbara Arroyo Burro 1/wk 71 30% CT New London Kiddie s Beach 1/wk 17 29% RI Bristol Warren Town Beach 2/wk 42 29% NY Chautauqua Wright Park West 1/wk 21 29% FL Escambia Bayview Park 1/wk 53 28% CA Los Angeles Trancas Beach 1/wk % IL Cook Calumet South Beach 5/wk 68 28% NY Suffolk Valley Grove Beach 1/wk 54 28% CA Orange Huntington Harbour-Sunset Aquatic Park 1/wk 55 27% CA Orange Salt Creek County Beach Park 2/wk 92 27% CA Los Angeles Will Rogers State Beach-Temescal Canyon Sd 1/wk 52 27% OH Ashtabula Lakeshore Park 4/wk 45 27% NY Monroe Durand Beach Daily 90 27% CA Los Angeles Long Beach-B-69 1/wk 50 26% FL Wakulla Mash Island 1/wk 27 26% SC Horry City of Myrtle Beach-24th Avenue N 1/wk 35 26% CA Orange Doheny State Beach-4000 South Outfall 2/wk 78 26% Health Risks Because pathogens in sewage-contaminated waters can cause a wide range of diseases including ear, nose, and throat problems, gastroenteritis, dysentery, hepatitis, and respiratory illness beachwater pollution threatens public health. The consequences of these swimming-associated illnesses can be worse for children, elderly people, pregnant women, cancer patients, and others with weakened immune systems. Pollution contributed to the contamination of popular beaches. In 2006, known sewage contamination from spills, storm drains, runoff, or leaky septic systems was reported in such popular vacation destinations as Surfrider Beach in California, Ogen Dunes Beach in Indiana, Orchard Beach in the Bronx, and two beaches in Newport, Rhode Island. Aside from the disease-causing organisms present in sewage, its high nutrient content acts as fertilizer that can spur massive blooms of microscopic organisms. Harmful algal blooms (HAB), or red tides, pose a serious risk to aquatic and human health. They are natural phenomenon occurring for a variety of reasons, but can be exacerbated by nutrient overloads into coastal waters. Nutrients spur harmful algae species such as the photosynthetic dinoflagellates Karenia brevis or Alexandrium tamarense and the diatom Pseudo-nitzschia australis to multiply rapidly, producing red or green pigmented algal blooms that last for days, weeks, or months. Red tides may result in serious and potentially life- Natural Resources Defense Council

16 threatening human illnesses that have a slew of symptoms, including diarrhea, nausea, vomiting, abdominal cramping, chills, diminished temperature sensation, muscular aches, dizziness, anxiety, sweating, seizures, numbness and tingling of the mouth and digits, and paralysis, as well as cardiovascular and respiratory symptoms. 1 Although red tides are a growing problem off the coasts of Florida and NewEngland, no closings or advisories were attributed to red tides in Bacterial Standards The BEACH Act of 2000 required states and local agencies to use EPA standards or standards equally protective of public health to monitor their coastal waters. The current EPA standards, which were adopted in 1986, include a geometric mean value for multiple samples, generally taken over 30 days, and an instantaneous, single-sample value. Some state and local agencies measure both the geometric mean and the single sample when taking beachwater The high level of closings/advisories samples, and issue beach closings or advisories if either indicates that new and more frequent standard is exceeded; others measure the geometric mean or the single sample but not both. monitoring continues to reveal serious water pollution at our beaches. In 2006, all coastal and Great Lakes states reported using at least one of the BEACH Act required standards. Four states went beyond these requirements by setting either stricter standards or by adding additional indicators to trigger beach closing/advisory decisions (California, Florida, Hawaii, and Louisiana). The BEACH Act also required the EPA to update its public health based standards, which are based on out-ofdate science, but the EPA has failed to do so. NRDC sued EPA to force it to update those standards, which provide incomplete information to beachgoers about health risks and do so one to two days after the water is tested. Economic Impact Beaches are the top vacation destination in the country. Coastal tourism, dependent in part on clean beaches, generates substantial revenues for state and local governments. According to the Report of the U.S. Commission on Ocean Policy, ocean-related tourism and recreation contributed roughly $29 billion and 1.67 million jobs to the U.S. economy in The economic benefit of faster beachwater testing methods and earlier posting of advisories or closings was found to be about $202,000 per year for two Great Lakes beaches. Economic activity associated with the ocean contributed more than $117 billion to the U.S. economy in About 85 percent of all tourism revenue is received in coastal states. 3 Researchers conclude that higher property values are associated with proximity to beaches and open water, and that people are willing to pay more to be closer to these attractive environmental features. Beach-related products, such as swimsuits, sunscreen, beach chairs, towels, boogie boards, and surfboards, generate hundreds of millions, if not billions, of dollars each year in sales. Sunscreen lotions and potions alone earn manufacturers revenues of about $640 million a year. 4 In a September 2000 report, the Woods Hole Oceanographic Institution estimated that red tides cost an average of $49 million per year Natural Resources Defense Council

17 Water pollution has a significant economic effect on coastal states. Failing to invest in clean water costs coastal states jobs, job productivity, tourism, property-tax dollars, and economic growth. Polluted waters cause economic losses when beachgoers cannot use the beach or go in the water. Conclusion: Start Identifying and Controlling the Sources of Beachwater Pollution The shortcomings of our development and land use practices and sewage and stormwater management practices lead to increasing pollution of our coastal recreational waters. The more we look, the more we find contamination in our beachwater: as the number of beaches monitored and sampling frequencies increase, we can expect more beach closing/advisory days until we start identifying and controlling the sources of beachwater pollution. Notes 1 Woods Hole Oceanographic Institution 2 U.S. Commission on Ocean Policy, An Ocean Blueprint for the 21st Century Final Report of the U.S. Commission on Ocean Policy, Washington, D.C., September 2004, Appendix C, p. 3, available at: 3 Ibid., p. E-6. 4 New-Wave Sunscreens, Chemical & Engineering News, Vol. 83, No. 15, American Chemical Society, Washington, D.C., April 11, 2005, pp , available at: 5 Woods Hole Oceanographic Institution, Estimated Annual Economic Impacts from Harmful Algal Blooms (HAB) in the United States, September 2000, p.7, at 11 Natural Resources Defense Council

18 Table 3. U.S. Ocean, Bay, Great Lakes, and Some Freshwater Beach Closings/Advisories, State AL CA At least 5, (e) + 23(p) At least 6, (e) + 36(p) At least 4, (e) + 36(p) 5, (e) + 31(p) 3,985+12(e)+7(p)) 5,175+13(e)+7(p) 4, (e) + 14(p) CT At least 397 At least 290 At least 115 At least DE (p) FL At least (e) + 8(p) At least (e) + 3(p) 1, (e) +8(p) 3, (e) + 9(p) 3,345+22(e)+4(p) 3,428+13(e)+20(p) 2, (e) + 9(p) GA (e)+2(p) 528+3(e)+2(p) (e) + 1(p) GU 1, (e) + 5(p) 1, (e) + 15(p) 2, (e) + 12(p) 2, (e) + 13(p) 2,178+25(e)+17(p) 1,541+12(e)+14(p) 2, (e) + 10(p) HI (p) 0 1,169+1(e)+4(p) 2,228 6, (e) + 2(p) IL 103 At least (p) (p) IN (p) 347 At least LA 4(p) 4(p) 4(p) (e) 5 MA At least (p) At least (e) + 2(p) At least (e) + 3(p) (e) 653+1(e) 680+2(e) 1, (e) MD (e) (e) + 1(p) At least (p) +2(e) (e) (e)+1(p) 317 ME At least 13 At least 15 At least MI At least 276 At least (e) + 2(p) At least (e) (p) (e) + 3(p) MN 1(p) (e) 143+1(e)+1(p) 143+4(e) (e) MP ,095+2(p) MS 15 1(e) (e) + 1(p) (p) NC (p) (e) (e) + 1(p) 259+2(e)+2(p) 56+1(e)+1(p) (e) NH (e) (e) NJ NY At least (p) At least (e) + 4(p) (e) + 2(p) (p) 1,503+1(e) 827+2(e) 1,280 OH (e) (e) (e) 271+1(e) OR ** ** ** (e) Natural Resources Defense Council

19 PA PR At least No data (e) (e) RI (p) (p) (e) + 1(p) 251+8(e)+2(p) 73+1(e) (p) SC TX 4(e) 317 At least VA (e) VI At least WA At least (p) (p) 216+2(p) (p) WI At least 237 At least 176 At least ,018 1,101 Total At least 11, (e) + 50(p) At least 13, (e) + 73(p) At least 12, (e) + 73(p) 18, (e) +60(p) 19, (e) +42(p) 20,397+77(e)+49(p) 25, (e) + 69(p) NRDC counts every day of an advisory/closure as one beach closing/advisory day. Because of inconsistencies in monitoring and closing/advisory practices among states and over time, it is difficult to make comparisons between states or to assess trends over time based on the closing/advisory data. ** NRDC received no data. (e) Extended beach closure or advisory (7 to 13 consecutive weeks). (p) Permanent beach closure or advisory (more than 13 consecutive weeks). 13 Natural Resources Defense Council

20 Chapter 1 Sources of Beachwater Pollution Most beach closings and advisories are based on monitoring that detects elevated levels of bacteria. The bacteria indicate the presence of pathogens: microscopic organisms from human and animal wastes that pose a threat to human health. The key known contributors of these contaminants are untreated or partially treated discharges from sewage treatment plants or sanitary sewers, rain or stormwater that carries agricultural and municipal wastes, septic system failures, and wildlife Of the known causes of beach closures droppings. Beach closings and advisories can also come in response to other specific pollution events, such as an overflow from roads, roofs, lawns, construction and advisories, stormwater runoff from an animal-waste lagoon or an oil spill. Advisories may also be issued as a precautionary measure when a pollution sites, and other impervious surfaces is event is expected to occur, such as during rain storms. the largest pollution source. Fifty-eight percent of beach closings/advisories in 2006 were based on monitoring that detected bacteria levels exceeding beachwater quality standards. Thirty-eight percent were precautionary due to rain that was known to carry pollution into coastal waters, 4 percent were issued in response to a known pollution event (without relying solely on monitoring results), and less than 1 percent were due to other sources, such as dredging and algal blooms. Stormwater runoff from roads, roofs, lawns, construction sites, and other impervious surfaces is the largest identified pollution source leading to beach closures and advisories, followed by sewage pollution from spills and overflows. However, in most cases local officials have not identified the causes of contamination and are, consequently, unable to address those sources. The major pollution sources, as well as the number of closings and advisories in 2006 attributable Figure 6. Major Pollution Sources Causing Beach Closings/Advisories in Permanent Events Extended Events Days (Hundreds) Elevated bacteria levels of unknown origin Stormwater and runoff a Sewage spills and overflows b Other (boats, wildlife, inflow from creeks, etc. a Includes preemptive due to rain and high bacteria levels due to stormwater. b Includes sewage overflows from combined and sanitary sewers, malfunctioning sewage treatment plants and pupm stations, sewage spills, and sewer-line breaks. Extended: closings or advisories of 7 to 13 weeks. Permanent: closings or advisories of more than 13 weeks. 14 Natural Resources Defense Council

21 to these sources, are summarized in Figure 4. A state-by-state breakdown of pollution sources can be found in the state summaries in Chapter 5. Sewage overflows from aging sanitary and combined sewer systems, leaking sewage pipes, and malfunctioning sewage treatment plants and pump stations have always been a major cause of ocean, bay, and Great Lakes beach closings and advisories. Today, stormwater runoff from urban and suburban areas is posing an even more significant problem and one that is growing rapidly with rising populations and sprawl development. When it rains, the stormwater flows over roads, parking lots, lawns, and other surfaces where it can pick up a variety of pollutants, including wildlife and pet wastes, and transport them to surface waters. As is the case with sewage pollution, stormwater discharges result in elevated bacteria levels and increased illness rates for swimmers. 1 Although the Environmental Protection Agency (EPA) has stopped collecting information on pollution sources near beaches, almost every coastal and Great Lakes state previously reported having at least one beach where stormwater drains onto or near bathing areas. More than half of the people in the United States live in coastal towns and cities, occupying an area that is only 17 percent of the nation s land mass (excluding Alaska). 2 Between 1980 and 2003, coastal population grew by 33 million, and by 2015 it is projected to increase by another 19 million. 3 As population grows along the U.S. coast, pressure is put on the environment, sewage systems become overwhelmed, and more land is converted to impervious cover. Population growth is particularly challenging given the U.S. development trend of sprawl and land consumption now occurring at about twice the rate of population growth. At the current rate, by 2025 more than a quarter of the coast s acreage will be developed. 4 Unless strong measures are taken, sewer overflows and stormwater runoff from these rapidly growing areas will increasingly degrade coastal waters and pollute our beaches. The following sections describe the different sources of beachwater pollution. Urban Stormwater Runoff Stormwater starts as rain or snowmelt. As it washes over roads, rooftops, parking lots, construction sites, and other impervious areas, it becomes contaminated with oil and grease, heavy metals, pesticides, litter, and pollutants from vehicle exhaust. On its way to stormdrains, it also often picks up fecal matter from dogs, cats, pigeons, other urban animals, and even humans. The amount of pollution present in stormwater can generally be correlated to the amount of impervious cover. A study conducted in South Carolina found that a watershed that was 22 percent covered by impervious surfaces had an average fecal coliform count seven times higher than a watershed that was 7 percent covered by impervious A study conducted in South Carolina surfaces. 5 Suburban lawn runoff also contains significant found that a watershed that was amounts of animal waste, fertilizer, and other chemicals. 22 percent covered by impervious This uncontrolled suburban runoff can foul beaches in less densely populated areas. surfaces had an average fecal coliform Stormdrains may empty into separate storm sewer systems that carry only stormwater and discharge directly into shed that was 7 percent covered by count seven times higher than a water- waterways, or they may become part of combined sewer impervious surfaces. systems, which usually overflow when it rains. Moreover, human waste may find its way into storm sewer systems from adjacent sewage pipes that leak, or from businesses or residences that are illegally hooked up to the system. Illicit discharges may also include such substances as oil from cars, paint, and grease from restaurants. In Los Angeles County, for instance, the sewer system is separate from the stormdrain system, yet Santa Monica Bay stormdrains discharge runoff containing human enteric viruses, indicating the presence of human waste. 6 The EPA estimates that more than 10 trillion gallons of untreated stormwater make their way into our surface waters each year. 7 Urban stormwater fouls about a quarter of our nation s polluted estuaries and lakes, and it is a significant source of bathing-beach pollution in many regions. 8 For example, a Southern California study showed the direct effect to coastal water quality from urban stormwater draining from the Santa Ana River. In the zone surrounding the river s confluence, fecal indicator bacteria concentrations were found to be up to 500 percent greater than California s ocean 15 Natural Resources Defense Council

22 bathing water standards. 9 In addition to human health effects, urban runoff has been found to have significant impacts on aquatic life in receiving waters. 10 Urban runoff can lead to excess sedimentation, suffocating fish eggs and smothering the habitat of bottom-dwelling organisms such as aquatic insects, which are a food source for many fish and other wildlife species. Toxic chemicals washed into the water can increase the susceptibility of aquatic organisms to disease, interfere with reproduction, reduce the viability of offspring, or kill aquatic species. 11 EPA regulations require cities and industrial and construction sites to obtain permits, develop stormwater management plans, and implement best management practices; however, only limited progress has been made to date. Vigorous implementation and enforcement and ambitious pollutant reduction goals are necessary to make this program successful. Unfortunately, despite the magnitude of stormwater pollution, the EPA has still not set baseline technology standards for new construction and development. 2 Combined Sewer Overflows Combined sewer systems (CSSs) carry both raw sewage from residences and industrial sites and stormwater runoff from streets to sewage treatment plants. Unfortunately, in heavy rainfall, the volume of the combined wastewater becomes too great for the treatment plant to handle. In such circumstances, the flow is diverted to outfall points that discharge pollutants including raw sewage; floatables such as trash, syringes, and tampon applicators; toxic industrial waste; and contaminated stormwater into the nearest stream or coastal waterway. Combined sewer overflows (CSOs) are a major cause of pathogen contamination in marine and Great Lakes waters near urban areas, discharging 850 billion gallons of raw sewage every year. 13 According to the EPA, 43,000 CSO Combined sewer overflows (CSOs) events occur per year nationwide. 14 Although they are most are a major cause of pathogen contamination in marine and Great Lakes prevalent in urban areas, CSOs affect 46 million people in 746 communities throughout 32 Northeast and Great Lakes states. 15 Combined sewer overflows contaminate waters near urban areas, discharging 850 billion gallons of raw sewage shellfish waters and recreational beaches. Shellfish harvesting is restricted in the majority of the 659 shellfish beds located close to a CSO outfall. 16 Although an EPA policy that every year. aims to reduce these overflows has been in effect since 1994, virtually all combined sewer systems continue to overflow when it rains. As of 2004, only 59 percent of communities with CSOs had submitted plans for controlling them. 17 Global warming is predicted to increase the amount of rainfall, leading to increased sewer overflows in the Great Lakes and New England key regions, where the majority of CSSs are concentrated. 18 As communities plan for CSO mitigation projects, they will need to consider whether future precipitation amounts will be consistent with present conditions. Given the uncertainty in predicting our future climate, communities will need to decide whether to ensure mitigation effectiveness based on predicted changes, or be faced with potentially significant retrofit costs in the future to maintain effective mitigation. Sanitary Sewer Overflows and Sewer-Line Break Discharges Sanitary sewer systems those designed to carry only human and industrial waste from buildings to sewage treatment plants also pose a threat to bathing-beach safety. As of 2004, separate sanitary sewers were serving 164 million people nationwide. 19 Although most of these systems were built more recently than combined stormwater and sewer systems, they are also aging and deteriorating rapidly. 20 A nationwide survey of 42 treatment plants found some that have been in use for as long as 117 years, with the average being 33 years. 21 As the pipes deteriorate, population increases, and rehabilitation and maintenance schedules lag, pipes can break and spill sewage directly onto streets or into waterways. The EPA has estimated that between 23,000 and 75,000 sanitary sewer overflows (SSO) occur annually, discharging a total 16 Natural Resources Defense Council

23 of 3 billion to 10 billion gallons of sewage per year. 22 Many of these overflows discharge untreated sewage directly into coastal waterways or their tributaries. Nearly 70 percent of sewage overflows from human-waste sewage lines are due to breaches, obstructions such as tree roots or grease clogs, line breaks, and mechanical failures. 23 These dry-weather overflows are frequent enough, but when sanitary sewers become overloaded as rain seeps into cracks or flows into the sewer system from stormwater cross-connections or open manholes, the sewer system is even more likely to overflow and discharge raw sewage from manholes, overflowing pipes, and treatment-plant bypasses. Although only 26 percent of sanitary sewer overflows nationwide were caused by wet weather events and related inflow and infiltration, these events accounted for nearly 75 percent of the total SSO volume discharged. 24 In January 2001, the EPA proposed SSO regulations that would have required improved capacity, operation, and maintenance as well as public notification when these overflows occur. Unfortunately, instead of finalizing these proposed rules to prevent SSOs, the Bush administration shlved them. Inadequately Treated Sewage Sewage plants near coastal waters tend to serve densely populated, rapidly growing urban areas. When too many homes and businesses are hooked up to a sewage treatment plant, the plant cannot treat the sewage adequately. Plants that exceed their capacity or the capacity of their collection systems are prone to more frequent bypasses and inadequate treatment. Moreover, sewage treatment plants can, and often do, malfunction as the result of human error, breakage of old equipment, or unusual conditions in the raw sewage. When that happens, raw or partially treated sewage may be discharged into coastal waterways and their tributaries. To make matters worse, in 2003 the EPA proposed allowing plants to discharge largely untreated sewage during rains so long as it was sufficiently diluted by blending it with treated sewage. During blending, instead of providing full secondary treatment for all sewage, treated and untreated sewage are mixed and released, increasing the pathogen load to receiving waters. Scientific analysis of pathogen data from blended sewage discharges gathered by the Milwaukee Public Health Department indicated that people swimming at the sewage discharge point in Lake Michigan would have had a 50 percent chance of contracting giardiasis after this blended sewage had been released; this represents a thousandfold increase in the risk of getting sick as a result of exposure to pathogens while swimming. 25 Follow-up research in Milwaukee has found a connection between pediatric hospital admissions for gastroenteritis and blending events. 26 The EPA s proposal to allow blending created such a firestorm of protest that the agency was forced to withdraw it. 27 It has proposed replacing that policy with a requirement for full treatment for sewage to the maximum extent feasible, but has not yet finalized that proposal. 28 Under section 301(h) of the federal Clean Water Act sewage treatment plants may obtain a waiver allowing them to forgo basic federal secondary-treatment requirements and discharge wastes into marine waters that have undergone only primary treatment. Releasing primary-treated sewage into water bodies degrades receiving waters and poses serious In Morro Bay waters, the threatened risks to public health and the marine ecosystem. The vast California sea otter is nine times more majority of pathogens are not removed by primary treatment of wastewater. 29 For example, 85 percent of Shigella likely to be infected with the parasite bacterium, percent of salmonella, percent Toxoplasma gondii which causes of Entamoeba histolytica, and greater than 90 percent of disease and death than sea otters fecal coliform may remain in wastewater even after primary not near the outfall. treatment. 30 In contrast, secondary treatment removes up to 95 percent of suspended solids in the waste stream, 31 and is significantly more effective than primary treatment in removing biologic pathogens from sewage. For example, secondary treatment removes percent of Shigella bacterium, percent of Salmonella, and percent of enteric viruses prior to discharge of the effluent. 32 While sewage treatment plants with a waiver under section 301(h) have become increasingly rare in the United States, there are still approximately 30 waivers in use. 33 The sewage treatment plant in Morro Bay, California, discharges 17 Natural Resources Defense Council

24 primary-treated wastewater just a half-mile offshore, at a depth of only 50 feet. The World Health Organization recommends sewage outfalls to be a minimum of one mile offshore and/or at a minimum depth of 60 feet. In Morro Bay waters, the threatened California sea otter is nine times more likely to be infected with the parasite Toxoplasma gondii which causes disease and death than sea otters not near the outfall. 34 NRDC recently stepped in to prevent another waiver from being issued to the Morro Bay sewage treatment plant. After years of pressure from environmental groups and the public, local officials voted unanimously to upgrade the plant. The plant now will go from discharging the dirtiest wastewater to creating some of the cleanest in the nation clean enough to be recycled and reused. The water coming out into the ocean will be 10 times cleaner so clean, in fact, that the city may sell it for use at nearby golf courses and irrigation projects. Agricultural Runoff In nonurban and suburban areas, rainwater often flows directly over farms, roads, golf courses, and lawns into waterways. Agricultural runoff may contain high concentrations of pathogenic animal waste, fertilizers, and pesticides. The EPA has stated that agricultural runoff is responsible for as much as 70 percent of water quality problems identified. 35 For example, confined animal feeding operations (CAFOs) produce huge quantities of manure that far exceed the assimilation capacity of neighboring crops and pastures and are a contributing source in 20 percent of impaired rivers and streams. 36 Animal waste from large feedlots has been linked to outbreaks of a toxic microorganism, Pfiesteria piscicida, in the Chesapeake Bay region and North Carolina, causing numerous waterway closings and serious human and aquatic health impacts. Animal waste can also contain pathogens usually not found in human waste, such as E. coli 0157:H7, which contaminated baby spinach last fall and resulted in 205 confirmed illnesses and three deaths. 37 Septic Systems Dwellings built near the coast may be equipped with underground septic systems, which, if not sited, built, and maintained properly, can leach wastewater into coastal recreational waters. Homeowners often do not adequately maintain their septic systems, and there is no federal regulatory program to control waste from septic systems. Local governments and states rarely inspect septic systems sufficiently to prevent such failures. Fecal matter from malfunctioning or overloaded septic systems can contaminate bathing beaches. Runoff can also carry bacteria from failing septic systems far from the shore into streams that empty into bays near beaches. According to the 2001 American Housing Home Survey, 6 percent of septic systems fail annually, resulting in improper treatment of 66 billion to 144 billion gallons of sewage. The EPA estimates that one-third of new construction and 25 percent of existing U.S. dwellings use some kind of septic tank or on-site waste disposal system. 38 Boating Wastes Improperly handled boating wastes can pose a health and aesthetic threat to bathing beaches. Marinas are often located in confined areas with minimal ocean flushing where wastes can accumulate and pose a serious health threat. Elevated concentrations of fecal coliform have been found in areas with high boating density. 39 Federal law requires boats with onboard toilets either to treat the waste with chemicals before discharging it or to hold the waste and later pump it out into a sewage treatment plant. The federal Clean Vessal Act (CVA) was passed in 1992 to provide federal grant money to states for building pumpout and dump stations in marinas to allow boaters to dispose of human wastes in an environmentally sound manner. 40 However, many marinas still lack sufficient pump-out facilities, and compliance with the law appears to be poor in many areas Natural Resources Defense Council

25 Oil Pollution Oil reaches the ocean through its production, transportation, and use, and even from natural seeps. Oil spilled during tanker accidents, pipeline breaks, and refinery accidents can foul beaches. Many oils evaporate quickly, creating unsafe fumes. Other oils form globules that can float for days and wash onto beaches for weeks after a spill. In addition to catastrophic oil spills, small oil spills occur every time it rains. Over the course of a year, urban runoff from a city of 5 million can contain as much oil and grease as a large tanker spill. 42 Normal ship operations also frequently cause small oil spills. A report by the National Research Council states that nearly 85 percent of the 29 million gallons of petroleum that enter North American ocean waters each year as a result of human activities comes from land-based runoff, polluted rivers, airplanes, and small boats and jet skis. The report estimated that two-stroke outboard motors release between 0.6 million and 2.5 million gallons of oil and gasoline into U.S. coastal waters each year. 43 Oil runoff from cars and trucks is increasing in coastal areas where population growth has resulted in expanding roads and parking lots. 44 Waterfowl Municipalities also list waterfowl as the cause of beach closings or advisories. During migration season, large or excessive populations of waterfowl can gather at beaches or in suburban areas that drain into beaches. These dense clusters occur when other potential waterfowl habitats are unavailable, often because wetlands have been filled or ecological conditions have been altered (for example, when Canada geese that were previously migratory become resident). Waterfowl are also attracted by food sources, including trash or litter left on beaches and in overflowing garbage cans. The fecal matter from these waterfowl can sometimes overload the normal capacity of a beach to absorb natural wastes, degrading water quality, particularly if there is no vegetation around the waterway to absorb the waste Notes 1 R. Haile et al., An Epidemiological Study of Possible Adverse Health Effects of Swimming in Santa Monica Bay, Santa Monica Bay Restoration Project, NOAA- National Ocean Service, Population Trends Along the Coastal United States: , September 2004, p. 6, available at: oceanservice.noaa.gov. 3 Ibid., p.1. 4 Dana Beach, Coastal Sprawl The Effects of Urban Design on Aquatic Ecosystems in the United States, Pew Ocean Commission, 2002; U.S. Department of Agriculture, Summary Report 1997 Natural Resources Inventory, December Michael A. Mallin, Wading in Waste, in Scientific American, June 2006, pp Bartlett Gold, McGee, and Deets, Pathogens and Indicators in Stormdrains Within the Santa Monica Bay Watershed, Santa Monica Bay Restoration Project, 1992, p. 18. See also R. Haile et al., An Epidemiological Study of Possible Adverse Health Effects of Swimming in Santa Monica Bay, Santa Monica Bay Restoration Project, EPA, Report to Congress: Impacts and Control of CSOs and SSOs, April 26, 2004, EPA 833-R , p. 4-29, available at: gov/npdes/cso/ cpolicy_report2004.cfm. 8 EPA, National Water Quality Inventory: 1998 Report to Congress, EPA 841-R-001, June John Ho Ahn, Stanley B. Grant, Cristiane Q. Surbeck, Paul M. Di Giacomo, Nikolay P. Nezlin, and Sunny Jiang, Coastal Water Quality Impact Of Stormwater Runoff From An Urban Watershed In Southern California, in Environmental Science and Technology, Vol. 39, No. 16, 2005, pp. 5,940-5, D. Hoffman, B. Rattner, G.A. Burton, Jr., and J.Cairns, Jr., Handbook of Ecotoxicology, 2nd Edition (Boca Raton, FL: CRC-Lewis, 2002). 11 EPA, National Water Quality Inventory: 2000 Report to Congress, EPA 841-R , August Federal Register, Vol. 69, No. 801, Monday, April 26, 2004, p. 22, EPA, Report to Congress: Impacts and Control of CSOs and SSOs, p Ibid, p Ibid, p Ibid, p Ibid, p. ES Federal Register, Vol. 72, No. 60, March 29, 2007, pp. 14,803-14, Natural Resources Defense Council

26 19 Ibid, p The American Society of Civil Engineers has given the U.S. wastewater system an overall rating of D-minus. ASCE, Report Card for America s Infrastructure, 2005, available at: 21 EPA, Report to Congress: Impacts and Control of CSOs and SSOs, p Ibid, p Ibid, p Ibid, p Joan B. Rose, Michigan State University, personal communication, March 24, Milwaukee Journal Sentinel, Kids Illnesses Raise a Red Flag, April 30, 2006, available at 27 Congressional Record H , May 19, See National Pollutant Discharge Elimination System (NPDES) Permit Requirements for Peak Wet Weather Discharges from Publicly Owned Treatment Works Treatment Plants Serving Separate Sanitary Sewer Collection Systems, in Federal Register, Vol. 70, No. 245, December 22, 2005, p. 76, National Research Council, Issues in Potable Reuse: The Viability of Augmenting Drinking Water Supplies with Reclaimed Water, National Academy Press, Washington, D.C., 1998 pp Ibid, p Ibid, p Ibid, p EPA, Ocean Regulatory Programs, available at: 34 For more information about threats to the sea otter and ongoing research, visit the Sea Otter Alliance website: 35 Cook M. Reducing Water Pollution from Animal Feeding Operations. Testimony before Subcommittee on Forestry, Resource Conservation, and Research of the Committee on Agriculture, U.S. House of Representatives, May 13, Available: _1998/ htm. 36 Marc Ribaudo and Noel Gollehon, Animal Agriculture and the Environment, Economic Research Service/U.S. Department of Agriculture; in Agricultural Resources and Environmental Indicators, 2006 Edition, EIB-16, pp U.S. Food and Drug Adjministration, FDA News: FDA Finalizes Report on 2006 Spinach Outbreak, available at: NEWS/2007/NEW01593.html. 38 EPA, Report to Congress: Impacts and Control of CSOs and SSOs, p Puget Sound Water Quality Authority, State of the Sound, 1992, p U.S. Fish and Wildlife, Keep Our Waters Clean- Use Pumpouts, available at: 41 A 1987 Maryland survey found that 80 percent of boaters did not comply with the law. See Alliance for Chesapeake Bay, Chesapeake Bay Citizen Report, 1989, p. 1. A similar survey of Puget Sound boaters, conducted in the summer of 1988, found that 37 percent had no toilet equipment or discharged raw sewage directly into the water. See Puget Sound Water Quality Authority, Managing Nonpoint Pollution: An Action Plan Handbook for Puget Sound Watersheds, 1989, pp From the Ocean Planet Exhibition, Smithsonian Institution, Information available at: HTML/peril_oil_pollution.html. 43 National Research Council, Oil in the Sea: Inputs, Fates, and Effects, National Academies Press, Ibid. 20 Natural Resources Defense Council

27 Chapter 2 Health Risks and Economic Impacts of Beach Pollution The sources of pollution that pose a risk to swimmers are present in every state, at least to some degree. Over the long term, more aggressive measures to identify and prevent pollution would reduce disease-causing pathogens in our waterways to levels that would no longer make swimmers sick. But for now, monitoring beaches and notifying the public are the only ways to ensure that swimmers know their recreational waters are safe when they visit the beach. Diseases Caused by Pathogens in Bathing Waters Polluted waters may contain disease-causing organisms, called pathogens. The most common types of pathogens are those associated with sewage pollution, such as bacteria, viruses, and protozoa. Enteric pathogens those that live in the human intestine can carry or cause a number of infectious diseases. Swimmers in sewage-polluted water can contract The Centers for Disease Control and any illness that is spread by ingestion of fecal-contaminated Prevention concluded that the incidence of infections associated with water (AIDS and many other diseases are not carried by enteric pathogens). 1 Pathogens cause a wide variety of acute illnesses including gastroenteritis, respiratory infection, diarrhea, ear infection, and others (see Table 4). While most creased over the past several decades. recreational water use has steadily in- illnesses last from a few days to several weeks, in some cases pathogens may cause severe, long-term illness or even death. Sensitive populations such as children, the elderly, or those with weakened immune systems, are particularly at risk for these long-term effects. Swimming-associated diseases such as gastroenteritis, hepatitis, respiratory illness, and ear, nose, and throat problems are believed to be frequently caused by viruses. Gastroenteritis, which can also be caused by bacteria, is a common term for a variety of diseases that can cause symptoms such as vomiting, diarrhea, stomach ache, nausea, headache, and fever. Other microbial diseases that can be contracted by swimmers include salmonellosis, shigellosis, and infection caused by E. coli (a type of enteric pathogen). Other microbial pathogens found in varying concentrations in recreational waters include amoebae and protozoa, which can cause giardiasis, amoebic dysentery, skin rashes, and pinkeye. Giardiasis, a protozoan infection, is the most commonly reported intestinal disease in North America. 2 Harmful algal blooms (HABs) such as red tides are another cause of disease and a growing problem in surface waters where nutrient-rich pollution can spur algal growth. Exposure to HABs can cause a suite of illnesses including diarrhea, memory loss, liver failure, abdominal pain, fever, and skin irritation. 3 Incidence of Diseases Contracted by Swimmers Swimming in polluted water can make you sick. Studies conducted during the past several decades show a clear relationship between the amount of indicator bacteria in coastal and Great Lakes waters and the incidence of swimmingassociated illnesses. Common indicator bacteria include total and fecal coliform, enterococcus, and E. coli. They are called indicator bacteria because, although they may not be directly harmful to humans, they are relatively easy to test for and are typically found in the presence of harmful pathogens. However, the effectiveness of bacterial indicators as predictors of viral contamination is questionable Natural Resources Defense Council

28 Since 1971, The Center for Disease Control and Prevention (CDCP), the EPA, and the Council of State and Territorial Epidemiologists has worked to maintain the Waterborne Disease and Outbreak Surveillance System for collecting and reporting waterborne disease and outbreak-related data. Their most recent report released in 2006 summarizes findings for January 2003 December During this survey period, 62 waterborne disease outbreaks were reported (see Table 3). These outbreaks caused illness in 2,698 people, resulting in 58 hospitalizations and one death. The Centers for Disease Control and Prevention concluded that the incidence of infections associated with recreational water use has steadily increased over the past several decades. The increase is attributed to a combination of factors, such as the emergence of new pathogens, increased participation in aquatic activities, and better reporting. 5 Table 4. Details on the 62 Waterborne Disease Outbreaks Reported to CDCP: Jan 2003-Dec 2004 Associated Illnesses Incidence Gastroenteritis 30 (48.4%) Dermatitis 13 (21.0%) Acute Respiratory Illness 7 (11.3%) Others: Amebic Meningoencephalitis, Meningitis, Leptospirosis, Otitis, 12 (19.3%) Externa, Mixed Illnesses Etiologic Agents Identified: Bacteria 32.3% Parasite 24.2% Virus 9.7%Chemical or Toxin 4.8% In 2005, the first major report of the National Epidemiological Environmental Assessment of Recreational (NEEAR) Water Study examined the association between recreational freshwater quality and gastrointestinal illness after swimming at two beaches in the Great Lakes region. 6 Both beaches were known to be affected by sewage discharges from waste treatment plants. Water samples were collected from each beach and tested for enterococcus and bacteroides using rapid methods. The NEEAR Water Study reported finding one beach where subjects with any contact with water were almost twice as likely to have gastrointestinal illness compared with non-swimmers, with a 10 percent incidence of illness among swimmers and a 5 percent incidence among non-swimmers. The rate of gastrointestinal illness among swimmers was 14 percent at the second beach. The presence of the indicator organism enterococcus was associated with the increased risk of illness. The study concluded that enterococcus measured using rapid methods can predict gastrointestinal illness among those who have swum in fecally contaminated freshwater, and that samples collected each morning could allow beach managers to assess the microbiological safety of the beach before most beachgoers are exposed. A large-scale 1995 epidemiological study investigated possible adverse health effects associated with swimming in ocean waters contaminated by urban runoff. 7 The Santa Monica Bay Restoration Project study involved initial interviews with 15,492 beachgoers who bathed and immersed their heads, as well as follow-up interviews with 13,278, to ascertain the occurrence of certain symptoms such as fever, chills, nausea, and diarrhea. The study found an increase in risk of illness associated with swimming near flowing stormdrain outlets in Santa Monica Bay, compared with swimming more than 400 yards away. For example, swimmers near stormdrains were found to have a 57 percent greater incidence of fever than those swimming farther away. This study also confirmed the increased risk of illness associated with swimming in areas with high densities of indicator bacteria. Illnesses were reported more often on days when water samples tested positive for enteric viruses. In a recent California study the rates of reported health symptoms among surfers were compared in urban North Orange County and rural Santa Cruz County during two winters to determine the health impacts of exposure to urban runoff. 8 The urban North Orange County surfers who were interviewed for the study reported almost twice as many symptoms as the rural Santa Cruz County surfers. There were numerous illnesses reported by the study participants, including respiratory disease, fever, nausea, gastrointestinal illness, sore throat, vomiting and others. In both study years, the risk of illness increased for all symptom categories by 10 percent for each 2.5 hours of weekly water exposure. Swimmers who contract a waterborne illness may also pass the disease on to household members, multiplying the effect of the polluted water. While swimming-related illnesses are usually not severe or life threatening, they can take a sub- 22 Natural Resources Defense Council

29 stantial toll in terms of convenience, comfort, and the well-being of the people affected. They can also result in substantial economic costs from lost work or sick days. Moreover, gastroenteritis can be serious for sensitive populations, such as small children. Children under the age of nine have more reports of diarrhea and vomiting from exposure to waterborne parasites than any other age group, with at least a twofold increase occurring over the summer swimming months. 9 The EPA is being urged to revise water quality standards to reflect the risk to sensitive populations. Table 5. Pathogens and Swimming-Associated Illnesses Pathogenic Agent Bacteria Campylobacter jejuni Disease Gastroenteritis E. coli Gastroenteritis Salmonella typhi Other salmonella species Shigella dysenteriae and other species Vibrio cholera Vibrio vulnificus Yersinia spp. Aeromonas hydrophila Leptospira Helicobacter pylori Legionella pneumoniae Viruses Adenovirus Coxsackievirus (some strains) Echovirus Hepatitis Norwalkvirus Poliovirus Reovirus Rotavirus Calicivirus Polyomavirus Protozoa Balantidium coli Acanthamoeba Microsporidia Cayetanensis Cryptosporidium Entamoeba histolytica Giardia lambia Typhoid fever Various enteric fevers (often called paratyphoid), gastroenteritis, septicemia (generalized infections in which organisms multiply in the bloodstream) Bacterial dysentery Cholera Skin and tissue infection, death in those with liver problems Acute gastroenteritis (including diarrhea, abdominal pain) Dysenteric illness, wound infections, gastroenteritis, septicemia Leptospirosis Chronic and severe inflammation of the stomach, increased likelihood of developing gastric cancer Fever, pneumonia Respiratory and gastrointestinal infections Various, including severe respiratory disease, fever, rash, paralysis, aseptic meningitis, myocarditis Various, similar to coxsackievirus (evidence is not definitive except in experimental animals) Infectious hepatitis (liver malfunction); also may affect kidneys and spleen Gastroenteritis Poliomyelitis Respiratory infections, gastroenteritis Gastroenteritis Gastroenteritis Cancer of the colon Dysentery, intestinal ulcers Eye infections Diarrhea Abscess in liver or other organs Gastroenteritis Amoebic dysentery, infections of other organs Diarrhea (intestinal parasite) 23 Natural Resources Defense Council

30 Pathogenic Agent Isospora belli and Isospora hominis Toxoplasma gondii Cyclospora Algal Blooms Cyanobacteria (mainly Microcystis and Anabaena) Karenia brevis (and other Marine Algae) Pfiesteria piscicida Disease Intestinal parasites, gastrointestinal infection Toxoplasmosis Gastroenteritis Severe dermatitis, burning or itching of the skin, erythematous wheals, redness of lips and, eyes, sore throat, asthma symptoms, dizziness Irritation of the skin, eyes, nose, and throat, coughing, shortness of breadth Headache, confusion, skin rash, eye irritation, respiratory irritation Threats to Swimmers from Harmful Algal Blooms Harmful algal blooms (HABs), also known as red tides, pose a serious risk to aquatic and human health. They are natural phenomenon occurring for a variety of reasons, but can be exacerbated by nutrient overloads into coastal waters. Nutrients spur harmful algae species such as the photosynthetic dinoflagellates Karenia brevis or Alexandrium tamarense and the diatom Pseudo-nitzschia australis to multiply rapidly, producing red or green pigmented algal blooms that last for days, weeks, or months. Red tides may result in serious and potentially life threatening human illnesses that have a slew of symptoms, including diarrhea, nausea, vomiting, abdominal cramping, chills, diminished temperature sensation, muscular aches, dizziness, anxiety, sweating, seizures, numbness and tingling of the mouth and digits, and paralysis, as well as cardiovascular and respiratory symptoms. 10 These microscopic algae can adversely impact some of the sea s largest creatures. In March 2004, dolphin deaths began to be reported in St. Josephs Bay, Florida. Researchers investigating the dolphin carcasses confirmed that their deaths were the result of exposure to concentrated algal toxins associated with blooms. 11 By April a total of 107 dolphins had been found dead along the Florida panhandle. The year 2005 was the second deadliest on record for Florida s endangered manatee population. One of the leading causes of fatalities was the toxins produced by K. brevis red tide blooms. 12 Although the most common type of poisoning related to toxic blooms comes from eating contaminated shellfish, there are also instances in which such blooms have directly affected fishermen and swimmers and other recreational users of near shore marine and riverine waters. Toxic outbreaks of organisms such as Pfiesteria piscicida, which was first discovered in North Carolina in 1991, have been found to be associated with fish kills as well as with skin and neurological damage and memory loss. 13 In 1996 red tide algal blooms of Gymnodinium brevii on the west coast of Florida also resulted in respiratory illness in beachgoers. The incidence of red tides has increased over the past 30 years, particularly along the New England coastline (see Figure 5). 14 Analyzing data over a 50-year period from the southwest coast of Florida, researchers at the University of Miami determined that K. brevis red tides are occurring with greater frequency, closer to shore, and during more months of the year. They attribute this phenomenon to greater inputs of nutrients into coastal waters due to increased agricultural runoff and sewage discharges in the watershed over that time period. 15 Elsewhere in the Gulf of Mexico, K. brevis red tides are becoming more common. Along the Texas coast, red tide blooms occurred in all but one year between 1995 and Sewage pollution is also contributing to increased algal blooms on Florida s Atlantic coast. 17 Since 1990, coral reefs off southeast Florida have experienced an unprecedented succession of macroalgal blooms and invasions including invasive species that threaten economically important reef resources in southeast Florida. 18 Controlling agricultural nutrient runoff and sewage discharges can reduce the number of red tide events and improve human health and the economy. Land-use and development practices along coastlines and in watersheds can lead to increased runoff into water bodies and a greater number of red tide events. Human-made alterations to hydrology, e.g., dredging and infilling, can slow water circulation and thus impede the ability of the water body to cleanse itself of harmful algae. We must be more mindful of the effects of these practices on the natural aquatic systems and algal 24 Natural Resources Defense Council

31 Figure 7. Expansion of HAB Problems in the U.S. 20 Pre-1972 Present (Abbreviations: NSP: Neurotoxic Shellfish Poisoning, PSP: Paralytic Shellfish Poisoning, ASP: Amnesic Shellfish Poisoning, and DSP: Diarrhetic Shellfish Poisoning) blooms. Filter feeding shellfish serve as natural cleansers of phytoplankton, so human activities that diminish shellfish populations reduce the ecosystem s capacity to naturally cleanse itself of toxic algae. We need to make a greater effort to control nutrient pollution from nonpoint sources such as agricultural runoff and septic tank runoff, as well as from point sources, such as sewage treatment and aquaculture facilities. 19 Efforts to deal with red tides are focused on mitigating the effects of these pollution events, primarily through improving monitoring systems for harmful algal blooms, educating and communicating the risks to the general population, and learning more about the causes of harmful algal blooms and how they affect humans and aquatic life. There are some ways, however, that algal blooms can be prevented and controlled. Prevention techniques involve controlling nutrient pollution from point and nonpoint sources, as well as restricting the movement of harmful algal species via the shellfish market and ship ballast water. (Ballast water may be heated or chemically treated to prevent the introduction of invasive species, and trade may be restricted on shellfish from areas experiencing red tides.) There have also been some innovative attempts to control harmful algal blooms. In Korea, clay has been used to effectively suppress red tides. By spreading a thin layer of clay over the surface of the water, the clay particles bind to the algae and sink to the bottom. Introducing shellfish populations to a water body has also been used as a way to filter harmful algal blooms naturally. Adequacy of Water Quality Standards Under the BEACH Act, the EPA is required to develop water quality criteria for pollutants based on their impact on human health and aquatic life. States are then required to create limits, or standards, for these pollutants using the EPArecommended water quality criteria or other criteria that the EPA deems as protective. In 1986 the EPA developed criteria for testing recreational waters using E.coli and enterococci bacteria as pathogen indicators in Great Lakes (fresh) waters, and enterococci as indicators in marine waters, based on prior scientific research on their effectiveness (see Table 5). 21 Because testing for the full range of pathogens found in beachwaters is difficult, water quality tests have typically been done using indicator bacteria that signify pathogens may be present. As of 2000, only 11 states had adopted the 1986 water criteria. Recognizing the need for consistent water quality criteria at recreational beaches, Congress passed the Beach Environmental Assessment and Coastal Health (BEACH) Act in 2000, amending the Clean Water Act to improve beachwater quality monitoring notification programs and processes of notifying the public of health risks from contamination at beaches. Under the BEACH Act, states were required to adopt standards based on the EPA s 1986 criteria for pathogen indicators. 22 In addition, the EPA was required to complete 25 Natural Resources Defense Council