San Mateo fined over death of fish

“That is quite a few fish, and I think the important thing here is the fact that the fish mortality was observable, which demonstrated the harm caused by this potable water mixed with other things that went into San Mateo Creek,” Bill Johnson, an enforcement official with the water board, said.

The rupture occurred when the contractor parked heavy equipment above the pipe while excavating soil during work near 333 Franklin St. on May 18, according to the complaint. The contaminated water allegedly flowed into a drain, and exited into the creek near Arroyo Court and Dartmouth Road.

Potable water is defined as drinkable water, which in San Mateo is treated with chloramine and chlorine. The complaint identifies the water, after being mixed with the construction materials, as having “significant” toxicity and carrying an “above moderate” potential for harm. 

Steelhead trout, a native species for the area, have seen their local population decline exponentially in recent decades. 

According to the city, the water spill lasted 31 minutes before the line was shut off and an ecological assessment team was deployed. The city also used dechlorination tablets and notified the water board and other agencies, according to city spokesperson Samantha Weigel.

“The city and our contractors took immediate action to limit the impact when we learned of this unfortunate accident,” Weigel said in a statement. “We will continue to work with our contractors to avoid such incidents from occurring in the future.”

The penalty amount was decided based on both the volume and toxicity of the discharge, coupled with the culpability of the city. The contractor “failed to provide the reasonable forethought and ordinary care that would have prevented the unauthorized discharge,” according to the complaint, which also notes the city “took reasonable and appropriate actions to address the discharge in a timely manner.”

The complaint, logged Dec. 15, is within a 30-day public review period after which it could be approved or modified, according to Johnson.     

“The reason we’re doing this is not necessarily to pick on the city of San Mateo, they have been very responsive and cooperative during this process,” Johnson said. “But we do want to send a signal out to every city and their contractors to make sure that they take warnings about where the potable water lines are very seriously so that we don’t see another incident like this happen.”

corey@smdailyjournal.com

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