Northern California Chapter of the Academy of Certified Hazardous Materials Managers

March 19, 1998 NCC-ACHMM Dinner Meeting Highlights

BayKeeper Program

Speaker: Mike Lozeau, Executive Director, BayKeeper

Synopsis by John Wondolleck, CHMM, Secretary, NCC-ACHMM

BayKeeper is a citizen enforcement organization that uses provisions in the Cleanwater Act, Proposition 65, and other statutes to bring legal enforcement actions against industry, communities, and other entities that may be discharging into San Francisco Bay and the Delta. BayKeeper members monitor discharges, collect samples or assist agencies in sampling, and develop the enforcement case against the discharger. BayKeeper activities are financed through settlement fees gained through their enforcement activities.

The current Baykeeper program has three facets.

  1. They have an education/technology focus. BayKeeper has developed the first natural gas powered boat on the west coast. PG&E is providing the fuel dock in San Francisco for the boat.
  2. BayKeeper has a monitoring program focused on the Delta area. This is a citizen’s monitoring program that is focused on collection of correct data for enforcement.
  3. The third facet is the enforcement program. Mr. Lozeau stated that the enforcement program is based on a level playing field for all players and that BayKeeper considers the financial position of the discharger before taking legal action.

At present, the BayKeeper monitoring/enforcement emphasis is on the Delta area. This includes the City of Stockton, farmland discharges, and feedlot discharges. Mr. Lozeau stated that his organization has a good working relationship with agencies and the regulated community. Enforcement fees provided to BayKeeper are managed by the Rose Foundation. The Rose Foundation tracks the settlement fees and gives money out as grants. Some of the grants have gone to public education, "kids and creeks", and advocacy groups. At present, BayKeeper has been involved in 70 cases, has settled 50 of the cases, and has collected on 49 of those cases.

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