This Comment discusses the problem of contaminated sediments in ports and waterways and the scientific, technological, legal, and regulatory barriers to fixing the problem. The author begins by addressing whether California State Water Resources Control Board Resolution 92-49 is applicable to establishing cleanup levels for contaminated marine bay bottom sediments. Next, the author assumes that Resolution 92-49 is applicable and examines the boundaries of its enforcement and limitations of it application. The author then explores what standards Regional Boards might use for cleanup level decisions of bay bottom sediments if Resolution 92-49 was not applicable. The author then addresses whether requiring a "background" level, leaving a site with the same chemical concentration levels that existed prior to contamination, is an appropriate legal standard. The author concludes by discussing recurring sediment contamination.
The Applicability, Apprpriateness, and Enforcement of the "Background Levels" Standard for Contaminated Sediment Cleanup Under California State Water Resources Control Board Resolution 92-49,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol40/iss2/8