Press Release
FOR IMMEDIATE RELEASE
Date: 10/14/03

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Chief Deputy Larry Scoufos Deputy District Attorney: Jeffrey W. Holtzman - 565-3148

Santa Rosa, Sonoma County, California

Settlement Reached in Sonoma County Water Pollution Case

A multi-agency water pollution enforcement action against Healdsburg property owners Edward and Catherine Brown was resolved today before Sonoma County Superior Court Judge Rene A. Chouteau. The misdemeanor charges against the Browns for sediment discharge into state waters and for having contractors install a road without a permit, which caused significant sediment pollution of Wine Creek in 2001, will be dismissed on the condition that the property owners complete cleanup and land stabilization measures and pay $277,500 in costs and restitution.

“This case demonstrates the positive results which can occur when local, state and federal enforcement agencies work together to protect our valuable natural resources,” said District Attorney Stephan R. Passalacqua. The case was investigated by the Department of Fish and Game, the North Coast Regional Water Quality Control Board and the National Marine Fisheries Service.

Under terms of the settlement, the Browns, who had previously undertaken emergency and remedial repair work at an estimated expense of $1.5 million, will pay an additional $277,500 for habitat enhancement projects, agency costs, and environmental education and training. The National Fish and Wildlife Foundation is to receive restitution in the amount of $112,500 for salmonid habitat improvement in Sonoma County; the California Water Pollution Account is to receive $60,000 in restitution; $35,000 in costs to the Department of Fish and Game; $25,000 in costs to the Sonoma County Department of Permit and Resource Management; $20,000 in costs to the District Attorney’s office; $10,000 each to the California District Attorney’s Association and the Western States Project for environmental enforcement training; and $5,000 to the Sonoma County Regional Parks Foundation for a water pollution education program at Spring Lake Discovery Center.

The Brown’s 120 acre property site is located on West Dry Creek Road, northwest of Healdsburg. Wine Creek, a tributary to Dry Creek and the Russian River, supports two salmonid species-- Coho Salmon and steelhead trout. They have both been designated as “threatened” under the Endangered Species Act.

In a related case, the Browns’ contractor, Peter G. Vadelnieks, was convicted on March 4, 2002, of polluting state waters as a result of the work he directed at the Brown property. Vadelnieks was sentenced to 30 days in jail and placed on three years probation by Sonoma County Superior Court Commissioner Stephany Joy.