HomeMy WebLinkAboutMINUTES - 04072009 - SD.4 (2)RECOMMENDATION(S):
1. SUPPORT the efforts of the Sheriff’s Office to form partnerships with other agencies to help abate abandoned
marine vessels and navigational hazards;
2. REQUEST our State legislative delegation and boating organizations to support appropriation of $1 million
annually from the Harbors and Watercraft Revolving Fund to the Abandoned Watercraft Abatement Fund (AWAF) in
the budget of the Department of Boating and Waterways (DBW) as authorized by state statute;
3. SUPPORT the efforts of the Sheriff’s Office to work with other stakeholders to encourage the DBW to allow use of
AWAF grants for abatement of abandoned commercial vessels;
4. REQUEST the Sheriff to amend the department fee schedule to establish charges for County services for the
recovery, movement, impounding, and storage of vessels pursuant to Chapter 410-2 of the County Code with the
assistance of County Counsel and to schedule the amended department fee schedule for adoption by the Board of
Supervisors;
5. Request the Sheriff’s Office and the Department of Conservation and Development to monitor the activities of
public agencies that propose projects near County waterways that could increase the exposure of the public to
navigational hazards; and
6. SUPPORT Assembly Bill 166 which will streamline the abatement
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 04/07/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 5 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
Contact: Steven Goetz (925)
335-1240
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: April 7, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Frank Graves, Vivian Matuk, Dept Boating & Waterways, Sheriff Rupf, Randy Sawyer, Sherman Quinlan, Jason Crapo, Julie Bueren
SD.4
To:Board of Supervisors
From:Transportation, Water and Infrastructure Comm
Date:April 7, 2009
Contra
Costa
County
Subject:Committee Report on County Response to Grand Jury Report No. 0808 Entitled "Aquatic Junkyards Exist in Contra Costa
County"
RECOMMENDATION(S): (CONT'D)
process for abandoned vessels through a pilot program that authorizes the sale of surrendered vessels prior to their
potential or eventual abandonment, and REQUEST an amendment to allow collection of a hazardous waste disposal
fee on each boat purchase to augment the AWAF as recommended by the Transportation Water and Infrastructure
Committee.
FISCAL IMPACT:
NONE to the General Fund. The recommendations can be implemented within existing adopted budgets.
BACKGROUND:
On August 19, 2008, the Board of Supervisors reviewed the Grand Jury recommendation on Aquatic Junkyards and
requested affected County staff to report to the Transportation Water and Infrastructure (TWI) Committee on
implementing the County's response to the Grand Jury Recommendations 2 and 3 (refer to page 4-18 and 4-19 of
Exhibit A). Interested County staff subsequently formed a working group that met several times. Their findings and
recommendations were included in a report (see Exhibit A).
On February 19, the TWI Committee (Supervisor Glover was unable to attend) reviewed the report. The Committee
adopted the recommendations of the working group with the following changes:
Recommendation #4 from the working group was revised to be consistent with the provisions of the Contra Costa
County code. The Committee recommends that the Board adopt the amended department fee schedule. Adoption of a
fee schedule will inform boat owners that if the owner of an abandoned vessel is discovered, the County has the
ability to recover specific costs for abatement from that owner.
Recommendation #6 from the working group was amended to request that the bill’s sponsor consider including a
hazardous waste disposal fee on each boat purchase to augment the Abandoned Watercraft Abatement Fund.
Abandoned marine vessels frequently contain hazardous substances that reduce water quality. Removal and disposal
of hazardous substances from abandoned marine vessels is expensive. To help fund abatement efforts, a fee should be
added to the purchase price of any boat designed to carry hazardous substances.
The Sheriff is currently monitoring a proposal by the State Lands Commission to seek legislation that will streamline
the Commission's process for abatement of abandoned marine vessels on state lands. The TWI Committee will
review this proposal at its meeting in March. The TWI Committee also wishes to inform the Board’s Legislation
Committee on the legislative matters contained in this report.
AQUATIC JUNKYARDS WORKING GROUP REPORT
TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS
TRANSPORTATION WATER & INFRASTRUCTURE COMMITTEE
February 2009
Working Group Members
Patty Cookson, Dept. of Conservation & Development - Building Inspection
Vanessa Cordier, Health Services Department – Environmental Health
Will Duke, Sheriff’s Office
Robert Erickson, Dept. of Conservation & Development, Building Inspection
Steven Goetz, Dept. of Conservation & Development - Community Development
Thom Huggett, Dept. of Conservation & Development - Building Inspection
Dan Jordan, Public Works Department
Richard Lee, Health Services Department – Environmental Health
Vivian Matuk, California Dept. of Boating and Waterways
Sherman Quinlan, Health Services Department - Environmental Health
Doug Powell, Sheriff’s Office
Tonya Redfield, Keep the Delta Clean
Kevin Ryan, Sheriff’s Office
Randy Sawyer, Health Services Department - Hazardous Materials
Michael Angelo Silva, Dept. of Conservation & Development - Building Inspection
Gano Thomas, Dept. of Conservation & Development - Building Inspection
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AQUATIC JUNKYARDS WORKING GROUP REPORT
Page 2 of 10
INTRODUCTION
On August 19, 2008, the Board of Supervisors requested the Transportation Water &
Infrastructure Committee (Committee) to study the Grand Jury recommendations on Aquatic
Junkyards (Report 0808), with input from the office of the Sheriff, the County’s Public Works,
Building Inspection and Health Services Departments (see Appendix A). This report provides
input to the Committee from the affected County departments. This input consists of the
following recommendations:
1. Support the efforts of the Sheriff’s Office to form partnerships with other agencies to help
abate abandoned marine vessels and navigational hazards.
2. Request our State legislative delegation and boating organizations to support
appropriation of $1 million annually from the Harbors and Watercraft Revolving Fund to
the Abandoned Water Craft and Abatement Fund (AWAF) in the budget of the
Department of Boating and Waterways as authorized by state statute.
3. Support the efforts of the Sheriff’s Office to work with other stakeholders to encourage
the Department of Boating and Waterways to allow use of AWAF grants for abatement
of abandoned commercial vessels.
4. Request County Counsel draft a fee schedule for Board adoption that will fund the
removal, storage and disposal of marine vessels in violation of the County’s mooring
regulations.
5. Request the Sheriff’s Office and the Department of Conservation and Development to
monitor the activities of public agencies that propose projects near County waterways
that could increase the exposure of the public to navigational hazards.
6. Support Assembly Bill 166 which will streamline the abatement process for abandoned
vessels through a pilot program that authorizes the sale of surrendered vessels prior to
their potential or eventual abandonment.
The support for these County staff recommendations is contained in the remainder of this report,
which follows the organization of the Grand Jury recommendations. The Committee is to report
back to the Board of Supervisors in six months.
I. Background research tasks identified by the Grand Jury Report:
a) The identification of state, federal and adjoining county agencies, and
representatives that are responsible for monitoring and addressing problems related
to the Delta waterways, especially those involving abandoned recreational and
commercial vessels, navigational hazards, and possible health and water quality
issues.
Building Inspection Division of the Department of Conservation & Development is
responsible for removal of derelict vessels, illegal buildings, junk, and debris on parcels
adjacent to the waterways. The Building Inspection Division will also enforce building
codes on parcels submerged under water. Building Inspection Division has numerous
code enforcement cases on Delta islands.
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AQUATIC JUNKYARDS WORKING GROUP REPORT
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Health Services Department is responsible for enforcing County ordinances for on-site
water supply and sewage disposal for parcels adjacent to waterways.
Sheriff’s Office has primary law enforcement responsibility for waterways within
County boundaries. The Sheriff is authorized by County ordinance to cite individuals
with derelict vessels in waterways. However, existing ordinances do not provide funding
to tow and store derelict vessels. There is concern that the declining economy may
increase the number of individuals using derelict vessels in the Delta for shelter. The
Sheriff’s Office maintains an inventory of abandoned vessels in county waterways (see
Appendix B).
Department of Motor Vehicles (DMV) is responsible for registration of self-propelled
boats and sailboats >8 feet long which are used in the waters of the State, unless the
vessel is documented by the Coast Guard. Such boats are also subject to personal
property taxes collected by the county tax collector in the county the vessel is moored or
stored. The registered owner is required to notify DMV when the vessel has been
destroyed or abandoned.
Department of Boating and Waterways is responsible for collecting accident reports
that boat operators must submit when the total damage involved is more than $500 or
there is complete loss of a vessel. Failure to submit a report is punishable by a fine of up
to $1,000 or imprisonment up to six months or both.
Department of Fish and Game is responsible for issuing permits for installation of
pilings on submerged lands in California’s waterways.
State Lands Commission has jurisdiction over all submerged lands beneath tidal and
non-tidal navigable waterways in California. This would include all submerged land in
the Delta. This jurisdiction includes issuing permits for marinas, docks, piers, moorings,
buoys, houseboats and salvage operations. Parcels owned by the Commission and
located within Contra Costa’s boundaries are subject to County regulation.
U.S. Coast Guard is responsible for documenting vessels of five net tons or more (e.g.
>25 feet long) used in fishing activities on navigable waters of the U.S., or used in
coastwise trade. In addition, towboats and dredges operating in the U.S. must be
documented under the laws of the U.S. States may require documented vessels to be
registered (but not numbered) and to display state decals showing that they have
complied with state requirements. No information is available on how documentation
fees are spent. The Certificate of Documentation must be renewed annually. The Coast
Guard will send a Notice of Renewal to the managing owner approximately 45 days prior
to expiration. The Coast Guard maintains a list of vessels documented under the laws of
the U.S.
The Coast Guard will remove the source of contamination from vessels that contaminate
navigable waters on a case-by-case basis. Their procedure can involve raising a vessel,
removing the source of contamination, and then sinking the vessel in place. The Coast
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AQUATIC JUNKYARDS WORKING GROUP REPORT
Page 4 of 10
Guard has not made available the criteria or procedures they follow to abate problem
vessels. There is a potential opportunity for coordination between the County and federal
agencies when taking action on abandoned vessels under shared jurisdictions. Such
coordination could accomplish abatement action more cost effectively. However, as
indicated earlier, the County’s ordinance on illegal mooring of vessels does not provide
funding to tow and store such vessels.
Bay Conservation and Development Commission issues permits to place fill, to extract
materials, or to make any substantial change in use of any water, land or structure, within
the area of the Commission's jurisdiction. The area of jurisdiction includes the San
Francisco Bay to the Sacramento River line, including all sloughs and submerged lands,
and a shoreline band consisting of all territory located between the shoreline of San
Francisco Bay and a line 100 feet landward of and parallel with that line.
State Water Resources Control Board (Water Board) and its regional boards were
established by the California Water Code as the primary State agencies for protecting the
quality of waters. The Water Board issues orders to agencies or individuals whose actions
have the potential for polluting the waters of California. A variety of remedies are used
when agencies or individuals fail to comply with these orders or with other Water Board
regulations. An example of such enforcement is its recent order to the U.S. Department of
Tranportation to abate unlawful and unpermitted discharges from the Suisun Bay
Mothball Fleet into Suisun Bay. It is not known if abandoned vessels or pilings in Contra
Costa waterways represent a high enough priority for enforcement action by the Water
Board. The Water Board also administers funds from two state bonds, Proposition 13
and Proposition 40, to support local water quality projects including removal of
contaminants from waterways.
California Conservation Corps works in the Delta and has the gear required for larger
debris removal jobs, not just litter removal. It has to be determined to be a navigational
hazard in order to justify use of the Corps debris removal team.
Army Corps of Engineers Operations Program (OP) maintains designated “federal
channels” for navigation and provides technical assistance for vessel removal. The OP
will dredge to maintain channel depth, and is authorized to remove channel obstructions
that are hazards to navigation. The OP also removes potential federal channel
obstructions from San Francisco Bay. The Corps has some debris collection boats that
can pick up an average of 90 tons of material each month. For the Corps to consider
vessel removal the vessel should be likely to disrupt navigation in a federal channel and
the vessel is determined to be “hazard to navigation” under Corps regulations. Vessel
removals are considered by Corps District Operations staff on a case-by-case basis.
Corps Districts have some emergency vessel removal authority. Under the OP, the Corps
provides technical assistance for removal of submerged or partially submerged vessels
and advises state and local entities regarding removal options. The Corps OP points of
contact include: Sacramento District (Sacramento County and points east: Michael
Mahoney: 916-557-6714) and San Francisco District (west of Sacramento County:
Michael Dillabough: 415- 503-6770)
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The second program is the Corps’ Regulatory Program (RP). This program is under two
Federal Laws: the Rivers and Harbors Act (RHA) Section 10 and the Clean Water Act
(CWA) Section 404. The first states that permits are required for structures (piers,
dredging, wharves, bulkhead, crossings, and moorings) and obstruction in navigable
waters (including most Delta waters). Permanently moored vessels are considered
“structures” and so require Corps RHA permits. There are civil and criminal penalties for
noncompliance. The CWA states that a permit is required for the discharge of dredge or
fill-materials into navigable waters or “other waters of the US” (“Fill” includes roads,
levees, and site development). An abandoned vessel could act as a “fill” and become a
CWA, Section 404 violation. There are also civil and criminal penalties for
noncompliance.
There is a Nationwide Permit (NWP) 22 for removal of wrecks. This permit is required
if temporary structures or temporary fills are needed to remove wrecked, abandoned or
disabled vessels otherwise no Corps permit is required. Coordination is required when a
historic vessel is involved; could “take” an endangered species or effects of removal
could be more than minimal (such as a large wreck). NWP 22 requires coordination with
local Regional Boards. Authorization under NWP 22 does not establish property rights to
remove vessel. The Corp’s RP contacts are: Sacramento District (Sacramento County
and points east: Lisa Gibson: (916) 557-5288) and San Francisco District (west of
Sacramento County: Jane Hicks: (415) 503-6771).
The Sacramento and San Joaquin rivers in the Delta are designated as federal channels.
All other waterways in the Delta are outside federally maintained navigation channels.
Generally abandoned vessels in the Delta will not meet criteria for Corps removal. The
Corps RP can pursue violations associated with abandoned vessels when appropriate.
Corps practice for vessel removal is to relocate vessel within the waterway but outside
the federal channel. Vessels relocated from federal channels in County waterways by the
Corps may be subject to violation of County mooring regulations after 96 hours. There is
a potential opportunity for coordination between the County and federal agencies when
taking action on abandoned vessels under shared jurisdictions. Such coordination could
accomplish abatement action more cost effectively. However, as indicated earlier, the
County’s ordinance on illegal mooring of vessels does not provide funding to tow and
store such vessels.
b) The identification of all state, federal, private sector, and non-profit organization
funds that might be available to allow for the more timely and efficient removal of
all abandoned vessels, dilapidated buildings, pilings, junk, and debris from the
water and adjacent shoreline.
Department of Boating and Waterways administers the Abandoned Watercraft
Abatement Fund (AWAF). It provides funds to public agencies to remove recreational
abandoned vessels or any other partially submerged objects which pose a substantial
hazard to navigation, from navigable waterways or adjacent public property, or private
property with the landowner's consent. Removal of an abandoned vessel by a public
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agency for abatement may require an appraisal, public noticing and is subject to a hearing
process. It allows local public agencies to apply for funding and, upon approval, enter
into a contract grant agreement with the Department. The Sheriff’s Office Marine Patrol
Unit has participated in this program since it began. In awarding grants, extra
consideration will be given to applicant agencies that are proactive in keeping abandoned
vessels off State waters and maintain a navigational hazard abatement plan. The Sheriff’s
Office has a navigational hazard abatement plan that provides for one deputy to abate
vessels and policy and procedures manual to abate abandoned vessels. Grants awarded
must be matched by a 10 percent contribution from the local agency receiving the grant.
AWAF receives funding from boater registration fees which are deposited in the Harbors
and Watercraft Revolving Fund. Commercial vessels that are a navigational hazard are
not candidates for abatement under this program.
Sheriff’s Office Marine Patrol Unit participates in an annual community cleanup event
along the Bay Point shoreline. Waste haulers often provide dumpsters for community
clean up events as part of their franchise agreement with the local agencies responsible
for solid waste disposal.
Contra Costa County, through the approved Land Use Permit for the Keller Canyon
Landfill and County Transfer Station, receives revenue from the deliveries entering these
facilities. Some of these revenues currently fund code enforcement activities of the
Building Inspection Division. These funds are allocated annually by the Board of
Supervisors.
Contra Costa County Watershed Program (within the Public Works Department) has
received Proposition 13 and Proposition 40 funds from the State Water Quality Control
Board to fund the Keep the Delta Clean Program. The major emphasis of this program is
to reduce pollution in Delta waterways by setting up environmental services while
educating boaters about clean and safe boating. To help reduce water pollution from
abandoned vessels, the Watershed Program purchased a trailer for the Sheriff’s Office for
the removal and transport abandoned vessels to disposal sites. This purchase represented
a minor part of the program. Research has shown that creosote pilings (a component of
water debris) can impact aquatic habitat.
California Coastal Conservancy will allocate $3.5 million (from Propositions 12, 40
and 84) to construct and enhance approximately 35 launch sites for the San Francisco
Bay Area Water Trail. The Bay Conservation and Development Commission is currently
developing the Water Trail Plan. The Coastal Conservancy is the lead agency for
implementing the Water Trail and is preparing an Environmental Impact Report. Some
of the proposed launch sites are adjacent to abandoned piers and pilings identified in the
Grand Jury report. The County has requested the Coastal Conservancy to survey the
shoreline for potential navigational hazards to trail users and to address any potential
hazards in the Environmental Impact Report. The Sheriff will work with the project
sponsors of these launch sites to determine if all or portion of these abandoned piers and
pilings should be removed as part of constructing or enhancing these launch sites.
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c) An investigation of the practicality of establishing a non-profit organization to assist
in fund raising efforts in support of the effort to clean up the County’s waterways
and adjacent shoreline.
Non-profits can donate or pass through funds from the private sector for equipment as
well as for the removal of debris from the Delta. Discover the Delta Foundation is an
existing non-profit organization whose mission is to increase awareness of the
agricultural, cultural, historical, environmental, and recreational value of the California
Delta so that this very important resource can be better understood, protected, enhanced,
and enjoyed. Other non-governmental organizations that could support abatement efforts
include the Recreational Boaters of California, the Marine Recreational Association and
the California Association of Port Captains and Harbor Masters.
d) An investigation of the practicality of establishing a program similar to the state’s
“Adopt a Highway” effort to allow citizens and the private sector to actively and
visibly support the effort to clean up the county’s waterways.
Debris in the Delta is often difficult to access and hazardous to remove. For these
reasons the County should not sponsor citizens or private organizations seeking to clean
up the County’s waterways.
e) An investigation of the practicality of establishing and promoting a dedicated
telephone tip line to allow citizens to report abandoned vessels and aquatic dump
sites that are detrimental to the County’s waterways.
Citizens can readily contact the Sheriff through existing phone numbers to report
abandoned vessels and aquatic dump sites. There is no need for a telephone tip line.
II. Scope and Possible Financing for a Cleanup Plan
County staff recommends that the County seek additional resources for the removal of
abandoned vessels from Delta waterways at the federal, state and local level. This report
identified 12 separate agencies that have some responsibility for monitoring and addressing
problems involving abandoned recreational and commercial vessels, navigational hazards, and
possible health and water quality issues. Opportunities exist to not only obtain additional
resources but to channel existing resources of multiple agencies to help solve problems resulting
from debris in our waterways.
Recommendation 1: Support the efforts of the Sheriff’s Office to form partnerships with other
agencies to help abate abandoned marine vessels and navigational hazards.
The Coast Guard and Army Corp of Engineers will abate abandoned marine vessels and
navigational hazards on a case-by-case basis. The Sheriff’s Office, in consultation with the
District Attorney’s Office, is exploring opportunities with these federal agencies for coordinated
abatement actions in county waterways. These partnerships could help leverage federal
resources to clean up county waterways.
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The State Water Quality Control Board (Water Board) issues orders and fines against responsible
agencies and individuals whose actions have the potential to pollute the waters of the State. The
Water Board also allocates funds to local projects that improve water quality, expand
recreational opportunities, and improve aquatic habitat. The Sheriff’s Office has worked with
the Contra Costa Clean Water Program to obtain funding and resources to remove abandoned
vessels and other water contaminants from county waterways. County staff has begun
investigating the potential for incorporating abatement of abandoned pilings piers in state or
federally funded habitat restoration projects.
Recommendation 2: Request our State legislative delegation and boating organizations to
support appropriation of $1 million annually from the Harbors and Watercraft Revolving Fund to
Abandoned Water Craft and Abatement Fund in the budget of the Department of Boating and
Waterways as authorized by state statute.
Over the last 10 years the County has applied for and received AWAF grants. This funding has
allowed the removal of 280 vessels from County waterways at an average cost of $3,272 per
vessel. Competition for this state funding has gradually increased while the amount of revenue
dedicated to the program has not.
State statute authorizes the appropriation of up to $1 million annually in revenue from the
Harbors and Watercraft Revolving Fund to AWAF. Historically, the state has only appropriated
$500,000 annually to AWAF. In FY 08-09, for the first time not all eligible AWAF grant
requests were funded. One agency’s grant was rejected due to insufficient funds. A total amount
of $704,443 was requested by 19 agencies. With the increased competition for funding, the state
should appropriate the fully authorized amount to AWAF. Additional revenue could be
generated by increasing the penalty for abandoning vessels which is now $500 to $3,000 (as
proposed by AB 1950 last year) or by increasing the annual State boat registration fee which is
now $12 and deposit the increased revenue into the Harbors and Watercraft Revolving Fund.
Recommendation 3: Support the efforts of the Sheriff’s Office to work with other stakeholders
to encourage the Department of Boating and Waterways to allow use of AWAF grants for
abatement of abandoned commercial vessels.
Historically, abatement of abandoned commercial vessels has not been funded through AWAF
grants. The Sheriff’s Office and the DBW have agreed to consider removal of abandoned
commercial vessels on a case-by-case basis in future AWAF grants. However, the DBW remains
concerned that recreational boaters will object to the use of AWAF grants for removal of
abandoned commercial vessels because AWAF is funded from fees paid by recreational boaters.
The Sheriff’s Office has started working with other Delta counties to document the extent of
abandoned commercial vessels to demonstrate that this is a growing problem to recreational
boaters. The Sheriff’s inventory of identified abandoned vessels includes 20 commercial vessels.
The Sheriff’s Office will also be seeking support from recreational boater organizations for use
of AWAF grants on abandoned commercial vessels.
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Recommendation 4: Request County Counsel draft a fee schedule for Board adoption that will
fund the removal, storage and disposal of marine vessels in violation of the County’s mooring
regulations.
At the local level, the Board of Supervisors adopted an ordinance for sections of the Health and
Safety Code prohibiting illegal mooring of vessels. Such vessels are subject to removal, storage
and disposal by the County. At this point the Board has not adopted a fee schedule to implement
this provision of the County Code. The Sheriff must use General Funds to enforce these sections
of the County Code.
Recommendation 5: Request the Sheriff’s Office and the Department of Conservation and
Development to monitor the activities of public agencies that propose projects near County
waterways that could increase the exposure of the public to navigational hazards.
Abatement efforts are currently limited to Delta waterways, where most boating occurs.
However, the County has 240 miles of shoreline. The Sheriff’s Office and the Department of
Conservation and Development had begun monitoring actions by public agencies that may
expand boating to other portions of our shoreline. If such actions are near debris along the
shoreline and create the potential to expose the public to navigational hazards, the Sheriff’s
Office will work with these agencies to eliminate potential danger to the public.
III. Propose changes to legislation or procedures to allow abatement of abandoned
commercial vessels through the Abandoned Watercraft Abatement Fund.
Recommendation 6: Support Assembly Bill 166 which will streamline the abatement process for
abandoned vessels through a pilot program that authorizes the sale of surrendered vessels prior to
their potential or eventual abandonment.
In 2008, the Sheriff’s Office supported AB 1950 (Lieu) which would streamline the abatement
process for abandoned vessels through a pilot program that authorizes the sale of surrendered
vessels prior to their potential or eventual abandonment. Specifically, this bill:
1) Establishes a new class of vessels called "surrendered vessels" and would authorize
the sale of them to public agencies prior to them being abandoned. As defined,
"surrendered vessels" means a vessel that the verified title holder has willingly
surrendered to a willing public agency under both following conditions:
a) The public agency has determined, in its sole discretion, that the vessel is in
danger of being abandoned, and therefore has a likelihood of causing
environmental degradation or becoming a hazard to navigation; and,
b) The decision to accept a vessel is based solely on the potential of the vessel to
likely be abandoned and cause environmental degradation or become a hazard to
navigation.
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2) Increases the current minimum penalty for vessel abandonment from $500 to
$1,000.
3) Allows the use by local entities of grant funds from the existing AWAF to dispose
of the surrendered vessels.
4) Authorizes surrendered vessels to be disposed of immediately upon acceptance by a
public agency and exempts them from the provisions of transfer that must be followed
by abandoned vessels.
5) Requires the Department of Boating and Waterways (DBW) to track the number of
surrendered vessels accepted by a public agency for disposal under AWAF grant
funding over a two-year period from January 1, 2009 to January 1, 2011. Requires
DBW to report the information, along with any recommendations to revise or continue
the pilot program, to the Assembly Transportation Committee and the Senate
Transportation and Housing Committee by July 1, 2011.
6) Sunsets the provisions of this bill on January 1, 2012.
This bill was passed unanimously by both houses of the Legislature, but vetoed by the Governor.
His veto message said that due to a delayed state budget, he only had time to sign high priority
bills. AB 1950 did not meet that standard. At the request of the Sheriff, the State Sheriff’s
Association obtained the support of Assemblyman Lieu (D-El Segundo) to reintroduce this bill
in 2009 as AB 166.
IV. Role of the Sheriff’s Inventory of Identified Abandoned Vessels
The Sheriff maintains an inventory of abandoned vessels, both recreational and commercial.
This inventory includes a photo, location coordinates, and registration information for each
vessel. This inventory is updated annually for the purpose of preparing applications for AWAF
grants and for tracking the effectiveness of the County’s abatement efforts. The inventory
includes 30 abandoned vessels located in county waterways. Some of the vessels shown in the
Grand Jury Report were part of this inventory. See Appendix C for photographs of vessels
identified in the Grand Jury Report and the same location after removal of the vessel by the
Sheriff’s Office.
Recently, the Contra Costa Watershed Program has agreed to survey these vessels for hazardous
materials, determine the threat to water quality, estimate the additional cost to abate these
vessels, and add this information to the inventory in 2009. The inventory will be performed
based on availability of grant funding from the Keep the Delta Clean Program which is managed
by Contra Costa County Watershed Program.
g:\transportation\committees\twic\2008\aquatic junkyards\working group report.doc
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APPENDIX A
Response to Grand Jury Report No. 0808,
Entitled “Aquatic Junkyards Exist in Contra Costa County”
4-11
Contra
Costa
County
TO: BOARD OF SUPERVISORS
FROM: JOHN CULLEN, County Administrator
DATE: AUGUST 12, 2008
SUBJECT: RESPONSE TO GRAND JURY REPORT NO. 0808, ENTITLED “AQUATIC
JUNKYARDS EXIST IN CONTRA COSTA COUNTY”
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE response to Grand Jury Report No. 0808, entitled "Aquatic Junkyards Exist in Contra
Costa County” and DIRECT the Clerk of the Board to forward the response to the Superior Court no
later than August 31, 2008.
BACKGROUND:
On June 2, 2008, the 2007/2008 Grand Jury filed the above-referenced report, which was reviewed by
the Board of Supervisors and subsequently referred to the County Administrator, who with the
Sheriff-Coroner, Conservation and Development Director, and Health Services Director, jointly
prepared the attached response that clearly specifies:
A. Whether a finding or recommendation is accepted or will be implemented;
B. If a recommendation is accepted, a statement as to who will be responsible for
implementation and by what definite target date;
C. A delineation of the constraints if a recommendation is accepted but cannot be implemented
within a six-month period; and
D. The reason for not accepting or adopting a finding or recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
_____RECOMMENDATION OF COUNTY ADMINISTRATOR _____RECOMMENDATION OF BOARD COMMITTEE
_____APPROVE _____OTHER
SIGNATURE(S):
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ACTION OF BOARD ON___________________________APPROVE AS RECOMMENDED ___________ OTHER ___________
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
_____ UNANIMOUS (ABSENT___________________) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES:______________________ NOES:_____________________ SHOWN.
ABSENT:___________________ ABSTAIN: _________________
ATTESTED: AUGUST 19, 2008
CONTACT: JULIE ENEA (925) 335-1077 JOHN CULLEN, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: PRESIDING JUDGE OF THE GRAND JURY
GRAND JURY FOREMAN
SHERIFF-CORONER BY _______________________________, DEPUTY
CONSERVATION AND DEVELOPMENT DIRECTOR
HEALTH SERVICES DIRECTOR
4-12
BOARD OF SUPERVISORS RESPONSE TO
GRAND JURY REPORT NO. 0808:
AQUATIC JUNKYARDS EXIST IN CONTRA COSTA COUNTY
FINDINGS
1. Sections 663 and 663.5 of the California Harbors and Navigation Code specify that county
sheriffs have the primary law enforcement responsibility for waterways within their
respective jurisdictions.
Response: Agree.
2. Contra Costa County (County) shares waterway boundaries with Sacramento, Solano, San
Joaquin, and Alameda Counties.
Response: Agree.
3. The County is responsible for approximately 200 miles of waterways and shorelines.
Response: Agree.
4. These waterways are important to the county and the state, not only because they are the
source of drinking and irrigation water for millions of the state’s citizens, but because they
also offer fishing and recreational opportunities.
Response: Agree.
5. There are places in the County where waterways, shorelines, and adjacent land are littered
with debris, abandoned vessels, docks and pilings, gutted mobile homes, and houses that have
fallen into the waterway.
Response: Agree. Further cleanup of county waterways is necessary. The County
Department of Conservation and Development (DCD) code enforcement staff has been
diligent in identifying code violations, discussing building, zoning, and health concerns with
property owners, citing violations, and pursuing code enforcement action as necessary.
6. Residences like those shown below have been constructed adjacent to Delta waterways
without the necessary building permits and are not in compliance with County codes in
regard to electrical wiring, plumbing, sewerage disposal, treated water, fire protection, and
building integrity.
Response: Agree. There remain many substandard buildings and structures, and junkyard
conditions adjacent to Delta waterways. However, the DCD has been active in code
enforcement related to structures on islands in the Delta waterways. These activities include:
♦ Bradford Island residents were provided with eight 20-yard trash dumpsters free of
charge in 2000, courtesy of DCD and the Public Works Department.
♦ Salisbury Island was abated of 110 structures, including 39 residences and 42 docks
in 2004.
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Aquatic Junkyards Exist in Contra Costa County August 12, 2008
County Response to Grand Jury Report No. 0808 Page 2
2
♦ Golden Gate Island was approved for abatement by the Board of Supervisors in 2005,
and that decision was upheld by the Superior Court. On July 25, 2008, the First
District Court of Appeal ruled in the County’s favor, triggering a new 40-day appeal
period. Absent any further appeal, the County can begin abatement.
♦ Bradford Island has two current code enforcement cases that include the issues in the
pictures in the Grand Jury report. On August 5, 2008, the Board of Supervisors
denied the appeal on one case and granted the owners 90 days to comply with
abatement order. The other case is still pending.
♦ Quinn Island has five current code enforcement cases that include the issues shown in
the pictures in the Grand Jury report.
♦ Quimby Island has two pending code enforcement cases.
♦ Hammer Island has one pending code enforcement case.
♦ Holland Tract has one pending code enforcement case.
The DCD has worked extensively in the past with the Sheriff’s Department and other local
agencies to clean up the County’s waterways and shorelines. In fact, the barge, floating
home, and derelict vessels shown in the picture on the top of page 22 of the Grand Jury
report no longer exist because of just such a joint effort, which was featured in the cover
story of the March 2007 edition of the Building Inspection newsletter (copy attached).
Notably, the County’s code enforcement efforts on Salisbury Island garnered national
recognition, with the County being named a “2005 Achievement Award Winner” by the
National Association of Counties.
7. Derelict vessels and many other abandoned objects in the County’s waterways contain toxic
substances. Examples include creosote-treated pilings, lead-acid batteries, fuel tanks,
asbestos, and lead paint.
Response: Agree.
8. Abandoned commercial vessels in the waterways include tugboats, commercial fishing boats,
schooners, houseboats, barges, cranes, and dredges. Some vessels exceed 300 feet in length.
These vessels are often accompanied by junk and debris, including butane and propane tanks,
kitchen appliances, tires, barrels, scrap iron, and portable toilets.
Response: Agree, with the clarification that houseboats are generally considered
recreational, not commercial, vessels.
9. Abandoned creosote-covered pilings, some with the remnants of buildings on them, number
in the thousands.
Response: Agree. The DCD pursues code enforcement cases through the owner of the
property on which the violation exists. Many of the pilings are located on land that is under
the jurisdiction of the State Lands Commission.
10. The Office of the Sheriff (Sheriff) reports that some individuals have purchased derelict
vessels and moved them into out-of-the-way locations. These derelict vessels are then
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Aquatic Junkyards Exist in Contra Costa County August 12, 2008
County Response to Grand Jury Report No. 0808 Page 3
3
inhabited in violation of County codes. Squatters also have moved into abandoned vessels.
They pollute the waterways with garbage and untreated human sewage.
Response: Agree.
11. Counties adjacent to Contra Costa have not enacted ordinances that would enable them to
participate with Contra Costa in removing derelict or abandoned vessels in the Delta.
Response: Disagree. Solano County has enacted an ordinance similar to Contra Costa
County’s Vessel Mooring and Sanitation Ordinance in an effort to enforce illegal sewage
disposal and mitigate the potential for future abandoned vessels. Sacramento and San
Joaquin Counties have drafted similar ordinances, which are currently in the legislative
review process.
12. Several County agencies administer regulations pertaining to the waterways. The primary
agencies are the Sheriff and the Building Inspection Department.
Response: Agree. The Office of the Sheriff and the DCD will continue to work in
conjunction with the Public Works Department, HSD-Environmental Health Division, and
federal and State agencies to address code enforcement issues in the Delta.
13. Four of the County’s five supervisorial districts have waterways that are polluted by
abandoned watercraft, junk, and debris as shown on the following map.
Response: Agree. See the County’s response to Finding No. 6.
14. The Sheriff started patrolling the Delta in the 1960’s with its Marine Patrol Unit (MPU).
Response: Disagree. The Sheriff’s Department started patrolling the Delta in 1954.
15. The Sheriff began removing abandoned recreational vessels from the Delta in 1987.
Response: Disagree. The Sheriff’s Department began removing abandoned recreational
vessels from the Delta in 1997.
16. The County’s Building Inspection Department is responsible for the removal of derelict
vessels, illegal buildings, junk, and debris on land adjacent to the waterways.
Response: Agree. See the County’s response to Finding No. 6.
17. Since 1997, the California Department of Boating and Waterways has provided grants to the
County for derelict vessel removal. The use of this money is restricted to the removal of
recreational vessels as well as pilings that are a threat to navigation.
Response: Agree. The Sheriff’s Department in 2007/08 received approximately $102,000 in
grant funding for derelict vessel removal and removed 22 vessels, 8 pilings, and 4 docks.
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Aquatic Junkyards Exist in Contra Costa County August 12, 2008
County Response to Grand Jury Report No. 0808 Page 4
4
18. The Sheriff is not aware of the total number and location of all abandoned commercial
vessels located in the County’s waterways.
Response: Partially disagree. The Sheriff’s Department maintains an inventory of identified
abandoned recreational and commercial vehicles. The inventory is updated on a semi-
annual basis.
19. Over the past 10 years, the MPU has removed an average of 30 abandoned recreational
vessels per year.
Response: Agree.
20. The MPU is funded by state boat registration fees, the County’s general fund, and the state’s
Boating and Waterways Agency. The MPU annual budget is approximately $1.3 million. The
budget does not include funding for the Sheriff’s Air Support Unit. This unit is funded
through the federal Drug Enforcement Administration.
Response: Partially disagree. The Sheriff’s Department Marine Patrol Unit is funded by
County boat tax revenue, financial aid from the California Department of Boating and
Waterways, and the County General Fund. The Sheriff’s Department Air Support Unit is
primarily funded by State and federal grants. Neither program is funded with vessel
registration fees.
21. The MPU has 11 full-time-equivalent staff consisting of 4½ deputy sheriffs, one sergeant, 1½
staff in the air support unit, one lieutenant, and three full-time equivalent positions to provide
part-time support. The MPU has seven boats, six vehicles, six trailers, and two helicopters.
Response: Partially disagree. The Sheriff’s Department Marine Patrol Unit has 8 full-time
equivalent staff comprising 4½ deputy sheriff, 1 sergeant, 1 lieutenant, and 4 per-diem
positions. The Sheriff’s Department Air Support Unit has 1½ full-time equivalent deputy
sheriff positions, contract pilot services, and two helicopters.
22. In fiscal year 2007-08, the MPU received a grant of $102,000 from the California Department
of Boating and Waterways for derelict recreational vessel removal. This grant requires 10%
matching funds from the County.
Response: Agree.
23. The Sheriff has participated, and continues to participate with state legislators, to develop
maritime policing legislation.
Response: Agree.
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Aquatic Junkyards Exist in Contra Costa County August 12, 2008
County Response to Grand Jury Report No. 0808 Page 5
5
24. The California Department of Motor Vehicles charges a $20 registration fee every two years
for recreational boats, but it fails to track ownership changes. After seven years of registration
inactivity, the records are purged.
Response: Agree.
25. Abandoned vessels are often stripped of state registration numbers. This makes it impossible
to identify vessel owners to charge them for removal of their property.
Response: Agree.
26. Based on available funds, 30 derelict recreational vessels are scheduled for removal in fiscal
year 2007-08.
Response: Agree.
27. Submerged derelict vessels are difficult to locate, identify, and remove. The cost to remove
and dispose of sunken vessels is approximately twice the cost to remove and dispose of
floating abandoned vessels.
Response: Agree.
28. There is no County funding source for the removal of derelict commercial vessels.
Response: Partially disagree. The County allocates 10% matching funds ($9,325 in
2007/08) to secure the California Department of Boating and Waterway grant funding.
There are no other County funds designated specifically for the removal of derelict
commercial vessels.
29. No County agencies are charged with removing garbage, debris, and junk from within the
County’s waterways.
Response: Agree.
30. The Sheriff is authorized by County ordinance to cite individuals who litter the waterways.
Response: Agree.
31. The MPU spends an average of 20 hours of staff time per week dealing with abandoned
vessels. This represents 15% of the MPU’s total staff hours.
Response: Agree.
32. The MPU assists other County departments and agencies by providing water transportation to
help them fulfill their duties.
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Aquatic Junkyards Exist in Contra Costa County August 12, 2008
County Response to Grand Jury Report No. 0808 Page 6
6
Response: Agree.
33. The Health Services Department’s Environmental Health Division and the Building
Inspection Department do not proactively address code violations on or adjacent to the
County’s waterways. They only respond to complaints.
Response: Partially disagree. Since the abatement of Salisbury Island in 2003, The DCD
has actively pursued code violations in the Delta. As indicated in the County’s response to
Finding No. 6, there are 12 active code enforcement cases, including Golden Gate Island,
and this list will expand as the County becomes aware of other similar situations.
RECOMMENDATIONS
The 2007-2008 Contra Costa County Grand Jury recommends that:
1. Within six months of this report, the Supervisors and the Sheriff create a joint task force to
develop and present to the Supervisors a plan for the cleanup up of the County’s waterways
and adjoining shoreline. Task force members should include, but may not be limited to,
representatives from the Office of the Sheriff and the County’s Public Works, Building
Inspection, and Health Services Departments.
Response: The recommendation will be implemented within six months. The Board of
Supervisors will request its Transportation, Water & Infrastructure Committee (TWIC) to
study this matter with input from the Office of the Sheriff, the DCD, and the Public Works
and Health Services Departments.
2. The Supervisors direct the joint task force to address the following elements in its
Delta cleanup plan:
a. The identification of state, federal, and adjoining county agencies, and representatives
that are responsible for monitoring and addressing problems related to the Delta
waterways, especially those involving abandoned recreational and commercial
vessels, navigational hazards, and possible health and water quality issues.
b. The identification of all state, federal, private sector, and non-profit organization
funding that might be available to allow for the more timely and efficient removal of
all abandoned vessels, dilapidated buildings, pilings, junk, and debris from the water
and adjacent shoreline.
c. An investigation of the practicality of establishing a non-profit organization to assist
in fund raising efforts in support of the effort to clean-up the County’s waterways and
adjacent shoreline.
d. An investigation of the practicality of establishing a program similar to the state’s
“Adopt-a-Highway” effort to allow citizens and the private sector to actively and
visibly support the effort to clean-up the County’s waterways.
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Aquatic Junkyards Exist in Contra Costa County August 12, 2008
County Response to Grand Jury Report No. 0808 Page 7
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e. An investigation of the practicality of establishing and promoting a dedicated
telephone tip line to allow citizens to report abandoned vessels and aquatic dump sites
that are detrimental to the County’s waterways.
Response: The recommendation will be implemented within six months. The Board of
Supervisors will request the TWIC to address in its study the elements described in
Recommendations 2(a)-(e), and report back to the Board with its findings and
recommendations on the scope of and possible financing for a cleanup plan.
3. The Supervisors identify the amount of general funds necessary to support the
recommendations of the task force, including those that may be required to match state,
federal, and private sector grants.
Response: The recommendation will be implemented within six months. The cost to
implement any recommendations of the TWIC will be identified in the report that results from
the TWIC study described in the County’s response to Recommendation Nos. 1 and 2.
4. The Supervisors and the Sheriff should be proponents of legislation and actions regarding the
identification and removal of both recreational and commercial derelict or abandoned vessels
and other debris. They should consider advocating for an increase to the state’s recreational
watercraft registration fee and for a change in state law that would allow the additional
revenue to be used for the abatement of abandoned commercial as well as recreational
vessels.
Response: The recommendation has not been implemented, but will be implemented in the
future. The Sheriff’s Department, in cooperation with the California State Sheriff’s
Association, has committed to propose a change in state law that would allow the existing
annual funds available in the California Department of Boating and Waterways, Abandoned
Watercraft Abatement Program to be used for the abatement of abandoned commercial as
well as recreational vessels.
5. The Sheriff conducts a semi-annual inventory of all abandoned vessels to provide additional
evidence and documentation to support the department’s requests for additional funding.
Response: The recommendation has been implemented. The Sheriff’s Department Marine
Patrol Unit maintains an inventory of identified abandoned vessels that is updated semi-
annually.
4-19
APPENIDIX B
Sheriff’s Inventory of Abandoned Vessels in Contra Costa County
(Water Hazard Removal List Worksheet)
4-20
State of CaliforniaPage 1 of 3Department of Boating and WaterwaysWATER HAZARD REMOVAL LISTEXHIBIT ADBW-AWAF-2 (6/05)WATER HAZARD REMOVAL LIST (WHRL)-WORKSHEETProjectNumberVessel Name/Description andLocationType of Hazard: please checkAV = Abandoned VesselNH = Navigational HazardEH = Environmental Hazard O = OtherVessel Reg. #or HIN #LengthHullMaterialCompliancew/ H&NCChp. 3Article 1please checkCostEstimateCommentHazard Revision: D = DisposedS = SoldR = Reclaimedplease check oneAVNHEHO YesNoDSR1N/W side of Quimby Isl. in tules Old River/WaterworldXXXNone30'FiberX$6,000.002Old River/Sandmound Slough South of Phee's old placeXXXNone30'MetalX$6,000.003N/W side of Quimby Isl. On levee Old /RiverXXXCF 1160 FL25'FiberX$5,000.004Dutch Slough-North side of the tulesXXXNone25'FiberX$5,000.005Twin Sloughs, south of R.R. tracks. Between Old and Middle RiverXXXCF 1914 CZ18'FiberX$3,600.006San Joaquin River - Federal Reserve LandsXXXNone18'FiberX$3,600.007Bradford Island - Fishermans CutXXXCF 7150 EW25'FiberX$5,000.00X8Old River/Sandmound Slough Levee of Quimby Isl.XXXNone38'WoodX$7,600.009North Bradford Isl. San Joaquin RiverXXXNone28'FiberX$5,600.00X10East end of Little Franks TractXXXNone35'WoodX$7,000.00X11Sandmound Slough- South of the "S" turnsXXXNone42'MetalX$22,000.0012IFO 2610 Taylor SloughXXXNone40'Cement$8,000.004-21
State of CaliforniaPage 2 of 3Department of Boating and WaterwaysWATER HAZARD REMOVAL LISTEXHIBIT ADBW-AWAF-2 (6/05)WATER HAZARD REMOVAL LIST (WHRL)-WORKSHEETProjectNumberVessel Name/Description andLocationType of Hazard: please checkAV = Abandoned VesselNH = Navigational HazardEH = Environmental Hazard O = OtherVessel Reg. #or HIN #LengthHullMaterialCompliancew/ H&NCChp. 3Article 1please checkCostEstimateCommentHazard Revision: D = DisposedS = SoldR = Reclaimedplease check oneAVNHEHO YesNoDSR13Italian Slough near Clifton Forebay/ Stored at MSU officeXXXCF 7408 NS9'FiberX$100.00PWC14Broad Slough/ S.E. corner of Winter IslandXXXCF 6972 EF20'FiberX$3,500.0015Harris Marina East of McAvoy's HarborXXXUnk20'WoodX$3,500.0016San Joaquin River/Antioch stored at delta yardXXXCF 1374 SE14'FiberX$100.0017San Joaquin River/Antioch stored at delta yardXXXMC 7168 AF16'FiberX$100.0018Sandmound Slough across from 4944 Sandmound Blvd.XXXCF 8161 FF40'FiberX$8,000.00Sunk19S.J. River just west of Antioch public launchXXCF 3756 EU18'FiberX$3,600.00Hard to reach, many submerged pilings in area 20S.J. River, east of the Gypsum plant(next to # 6)XXXCF 2647 HW18'FiberX$3,060.00212300 Dutch Slough Rd. Pontoons with wood slats (old houseboat?)XXNone40'MetalX$7,000.00Floating22S.J. River, west of the Antioch public launch (Tommy's island)XXXCF 3521 AJ40'WoodX$8,000.00Sunk23Fulton Shipyard/ S.J. River. Stored at Delta yardXXXNone10'FiberX$100.0024Fulton Shipyard/ S.J. River. Stored at Delta yardXXXCF 2638 BK14'FiberX$100.004-22
State of CaliforniaPage 3 of 3Department of Boating and WaterwaysWATER HAZARD REMOVAL LISTEXHIBIT ADBW-AWAF-2 (6/05)WATER HAZARD REMOVAL LIST (WHRL)-WORKSHEETProjectNumberVessel Name/Description andLocationType of Hazard: please checkAV = Abandoned VesselNH = Navigational HazardEH = Environmental Hazard O = OtherVessel Reg. #or HIN #LengthHullMaterialCompliancew/ H&NCChp. 3Article 1please checkCostEstimateCommentHazard Revision: D = DisposedS = SoldR = Reclaimedplease check oneAVNHEHO YesNoDSR25Dutch Slough/Woods Harbor. Stored at Delta yardXXXNone10'FiberX$100.0026Dutch Slough/Viking Harbor. Stored at Delta yardXXXNV 7361 KJ9'FiberX$100.00PWC27Dutch Slough/Woods Harbor. Stored at Delta yardXXXNone10'MetalX$100.0028Sandmound Slough/ South of "S" turnsXXXCF 1444 EE39'FiberX$6,825.0029Discovery Bay Channel / DB MarinaXXXCF 5557 GM18' FiberX$0.00RO paid for disposalX30San Joaquin River / MayberryCut XXXCF 3643 FJ15'FiberX$0.00RO paid for disposalX4-23
APPENDIX C
“Before” and “After” Photos of Locations Identified
in the Grand Jury Report on Aquatic Junkyards.
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Bradford island “After”Junk and Abandoned Vessels near tip of Holland Tract “After”Junk and Abandoned Vessels near tip of Holland Tract “Before”Bradford island “Before”4-25
Fisherman’s Cut “After”Fisherman’s Cut “Before”4-26