The city of Newport Beach’s plan to construct a massive underwater pit in Newport Harbor to dispose of contaminated soil has been temporarily halted. The U.S. Army Corps of Engineers, in response to legal challenges against the project, has suspended the permit granted to the city earlier this year. Additionally, the agency will conduct further analysis on the potential environmental impact of the proposed pit. In exchange for this delay, Orange County Coastkeeper, a nonprofit organization, and a group of local residents called Friends of Newport Harbor have agreed to pause their lawsuits against the Army Corps.
Shana Conzelman, the president of Friends of Newport Harbor, expressed satisfaction with the Army Corps’ decision to revisit the environmental analysis, emphasizing the organization’s concern for human health and the environment.
The Army Corps has not provided an estimate for the duration of the additional studies, making it unclear when the overdue dredging work in the harbor can commence. If the underwater pit is ultimately deemed inappropriate, it is also uncertain where the contaminated soil will be taken.
A progress report on the situation must be submitted in six months, as mandated by U.S. District Judge David Carter’s order on July 13.
The project has been in development for nearly five years and has already cost the city over $2 million. The federal government oversees Newport Harbor and periodically dredges the channels to prevent navigational issues for the numerous vessels based there. After permits were obtained to clear almost 880,000 cubic yards of material from the harbor, it was discovered that approximately 112,500 cubic yards contained elevated levels of mercury and industrial chemicals.
Since federal regulations prohibit the dumping of contaminated material in the open ocean, the Army Corps is responsible for dredging it, while local governments must establish and obtain permits for storage solutions. With no available port or landfill, Newport Beach proposed the creation of a confined aquatic disposal pit (CAD) in the lower harbor, between Bay Island, Lido Isle, and Harbor Island. In this plan, crews would place the contaminated sediment in the 8-acre pit and cover it with clean sand.
However, environmental groups and Friends of Newport Harbor, led by Palmer Luckey, a technology executive who owns a home near the site, have vehemently opposed the CAD proposal. They suggest alternatives such as transporting the sediment to land and using it for various purposes. Concerns have been raised regarding the proximity of the contaminated sediment to recreational waters and the habitat of endangered sea turtles. The potential contamination of surrounding waters by sediment plumes during the dumping process has also been highlighted.
In lawsuits against the Army Corps, both Orange County Coastkeeper and Friends of Newport Harbor argued that the agency should not have relied solely on the environmental studies conducted by Newport Beach, which they claim did not address all the required issues under federal law.
Brent Mardian, a marine scientist working with Friends of Newport Harbor, described the plan as an inadequate solution, merely shifting the problem to a different part of the bay. He also expressed concerns about the long-term viability of the CAD. Mardian emphasized that the Newport Beach CAD would be the first approved for long-term storage of contaminants near public beaches and residences in an enclosed bay.
Comparative examples of CADs in a similar setting are difficult to find, as they are primarily used in industrial ports. Nonetheless, CADs in industrial harbors have generally been successful.
Chris Miller, a manager with Newport Beach’s Public Works department, refrained from commenting on the current status of the proposed pit, directing inquiries to the Army Corps. Nonetheless, he previously defended the city’s plan, asserting that the city explored alternatives and adhered to all environmental review requirements.
Friends of Newport Harbor still has an ongoing lawsuit against the California Coastal Commission and the city of Newport Beach related to the project. The commission approved the project permit based on the city’s environmental studies, which the resident group contends do not comply with state laws. A hearing on the case is scheduled for October 24.
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