Kirkwood Resort fined over $750k for dumping asphalt

Kirkwood Mountain Resort has been fined $754,732 after their snow removal practices resulted in asphalt pavement grindings to get into drainages that flow into Kirkwood Creek and Kirkwood Meadows during the winter of 2015-16.

The financial settlement was with the Central Valley Regional Water Quality Control Board over the alleged violations of the federal Clean Water Act, the Board announced on December 28.

In early 2016, they conducted a joint inspection with the California Department of Fish and Wildlife (CDFW) to assess the extent of the discharge. Following this inspection, staff from CDFW and the Regional Water Board

started working with Kirkwood Mountain Resort to fully investigate and clean up the asphalt grindings.

Kirkwood Mountain Resort cooperated with the agencies and worked diligently to address the recent and past asphalt grindings discharged at the resort.

According to the Regional Water Board, Kirkwood has committed to modifying snow removal procedures and conducting regular inspections to minimize future discharges of asphalt grindings during snow removal activities. Cleanup work and restoration of additional areas at the resort is ongoing.

“We are pleased to reach a settlement with Kirkwood Mountain Resort that restores and protects Kirkwood Creek and the surrounding area,” said Andrew Altevogt, assistant executive officer for the Regional Water Board. “This settlement also sends a strong message about the importance of preserving the sensitive water bodies of the Sierra Nevada.”

Potential impacts from discharging asphalt grindings into waterways include smothering aquatic habitat and spawning areas, toxicity to fish eggs and other impacts to aquatic life.

Nearly half of the penalty amount will be used to fund restoration of the Carson River through portions of the lower Hope Valley in Alpine County. The remainder of the penalty will be paid to the State Water Resource Control Board’s Cleanup and Abatement Account, which is used to provide public agencies, including tribal governments and disadvantaged communities, with grants for the cleanup or abatement of a condition of pollution when there are no viable responsible parties available to undertake the work. In addition, CDFW received reimbursement for its costs and to conduct a multi-year biological assessment of Kirkwood Creek.