Kirkwood and Vail Resorts face steep fines for dumping asphalt into creek

Kirkwood Mountain and Vail Resorts are facing steep fines after an anonymous complaint led Central Valley Water Board officials to investigate water quality impacts after it was found that asphalt grindings from parking lots at the resort ended up in Kirkwood Creek during snow removal operations during the 2015-16 season.

It was found during the inspection that the asphalt grindings, commonly spread on parking lots to assist with traction during icy and snowy conditions, ended up in Kirkwood Creek and other sensitive areas.

When snowblowers and snowplows were used to clear the parking lots, the asphalt infused snow into protected places that are now contaminated.

During the inspection, Board staff said they were concerned about the water quality impact the grindings have on surface water, including Kirkwood Creek, and on groundwater. The discharge of waste into surface waters or wetlands without a permit is a violation of the Clean Water Act.

In May, 2016, Kirkwood was put on notice that they were in violation of the Act and could face $10,000 a day fines.

Since Kirkwood was made aware of the violations they have collected nearly 700 cubic yards of waste material from the affected areas (equal to 70 dump truck loads) according to CBS News in Sacramento.

The total of the fines will not be known until the Board reevaluates the situation after the completion of both the investigation and clean up efforts.

This isn't the first time activity at Kirkwood Resort has faced scrutiny for practices around sensitive stream zones.

In 2007, "Water Board staff found a serious violation of the General Permit," a civil liability complaint against a contractor at the resort's Thunder Mountain Lodge stated. "Staff observed that non-storm water had been discharged without sufficient BMPs, causing the discharge of extremely turbid water to an unnamed tributary to Kirkwood Creek and Kirkwood Meadow. The turbid condition continued downstream into the Kirkwood Meadow."

In that case, the developer, TML Development LLC was fined $10,000.

South Tahoe Now staff report