Rubicon Trail Foundation Supports Amended Cleanup and Abatement Order

Sacramento, CA (April 24, 2009).  The Central Valley Regional Water Quality Control Board (CVRWQCB) voted unanimously yesterday evening to issue a Cleanup and Abatement Order (CAO) to El Dorado County and the Eldorado National Forest for the world-famous Rubicon Trail. Before voting the order, the CVRWQB members specifically recognized the efforts of the agencies and volunteers, and asked us to honor the timelines of their request, as we continue and expand our stewardship efforts.
 
Note that this is NOT an order for closure, as mentioned multiple times throughout the day by CVRWQB administrative staff, prosecution staff, and the Board Members. They went out of their way to continually say that “The Water Board is not closing the trail.”

 The revised CAO is a much less prescriptive order that calls for general consideration and planning but does not mandate specific actions, instead charging the County and the National Forest with working together to meet the CAO's timelines. Rubicon Trail Foundation believes that most of the elements of this CAO were already accomplished, in process, or in plan, but supports this revised CAO, with the Foundation’s requested changes. “This CAO is a burden, but one that we can bear, and drive to success,” said John Arenz, a Rubicon Trail Foundation Director.
 
After the hearing presentations, the Board removed multiple pieces from the CAO: mandate for seasonal restriction (closure), incomplete and un-reviewed science, unverifiable traffic/population numbers, and references to un-certified, un-released draft planning documents. They also accepted County and Foundation feedback about timelines, and relaxed the timelines for more attainable dates, with more clear distinction between plans and documents.
 
Rubicon Trail Foundation's strategy was to provide specific information for the CVRWQB and rebuttal to incorrect facts and pictures provided in response to the original CAO, and then the Foundation asked for specific changes, in reference to our comments.

• Correctly state that many public toilets are available alongside the trail on private property, but still available to the public
• Remove references to the uncertified, un-released Draft Master Plan and the many errors and potentially illegal actions discussed within it
• Correct the vehicle/person-count numbers that have been incorrectly stated/cited
• Remove references to the Draft Sediment Study which has not been peer-reviewed or submitted for proper publication
• Anti-recreation groups also asked for small adjustments to the CAO, very few of which they received