A federal judge has ruled that the cities of Sunnyvale and Mountain View violated certain provisions of the Clean Water Act for water quality violations in two local creeks that flow into San Francisco Bay.

San Francisco Baykeeper, an environmental advocacy organization, filed a lawsuit against the cities in 2020. The suit alleged that the cities of Sunnyvale and Mountain View allowed their stormwater systems to dump bacteria pollution into Stevens Creek and Calabazas Creek, which connect to the Bay.

The cities attempted to dismiss the case five times before it went to trial last year.

“Cities should be providing their residents with a healthy environment and local creeks that are safe for recreation, not fighting to keep polluting,” said Baykeeper executive director Sejal Choksi-Chugh in a statement.

On Tuesday, U.S. District Judge Edward Davila ruled that Sunnyvale and Mountain View are liable for not maintaining safe water quality standards in these local creeks extending back to 2019, when San Francisco Baykeeper collected its own samples. Those samples found elevated levels of E. coli beyond water quality standards.

“The violations here are serious and long-running,” reads Davila’s decision. “They involve actual pollution — not just paperwork violations — that can pose public health risks.”

The cities have previously attempted remediation efforts to resolve the bacteria levels in the creeks. But the most recent testing of samples from the creeks showed that violations of water quality standards persisted, according to the court’s decision.

“Courts make decisions based on evidence,” said Eric Buescher, attorney for San Francisco Baykeeper, in a statement. “In this case, the evidence was clear: Sunnyvale and Mountain View have illegally polluted local creeks for years, with no meaningful change.”

The court has fined Sunnyvale and Mountain View $1,178,400 each in penalties. The court deferred making a decision on what actions the cities will be required to take to reduce pollution in the creeks.

“The court ruled that the cities must clean up their act,” Choksi-Chugh said. “We hope that the cities will now do the right thing going forward by investing in Bay-friendly infrastructure to capture pollution before it reaches storm drains, regardless of the source.”

The cities of Sunnyvale and Mountain View issued similar statements in response to the decision, saying that they will review Davila’s decision to determine next steps.

“The city takes its environmental responsibilities seriously, has long invested in programs and infrastructure to protect its important local waterways, and acts in good faith to comply with applicable regulatory requirements,” said Mountain View spokesperson Lenka Wright. “At this time, no final determination has been made regarding next steps, and the city will provide updates as the matter progresses.”

“The City of Sunnyvale takes our environmental responsibilities very seriously. Protecting our stormwater and public health is and always has been a high priority for us,” said Sunnyvale spokesperson Jennifer Garnett. “This complex case remains ongoing.”

Written by Alise Maripuu for Bay City News.

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