Timeline
What happened, when it happened, and the evidence behind it.
County issues NPDES notice for San Juan Creek — for the first time in years
The county’s own permit requires annual notification to potentially affected public agencies at least 15 days before the first herbicide application each year. The county routinely files NPDES notices for other projects — but for San Juan Creek, no public notices have been located for the years 2019 through 2025. Six consecutive years of spraying without notice. On December 15, 2025, the county finally issued a notice covering San Juan Creek for the 2026 season — but only after OC Creek Team began corresponding with county officials in October 2025. The Santa Margarita Water District, a regional water utility managing groundwater in the San Juan Creek watershed, confirmed it was never notified and was unaware of the herbicide program until Creek Team brought it to their attention.
Zombie permit discovered
Public records requests reveal that the county’s state herbicide application permit expired in 2018 — over seven years ago. The county claims the permit is “administratively continued” under federal regulation 40 CFR 122.6, but advocates have challenged whether the legal conditions for continuation were ever met. Large-scale spraying has continued on San Juan Creek under this zombie permit with no renewal, no updated review, and no end date.
Community members begin correspondence with county officials
Concerned residents begin reaching out to Orange County officials including Supervisor Katrina Foley and OCFCD Deputy Director Amanda Carr to raise concerns about herbicide spraying practices, the zombie permit, and lack of resident notification.
County applies herbicides to San Juan Creek — July 2025
A second round of herbicide application occurs at San Juan Creek. Documentation includes work orders, chain of custody records, and pre/post-application reports.
County applies herbicides to San Juan Creek — January 2025
Orange County Public Works conducts herbicide application on the San Juan Creek channel. Records obtained through public records requests document the work orders, pre- and post-application reports, and PCA recommendations for this application.
U.S. Army Corps of Engineers publishes watershed study
The U.S. Army Corps of Engineers completes a comprehensive study of the San Juan Creek watershed. The report warns that decades of vegetation removal have weakened banks and channel stability, and strongly recommends large-scale revegetation and habitat restoration.