Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director/City Engineer
Subject:
title
RESPONSE TO 2025-2026 ORANGE COUNTY GRAND JURY REPORT “PFAS AND PUBLIC AWARENESS: A CLOSER LOOK AT ORANGE COUNTY DRINKING WATER”
body
Summary:
On June 9, 2026, the 2025-2026 Orange County Grand Jury report, “PFAS and Public Awareness: A closer look at Orange County Drinking Water” was published. The report provides education for Per- and Plyfluoroalkyl Substances (PFAS) often called “forever chemicals,” and their impact on Orange County drinking water systems. The Grand Jury requires a response from the City on three Findings (F2, F6 and F8) and two Recommendations (R4 and R5) in the report, and the responses must be submitted to the Presiding Judge of the Superior Court by September 7, 2026.
Background:
The 2025-2026 Orange County Grand Jury report, “PFAS and Public Awareness: A closer look at Orange County Drinking Water” is provided as Attachment 1. The report identifies the development of PFAS by industry since the 1940’s. PFAS is used for water resistant coatings, firefighting foams, non-stick materials, and industrial processes. The chemicals have a long life and have contaminated soil, water, and air globally. Regulatory action has been taken and US manufacturing of certain PFAS ended around 2015.
Due to the long-lasting chemical composition of the material, PFAS has been detected in many groundwater systems. Within Orange County, the north and central areas have been the most impacted with detection of PFAS in the groundwater. Water districts and cities have taken action to install infrastructure to remove PFAS to regulatory limits or below prior to delivery to the public. Fortunately, PFAS has not been detected in San Clemente’s drinking water supply which is imported from Metropolitan Water District and from the City’s two active wells.
The report outlines details regarding PFAS and its impact within Orange County, investigation, analysis, findings and recommendations. The report identifies eight Findings (p. 35 of 62 of the report) and six Recommendations (p. 36 of 62 of the report). California Penal Code Section 933 requires the City to provide a response to each of the Findings and Recommendations in the report. California Penal Code Section 933.05 specifies the exact manner in which the responses and comments on the Findings and Recommendations are to be made.
The responses must be submitted to the Presiding Judge of the Superior Court by September 7, 2026. Staff has prepared draft responses below for the City Council’s consideration. The proposed responses are based on staff’s knowledge and experience of PFAS and water quality.
Grand Jury Findings
In accordance with California Penal Code Sections 933 and 933.05, the 2025-2026 Grand Jury requires responses from each agency affected by the findings. Based on its investigation titled "PFAS and Public Awareness, A Closer Look at Orange County Drinking Water,” the 2025-2026 Orange County Grand Jury has arrived at eight principal findings. Below are the Findings and proposed responses:
F1 Commercial and industrial chemical manufacturers are a major source of PFAS contamination. Settlement litigation funds are available for community water systems to make claims.
Staff Recommended Response:
No response is required from the City of San Clemente.
F2 PFAS is widespread, and contamination has been detected in Orange County groundwater sources. Community water systems are required to report PFAS monitoring results in their annual Consumer Confidence Reports.
Staff Recommended Response:
Agree; PFAS has been detected in Orange County groundwater sources, although the City of San Clemente has not detected PFAS within its groundwater or imported water from Metropolitan Water District.
F3 PFAS exposure is associated with potential adverse human health effects.
Staff Recommended Response:
No response is required from the City of San Clemente.
F4 OCWD has taken a proactive leadership role in addressing PFAS in the Orange County Groundwater Basin, though PFAS treatment implementation varies across local cities and water districts.
Staff Recommended Response:
No response is required from the City of San Clemente.
F5 Groundwater supplies must either be treated to remove PFAS or must be replaced with imported water supplies that are significantly more expensive than groundwater. Over $500 million is being spent on construction, operations, and maintenance of PFAS treatment facilities in Orange County.
Staff Recommended Response:
No response is required from the City of San Clemente.
F6 Orange County drinking water meets or exceeds state and federal standards and is safe for consumption without additional home filtration.
Staff Recommended Response:
Agree; the City of San Clemente’s drinking water meets or exceeds state and federal standards based on extensive testing and as described within its Annual Consumer Confidence Report.
F7 Research on newer PFAS compounds and long-term exposure effects is ongoing.
Staff Recommended Response:
No response is required from the City of San Clemente.
F8 There are limited online PFAS education and outreach programs among Orange County water retailers. Most retailers rely on OCWD for PFAS education and outreach. PFAS advisories were included in approximately 55% of the Orange County water retailers’ annual water quality reports in 2025.
Staff Recommended Response:
Agree; from the perspective of the City of San Clemente, there has been no PFAS detected within its drinking water supply system. The City of San Clemente has limited education and outreach with the exception of its Annual Consumer Confidence Report.
Grand Jury Recommendations
In accordance with California Penal Code Sections 933 and 933.05, the 2025-2026 Grand Jury requires responses from each agency affected by the recommendations presented in this section. Below are the Recommendations and proposed responses:
R1 By September 30, 2026, Orange County Water District (OCWD), in coordination with state and federal agencies, should pursue cost recovery efforts against PFAS manufacturers to offset treatment, monitoring, and long-term remediation costs incurred by local water agencies and ratepayers.
Staff Recommended Response:
No response is required from the City of San Clemente.
R2 By July 1, 2029, OCWD and its member agencies should monitor PFAS in groundwater and surface water sources and promptly implement PFAS treatment when response levels are exceeded.
Staff Recommended Response:
No response is required from the City of San Clemente.
R3 By September 30, 2026, OCWD, in collaboration with the Orange County Health Care Agency, should update public education and guidance continually as scientific understanding and regulatory standards evolve.
Staff Recommended Response:
No response is required from the City of San Clemente.
R4 By July 1, 2029, all Orange County water retailers should consistently include a PFAS advisory, treatment facilities status, and compliance information in consumer confidence reports and on agency websites, using clear and understandable language for the public.
Staff Recommended Response:
The recommendation has been partially implemented; the City of San Clemente provides information on PFAS within its Annual Consumer Confidence Report, but will provide additional information on its website before the recommended July 1, 2029 date.
R5 By September 30, 2026, OCWD and all Orange County water retailers should enhance coordinated public education efforts to reassure their customers about drinking water safety.
Staff Recommended Response:
Agree; the City of San Clemente will enhance coordinated public education by September 30, 2026. Providing public education regarding water quality is an ongoing task as agencies adapt to new and changing regulatory requirements or other constituents that may impact water quality.
R6 By September 30, 2026, OCWD should continuously monitor national and international PFAS research developments and incorporate new findings into future groundwater management, treatment planning, and regulatory compliance strategies.
Staff Recommended Response:
No response is required from the City of San Clemente.
Considerations Identified by Staff:
By responding to the Grand Jury Report and following the recommended actions, the City will meet its obligation to the Grand Jury
Council Options:
• Adopt Resolution No. 26-134, approving the staff-recommended responses to the 2023-2024 Orange County Grand Jury report, “PFAS and Public Awareness: A Closer Look at Orange County Drinking Water.”
• Modify and adopt Resolution No. 26-134 by making modifications to the staff-recommended responses to the 2025-2026 Orange County Grand Jury report, “PFAS and Public Awareness: A Closer Look at Orange County Drinking Water” and approve such responses as modified.
• Continue the item and provide staff with alternative direction.
Environmental Review/Analysis:
The proposed action is not a “project” pursuant to California Environmental Quality Act Guidelines Sections 15378. (14 CCR § 15378.)
Fiscal Impact:
None at this time.
Potential Action(s):
recommendation
recommendation
Adopt Resolution No. 26-134, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING RESPONSE TO FINDINGS AND RECOMMENDATIONS IN THE REPORT OF THE ORANGE COUNTY GRAND JURY - ‘PFAS AND PUBLIC AWARENESS: A CLOSER LOOK AT ORANGE COUNTY DRINKING WATER’”, authorizing the Mayor to respond to the findings and recommendations noted in the report by submitting a letter to the Presiding Judge of the Superior Court by September 7, 2026.
end
end
Attachment:
1. 2025-2026 Orange County Grand Jury report, “PFAS and Public Awareness: A closer Look at Orange County Drinking Water”
2. Proposed Resolution No. 26-134 with Exhibit A - City of San Clemente’s Response to Findings and Recommendations of the 2025-2026 Orange County Grand Jury report, “PFAS and Public Awareness: A closer Look at Orange County Drinking Water”
Notification:
None.