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Tuesday, January 31, 2006

The Regional NON-Water Quality Control Board Rides Again


Hi-Yo, Silver. The R(N)WQCB is off on another mindless toot! They’re getting to be an embarrassment.

I mean, look at today’s Tribune story. The R(N)WQCB wants to crack down on wastewater discharges by RANDOMLY selecting 50 homes and requiring them to start pumping their tanks every other month. RANDOMLY? Executive Officer Roger Briggs said that “pumping six times a year will decrease the amount of suspected nitrate pollution from each tank by 22 percent.” (The data behind that statement was not given.)

Never mind that constantly pumping tanks unnecessarily upsets their natural functioning and will end up creating more pollution because the tank won’t be able to recover and get up to optimum operating speed before it’s pumped again, but why 50 RANDOM tanks? If Briggs is so concerned with water pollution, wouldn’t requiring the CSD to locate failed and failing systems and require them to be brought up to code or replaced or pumped FIRST make more scientific sense?

And why require each home to pump 6 times a year, despite whether 6 people live in the home or 1 person lives there, no matter if the tank’s big or small, in great working condition, or falling apart, whether its 20 feet above the aquifer or located smack dab down on the bay, and whether the home has low-flow toilets and showerheads or not, and so forth.

And while we’re looking at the handy-dandy little map provided at the Regional Board’s website --www.swrcb.ca.vog/rwqcb3/ --do you find it odd that not a single home sitting smack on the bay has a little flag stuck in it? Not even ones the Board knows have leach fields sitting in standing water?

So much for “science,” so much for being serious about water pollution. Cookie cutter regulations hang both sheep and goats and since they have no scientific rationale, rarely get the job done and just continue to damage the reputation of an organization whose methods are already highly suspect .

And if people want to get answers about all this, well, the web site says to ask Matt Thompson. Ask Matt Thompson?? Well, good luck to them. In December, I wrote to Matt to get some question answered – simple questions – about “onsite” systems, one of which had been written about in the Bay News. One of the simple questions I asked is, Who evaluates and signs off on any “onsite systems?” The RWQC? The County? Who? To date, I’m still waiting for an answer. So, if hundreds of Los Ososians think they’re going to get questions answered in a timely manner, well, I can only wish them luck.

Of course, this latest assault on Los Osos may not be about water quality at all, but may be about terrorizing people into thinking that dissolving the CSD will “save” them and so send them rushing to sign dissolution petitions. At one of the signing tables at Monday’s Farmer’s Market, was a handout that was headed “NEWS FLASH and discussed the recent Cease & Desist Orders (CDO) and concluded with big capital letters that said, “Join the petition campaign to dissolve the CSD, get the sewer project back on track and rid the community of this assault on our pocketbooks.”

What went missing, of course, is just how dissolving the CSD would stop the Cease & Desist Orders. Since the rationale for issuing the CDO was “water quality concerns” whether the CSD or the County is in charge, changes nothing. (Unless, of course, the CDO has nothing to do with “water quality" at all, hmmmmm?)

As for an “assault on your pocketbook.” at $150 – 200 month, pumping will be cheaper than the monthly Tri-W sewer bill would have been. Waaaaay cheaper, when you add on the various deferred costs and constantly rising O&M costs of that project. And if folks were happy with $205 a month sewer bills, this cost will be seen as a good idea, not an assault on their pocketbooks.

Plus, if Briggs is right (wouldn't it have been nice if he had backed his claim with some test data?) and it does reduce pollution 22%, that should make us all happy, after all we’re ALL concerned about “polluting our groundwater,” aren’t we?

Of course, I don’t think “science” and “pollution” has anything to do with what Briggs is up to. What you’re seeing is another carefully orchestrated “shock & awe” campaign to stampede people into putting a sewer plant in the middle of their town. Briggs and the Dreamers very much want that plant there, despite what the community voted on, and they’ll do anything to make that happen. (Rememeber the wonderful email to Briggs from Chief Dreamer, Pandora Nash-Karner, on the eve of the election, even before the numbers were certified, asking Roger to “fine the CSD out of existence?”) Shock and awe and fines and fear and bully-boy tactics trump “science” and good planning every time. Plus, they work very well. Scaring people’s easy. Stampeding them into doing what you want them to do is very, very easy.

What remains to be seen is if Los Ososians are bears who will start asking the right questions or sheep in a panic, soooo easy to herd off a cliff. The old recalled board majority (some of whom are behind the “dissolve the CSD” movement) tried that with their Let’s Pound Money Into The Ground assault before the election in order to cow and bully people into either not voting or giving up and following the party line. (You know, the party line that said that having a centrally located sewer plant in order to get some parks around it was a “strongly held community value” that trumped all else, including common sense, science, environment, good planning and price?)

So we wait to see if growls will arise from our Bangladesh By The Bay. Or baaaaahhhs” Meantime, about the “science” behind the R(N)WQCB’s latest move, I can only say –you’re embarrassing yourselves, Guys. If water pollution IS what you’re serious about, and you intend to issue CDO’s to the entire community, any fool with a clip board will tell you, you don’t randomly hit your targets. That smacks of incompetence OR the possibility that you have a hidden agenda that has nothing to do with “science.” If you’re interested in “science,” you start with the worst cases first then work forward. That will get you more “water quality” bang for your buck.

Of course, that action depends on whether or not the RWQCB is actually “serious” about “Water Quality.”

23 comments:

Shark Inlet said...

Ann, yet again you're not making sense. Perhaps had you read the Cease-n-Desist orders and associated materials on their webiste more carefully.

Here goes.

Randomly? 50? Random = fair. 50? That's just a start. The plan is to get the entire community as soon as possible.

Why not just order the CSD to locate failing systems? When was the last time that the RWQCB got any cooperation from the CSD? Late September, 2005 I would think.

Don't you think that if the RWQCB ordered the CSD to find and fix that the CSD would complain about that as well? If the CSD had thought this was a good option, they would have argued during that ACL hearing that they were a gonna find and fix. At least that would have shown they were interested in water quality. No, the CSD lawyer argued that CnD orders against individuals was the only way to reasonably deal with the pollution ... that the CSD could not be blamed or fined for the lack of sewer. Go back and watch the tape again. (During the 1st day of December's hearing ... don't know the time.)

The RWQCB is just doing exactly what the CSD suggested they should do.

Why everyone the same 6 times/year even though some households have more people? Because it is fair. If it were based on the number of residents there would be other complaints ... complaints that the CnD orders are targeting the poor.

The problem is not the RWQCB actions but the lack of action on the part of the LOCSD voters and board who could have chosen to continue contruction on a project that would have solved the pollution problems. We chose to go another way even though we were told that we would be fined as a group and as individuals.

Who is to blame here?

Us!

Donna said...

I, for one, would certainly not want to be one of the random people chosen to pay big money. I hope the 50 households get together and file a class-action lawsuit for discrimination. Random is ridiculous.

I find it interesting that various California officials are STILL trying to cram the sewer down the throats of the good folks in LO. Jerks.

Ann, I always thought that out of town by the middle school area made so much sense. Why don't the State people get together, work with the CSD, and get going on a project that isn't in people's backyards like the Tri-W project was?

Anonymous said...

OK, Ann, let's get this straight.

You want the CSD to go onto individual property, and hire staff and spend money to test 5000 septic tanks, which, if even working properly, are still polluting through leach fields. Next, you want to have staff determine a pecking order by making exact water depth measurements and soil conditions for each site. In other words, you want a huge science project so that everything will be 'fair'.

Ann, this is why journalists never are asked to solve real world problems. Because they deal in abstract words and thoughts.

You have all the data you need, and it says Los Osos is collectively polluting. Is it perfect, No. So tell us you're alternate proposal Ann? Really, how are you going to reduce the pollution NOW, because it's time to reduce the pollution NOW. We're waiting. And tell us you're exact data that says pumping will not reduce Nitrates. You said it would not reduce, so what is the specific data and documents that support that assertion? You and I been polluting since you've lived here, so it's time we all started to spend money to reduce, not maintain the pollution. We've had 20+ years of the benefit to not pay for polluting.

I, for one, don't want a CSD that was formed and elected by the likes of you stepping one foot onto my property, unless it's to make the hook up to a wastewater facility.

Ron said...

Ann... GREAT post.

Some response:

You said:

" In December, I wrote to Matt to get some question answered... I’m still waiting for an answer."

I've got a similar story. Last year, I e-mailed RWQCB staffer Sorrel Marks to get some questions answered. Almost two months later, I got a response. I couldn't even remember what I asked her.

I've got another great story on that subject. Shortly after New Times published my second cover story in September, 2004, I called Marks for some information -- the same excellent source that I have interviewed, oh, I don't know, maybe 30 times over the last 15 years. She told me that if I wanted information I could look at the public documents, but that she wasn't going to talk to me anymore because of my "irresponsible" journalism in September 2004, and then she hung up on me. I was stunned. That was the last time I spoke with her, and I've got about a billion solid questions for her that, unfortunately for Los Osos, I will not be able to get answered. By the way, almost everything I wrote in September, 2004, is still on the table. Way to follow-up Trib. Thank God for blogs.

You said:

"wouldn't it have been nice if he had backed his claim with some test data?"

Yes, that would have been nice. A simple "according to..." would have done the trick. I think the lack of "according to"s and "for example"s is, and has been, a huge problem in Los Osos. It's one of the main reasons I shut down the comments section on my blog.

You said:

"Briggs and the Dreamers very much want that plant there, despite what the community voted on, and they’ll do anything to make that happen. (Remember the wonderful email to Briggs from Chief Dreamer, Pandora Nash-Karner, on the eve of the election, even before the numbers were certified, asking Roger to “fine the CSD out of existence?”)

Now, that's the kind of smack I like to see... "Chief Dreamer?" Beautiful. Do you ever notice the reaction of the audience at some of these meetings when a board member innocently makes a "Pandora's Box" reference to the Los Osos situation? The reaction, every time, goes a little like this: Audible moan followed by prolonged muffled chuckling... talk about your 500-pound gorilla in the room.

You said:

"Briggs and the Dreamers very much want that plant there..."

It seems that the screaming question on EVERYONE'S mind these days is "why?" What is it about that piece of property that has these people on such an unrelenting campaign? It makes no sense! Nothing squares up, and that's exactly why the Grand Jury needs to investigate my complaint.

You said:

" (You know, the party line that said that having a centrally located sewer plant in order to get some parks around it was a “strongly held community value” that trumped all else, including common sense, science, environment, good planning and price?)"

What smart-ass reporter dug all that up? ; - )

You said:

"That smacks of incompetence OR the possibility that you have a hidden agenda that has nothing to do with “science.”

Hellloooo... Grand Jurrrrryyyyy.

Shark Inlet said...

Why would anyone in their right mind want a plant at TriW?

Because it is the cheapest option we have today of solving the wastewater problems ASAP.

Why would anyone in their right mind want to spend time and money money money to explore "alternatives"?

Because they care more about being right than about their pocketbook and my pocketbook.

Which is more evil ... to accept a partial solution to many problems or to refuse a partial solution because it is not a perfect solution?

Shark Inlet said...

Donna,

I don't think that these 50 households have a real chance in such a suit. The RWQCB documents indicate that pretty much every discharger in the Prohibition Zone will get such a notice as soon as they can get the paperwork done.

Why is it somehow wrong for the state to ask us to put in a sewer and treatment plant? If we're polluting the environment, shouldn't we either stop (by pumping weekly) or put in a plant? Over time, if we stop polluting the groundwater we'll benefit from lower nitrates and can start using the two aquifers in a different mix, lowering the saltwater intrusion into the lower aquifer.

I would suggest that the Pismo site was in people's backyards ... a different group of people, however. It is also next door to a school, something that Measure B now seems to forbid.

As to your quesiton of why the state doesn't work with the CSD ... they've been trying to do that for years now. They've offered assistance and help and we've simply refused (as a community) to take their help.

If you want the right to use a septic system I would suggest moving to a place where there are fewer/acre than in Los Osos. Then you won't be bothered.

Anonymous said...

Okay, Shark. Question for you. Would there be any possibility of you getting behind this new board if they showed us a plan, sites, costs, etc. and could demonstrate their design was an improvement over the old project? What are the chances of you and those who are like-minded (i.e. seem to be somewhat open) supporting the new board and disaggreeing with the "dissolution movement." By the way, at this point, is that movement another delay? Do we really want the county to take over?

Shark Inlet said...

Hell yes.

Even if they can't demonstrate their project is better than TriW. The key here is that getting something going ASAP is necessary.

I still think it will be tough to get something better and less expensive than what TriW would have cost, but if we can get any reasonable project that meets state requirements online before 2010 we're better off than if we continue to fight and delay.

I am not sure that I agree that the County taking over is a good thing. I think they would likey go forward with TriW (unless there are new fed regs that would require revising the plan) but only after a lengthy delay to dissolve the CSD.

What appears best to me is for the current board to stop fighting with the state and to admit that TriW is likely cheaper than any out of town idea (for a variety of reasons). If they don't but still get us something where construction will start within two years we are okay. The lawsuit likelihood of "out of town" and the difficulty of doing something in two years that it took the previous board seven years to do plus the fact that we would have to vote to take on debt to design yet another sewer makes me think that the "out of town" is doomed.

I would suggest this board vote to move back to constructing at TriW (they've already got a permit) if they don't have a 100% approved plan by Jan 2008. This would give them time but would at least prevent the worst case scenario from occuring. Such an action would also convince the dreamers and dissolution folks that they aren't entirely pie-in-the sky yahoos but willing to make tough choices when needed.

Anonymous said...

Right on, Shark. There is common ground here...I wish everyone in Los Osos could get there. I think we just might...barely...if this board would stop sueing, etc. and GET A PROJECT GOING. As you said, if it's good project most folks, at this point, would go for it (I would) and this is dear to my heart as I have two properties in the PZ. As John Fouche said once upon a time "Let's get it on!"

Anonymous said...

Here's my answer: No. Now let me explain.

Nothing this board has or will present impresses me. This board, and especially Lisa, needs to get a clue. She shouldn't present anything - she should keep her trap shut.

However, if the board has a reputable engineering company present a project plan that has costs reasonably identified, and a believable time-line, then yes, they will get support. But it's got to be detailed enough to get Coastal & RWQCB input. That hasn't happened yet. The plan can't come from or be presented by the board. It's got to come from a reputable source.

Watch a Board of Supervisors meeting, they don't present anything. They review, and make decisions; they don't generate power-point garbage and feed it to the cable channel like this board is doing.

The board should just ignore the dissolution. If the engineering bears out a feasible plan, then the dissolution will be irrelevant. If it's a valid project, the county can consider it just as easily as the CSD. The property owners are the one's that need the project report to make their decision to fund it.

If a project plan/report shows that it's less expensive to go ahead with Tri-W, then so be it. If it shows a savings of $40/month, so be it. No one should be scared of including Tri-W in any analysis if they truly believe what they've been saying.

F&*% the lawyers, and get on with it.

Donna said...

Shark,

Thanks for your reply. I don't mean that the sewer should be built right next to the middle school, but there is a lot of land out there in the general area that would be more appropriate. I also think that sewers should be put in, but I have a problem when they are being crammed down people's throats, a plant put in the middle of town (on the way to beautiful Montana De Oro--the tourists and locals will love the aromatic "extra" they get on the way to the park/beach), and just the bullying in general that was done by the county in the past. I remember George Gibson basically saying that we would get a sewer or else (the bullying jerk that he was).

How I wish that the sewer would have been put in during the 1970's, when all the talk first started and the sewer (and financing) would have been more reasonable. It would have saved all the heartache and fighting LO has now.

And Shark, I did move away from LO after living there for 16 years, but not because of the sewer. I moved out of LO to go to school, since Cal Poly wouldn't have been adequate for me. We would love to return to the area at some point, but not while the sewer mess is going on and we have a chance of being fined or paying hundreds of dollars a month to go potty.

I worry about my old neighbors in Sunset Terrace. A few might be able to afford the sewer, but most were retired and there's no way they can swing it. What are they supposed to do?

Anonymous said...

News Flash:
"Shark inlet" is a cooperative effort. It is not a single person.

Shark Inlet said...

Donna,

I worry about your former neighbors as well because they are my neighbors. I also worry about many many others I know in town (I call it a town because that is how it feels to me even though some would argue that it is not big enough or is lacking enough services or employment opportunities to be called a town), both retired and working families, both owners and renters.

Why I've taken the stand I've taken (essentially I've opposed the CCLO viewpoint on pretty much every issue while not necessarily for the same reasons as the Dreamers) is that I want the costs to be as reasonable as possible. If it ends up costing me less and if it means that fewer people will have to move out it is most likely a better solution. This is why I've opposed the silly notion that an affordability study will allow us to build a cheaper sewer and plant. The study will only tell us what we already know ... many people will be unable to afford the thing ... but spending time and money to tell us what we already know won't make it cheaper. If an affordability study will help us qualify for some federal grants to lower the costs for those who could least afford the monthly payments I'll be in favor of such a study, but those in charge now have argued that we need to do a study to see if we can afford the sewer, not to apply for grants. What if we find that we can't afford the sewer? We are still under an obligation to build one.

The economic fallout of this situation will not be pretty.

Here's a good question then ... if this new board has gotten us fined, has lost a loan and doesn't have the money to design a new plant, let alone buy the property, how can they have much of a hope of getting a new project off the ground within two years?

Even if the "out of town" plant were already studied and partially desgined, the permitting process (County, CCC, water baords, etc.) will likely take far longer than two years, and that is without any lawsuits. Oh yeah, to even get to that point, we first need to have a 218 vote to assess ourselves to borrow money for the CSD to design the new plant and do the EIR. We'll be paying a high interest rate because of the recent default on the SRF. We also will need to borrow enough to pay the SWRCB back and to pay the RWQCB fines. I guestimate that we'll need to borrow something like $45M right away ($20 to buy property, design a plant, fight lawsuits and get the plant permitted, $10M for current and future RWQCB fines, $7M for the defaulted SRF loan, some for the contractors). At 8% over 20 years this means payments of $75/month for each household ... just to study an out of town possibility.

Before any plant is built we'll need to assess ourselves yet again for the money to pay for construction. If the construction costs are anything like $100M (not unlikely after inflation), that will be another $170/month. Oh yeah, after the think is built, we'll have to pay a monthly fee to run the plant ... yet another $40. (Total so far is $285/month.)

Do you really think that people will pay $75/month just so that Lisa and Gail can say "we tried our best" or do you think that people would rather use the current TriW plans. If we take a 218 vote now to borrow money to build at TriW tomorrow, the bill will run about the same ... $285/month.

The problem here is that if we assess ourselves some $75/month to study the out of town idea and it doesn't bear fruit quickly enough, the costs of going back to TriW go up. We'll pay that $75/month along with the TriW construction costs for a total bill of $360/month (if we're lucky and the TriW construction costs don't rise).

If you find youself in a hole ... stop digging. Good advice from Steve's grandfather. I just wish that Steve and his buddies would listen to the wisdom of the elderly.

Mike Green said...

Heck, everyone knows Sharkey is not known to ba a him or her, I posted that fact many times with no complaints from our dear commentor. (snicker)

Mike Green said...

I'm inviting a rant party at my blog at Los Osos Views, Come on over Mike Green

Churadogs said...

Some of the comments here made me wonder if all of you either attend the CSD meetings or watch them on TV. For example, tonight an RFP is suppose to be voted on to go out for evaluating systems which will lead to a detailed project report on a system, price (hopefully) included. Also supposedly on the agenda, information that Blakeslee is carrying legislation to give a CSD (and County) the legal authority to form an official Septic Maintenence District (that's been lacking, it was tried a couple of years ago with the old board with Maldenado carrying it but he scuttled it after the CSD fiddle with the language which put some unacceptable loopholes in there so it got dumped). In short, the CSD is actually moving ahead with the things you guys seems to be asking for. Which made me wonder if you're attending the meetings.

as for Mr. Publicworks not wanting the CSD to step foot on his property, etc. Does that apply also to the RWQCB?

Anonymous said...

Huh, have you been watching the meetings? 4 months to get an RFP. I thought they were going to hit the ground running. They had an opportunity, if they knew what they were doing, to put out an RFP in the first two months. Imagine at the ACL hearing if they would have presented actual progress on starting a alternative ... hmmm.

Yes, the same applies to the RWQCB, don't want them stepping foot onto my property unless it's for hooking up to treatment plant or giving me a discharge permit for an on-site system.

Oh, btw, how are you going to feel if you have to fork out 4 to 5 grand for a septic upgrade as part of maintanaince program, then have to turn around in 5-6 years and pay all over again to hook up to treatment plant? Be careful what you wish for Ann.

Shark Inlet said...

Publicworks,

Are you being a bit unfair to the current board about the alternatives RFP or am I misremembering something? I had thought that in the first month of the new board (before the sh*t hit the fan) they had contracted with WilDan to do this work.

Did WilDan drop the ball?

Here's the problem with the onsite gizmo. If you pay $15k (or more) to get one to avoid pumping charges and the CSD somehow manages to get a sewer built within 5 years you've just paid $250/month to have the device on your property. You also had to pay $100/month to run it. If enough people buy these they will be hard to sell off when the sewer is online. In other words, the cost necessary to avoid the pumping charges and fines is pretty steep and risky

Anonymous said...

No, the buck stops at the board. The task they gave WillDan was pretty vague and it wasn't for an RFP, it's no wonder nothing got done. Besides, who hired Willdan?

Bottom line is, they suspended work first day of the job without a GM, and without a thorough review of the contract and all the ramifications.

Just because a contract has a clause for suspension, doesn't mean that a suspension results in contract compliance. They egged themselves on and were egged to throw all caution to the wind - and that's exactly what happened, regardless of the circumstances that preceded them.

Anonymous said...

No, the buck stops at the board. The task they gave WillDan was pretty vague and it wasn't for an RFP, it's no wonder nothing got done. Besides, who hired Willdan?

Bottom line is, they suspended work first day of the job without a GM, and without a thorough review of the contract and all the ramifications.

Just because a contract has a clause for suspension, doesn't mean that a suspension results in contract compliance. They egged themselves on and were egged to throw all caution to the wind - and that's exactly what happened, regardless of the circumstances that preceded them.

Churadogs said...

As for individual onsite systems, if I understand the AB885 draft report (soon to be finalized and voted on) NO ONSITE SYSTEM WILL EVER BE ALLOWED WITHIN THE PROHIBITION ZONE, not because they don't reduce nitrates, but because of density. It's the same "law" that decreed that people living on an acre of land even within the prohibiton zone don't have to hook up to the sewer. (The folks on an acre, however,may have to install onsite upgrades, however, as AB885 comes on line.) The problem now is the RWQCB is getting cute or cagy and vague or totally silent about it all, which is making things more confusing, not less.

Anonymous said...

I'll bet its because at one time they said they would approve onsite systems, and there is documentation to prove it.

Churadogs said...

Dear Anon, I finally gave up on trying to get information from our RWQCB and Matt Thompson (who was NOT being helpful) sent me to someone up in Sacramento. I may get a straight answer out of her. I suspect some of the problem is that as onsite rules are being changed (as tighter and tigher federal and state restrictions come on line) that various regulators are now stuck between OLD, out of date requirements and NOT YET written NEW requirements. If so, then I see no reason why they should't just say so, instead of all this weird confusion, tautology and/or silence.