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Friday, March 17, 2006

CDO Info

The following was written by Rob Shipe, who also wrote the piece I posted on 3/10, “Law of Unintended Consequences.” He is working with the SAFE group of targeted Los Osos 45 residents to prepare for the upcoming CDO hearings in April. I find his comments in the second paragraph under ‘Where We Are Now” particularly telling. Old, untrue tapes playing in the heads of the Regional Water Board members was what I witnessed during the Dec. ACL hearings. Old, untrue information being presented by the staff. That alone should get the attention of everyone in town since we’re ALL targeted by this same Board and Staff. GIGO can have profound implications to a community.

Where We Are And How We Got Here

Like most of our community, many of us have not paid a whole lot of attention to the “sewer” issues in Los Osos over the years. Our feeling was that we specifically elected individuals to handle this situation for us. Let them do their jobs. That however, is no longer our position. We are all recipients of the Water Boards attempt to issue Cease and Desist Orders to our community. Over the past month we have spent incredible hours studying ground water issues in Los Osos. We have read countless files from the Water Board, many reports from Cleath & Associates, as well as individual conversations with many who have lived on the front lines of this issue over the past twenty plus years, on all sides.



History
On September 16, 1983, The Central Coast Regional Water Quality Control Board (CC-RWQCB) adopted resolution 83-13 requiring the County of San Luis Obispo to build a sewer and a water management plan in Los Osos no later than November 1, 1988. The county moved very slowly towards these goals. By the late 90’s they had finally developed a plan to implement a sewer when and organization called “The Solutions Group” proposed local control of the sewer with a promise of “Better, Cheaper, Faster”. They envisioned a small facility; treating only the worst areas and this would allow them to accomplish their three stated goals. Unfortunately they were not able to meet those goals.



After many project changes, the community voted in a close decision to abandon the plan. A new group gained control of the CSD last year. Unlike their predecessors, they do not claim, better, cheaper, faster. They only claim better. In short, 22 year after the passage of 83-13, Los Osos still does not have a sewer or an adequate water management plan.



After the change in leadership, members and supporters of the previous CSD Board, wrote en mass to the Regional Water Board, asking them to punish our town; to punish us swiftly, forcefully and individually. The Water Board acted on this request on January 27th of this year by issuing Cease and Desist Orders to all of us. Whether by coincidence or intent, within a week of the Water Board’s actions, Taxpayers’ Watch began collecting signatures to dissolve the CSD. This group is founded and financed by the same people who pleaded for you and I to be punished.



Where We Are Now
Our CSD is working to address all the water needs in Los Osos. The “Sewer Plan” the CSD is embarking on, addresses sea water intrusion in our lower aquifer as well as the nitrate and high groundwater problems of our upper aquifer. This CSD is utilizing consulting engineers to determine the best solutions, appropriate location, and cost effective methods for addressing wastewater and managing water resources for the future. This is not about a specific location.


The Regional Water Board believes our town does not want a sewer. They believe the current CSD Board is simply trying to delay the issue. They believe, as our neighbors have claimed, that we need to be severely punished as individuals and as a community. They believe what people from this town have told them. They believe they are doing what is right.



We need to show the town does want a sewer. We need to ensure the current CSD is working diligently towards a new sewer. We need to demonstrate severe punishment is counter productive. We need to explain a moderate point of view. We need them to do what is right.



What You Can Do
First: Get Off The Bench. Many of us have been sitting on the sidelines. Right or wrong, the water board has placed us on the front lines in this issue. While we have been “cursed” with this task, we can turn it into a blessing for our community. We have now been given a voice above others in our town simply because our issue now is everyone’s issue eventually. We need to use this voice to bring our town together and to move this issue forward.



Second, Educate Yourself. Our voice will be most effective if we are able to have a solid understanding of the situation and come to a consensus amongst ourselves. Understand the water issues within the community. Some sources of information available on-line are:
General over view information including the Cease & Desist Order and a search engine for water documents: http://www.waterboards.ca.gov/centralcoast
Specific information regarding the following subjects:
Sea Water Intrusion: http://losososcsd.org/pdf/SWIntrusionFinalGrant.pdf
Basin Plan/ Water Management: http://losososcsd.org/pdf/Julydraft.pdf
LOCSD Waste water plan: http://losososcsd.org/wwp/index.html
Water Board’s Water Quality Enforcement Policy: http://www.waterboards.ca.gov/plnspols/docs/wqep.doc
California Water Code: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=wat&codebody=&hits=20



Third, Build Your Own Defense. We are all in this together, but we are all punished individually. All documentation for your defense must be submitted by April 5th at 5:00 to the Regional Water Board. While the hearing itself my not be a fair hearing, the evidence you submit or attempt to submit now is what you will have if this case goes before a judge. Fill out the Individual Defense form. And use the items that best suit your own personal situation to build a personal defense. We are here to help you, but you have to help carry your own load.



Fourth, Help Bring the Community Together. There is a portion of our community, on both sides, that will never come to an agreement. We need to work with those, on both sides, that can and will work to bring unity. There are good people that love our town on both sides of the issues. We need to bring them together and create a unified community. In the end, our best defense will comprise three items. A Sewer for the Prohibition Zone, a Septic Management Program for the entire town, and a Water Management Program that effectively addresses nitrates, sea water intrusion, conservation and the economic concerns of our citizens. We need to build bridges within our community, the CSD and the various government entities (RWQCB, SLO County, SWRB…) that have jurisdiction over our town.
To quote Benjamin Franklin:

We must all hang together,
or assuredly we shall all hang separately.”

6 comments:

Anonymous said...

There is a grossly incorrect statement here that is both devisive and unsubstantiated.

"..The Water Board acted on this request on January 27th of this year by issuing Cease and Desist Orders to all of us."

The continuing deflection of blame for CDOs on anyone but the community electorate is both wrong and stupid, just like begging for fines is not phi beta capa. (If a cop pulls you over for speeding, insisting that he write you up ain't too bright - but then I've never tried that one, and knowing traffic cops, it might actually work by making them laugh).

The RWQCB, long before any election, had set forth enforcement actions if the LOCSD deliberately failed to comply with a TSO.

The idea that the RWQCB listens to members of this community in terms of enforcement (or almost anything) is ridiculous. They fined CMC without a few inmates asking for fines, or anyone else for that matter. They fined Pismo without residents asking for fines. Similary, all you lunkheads out there, they didn't fine Los Osos because a few people asked to be fined.

If Mr. Shipe's reasoning were valid, then the SWRQB would have just let the new board use all the SRF money for whatever the new board wanted - because the overwhelming number of letters to the SWRCB asked to keep the loan for a new project!

Mr. Shipe suggests the RWQCB acts upon letters, and only a minority of them at that. The truth is, the RWQCB doesn't do much of anything with the letters other than acknowledge their arrival.

If the former board possessed such commanding powers of influence with the RWQCB, then the RWQCB would have long ago
1) gone along with the partial sewering proposal by the former board, and
2) they would have granted the former board more time that Rose Bowker had pleaded for.

Mr. Shipe, on one hand, correctly asks for a community to come together, then on the other hand gives out incorrect information that will only pull the community apart. It is this politicizing of an issue that has made the problem worse over the years.

Namely, there is still political resistance and objection to the legally adjudicated discharge prohibition that festers on to this day.

The RWQCB fined the CSD because the project progress was deliberately halted, and the electorate did it deliberately. It's that simple.

The CDOs were issued AFTER the ACL hearing, in which the CSD offered NO CONRETE PROGRESS to ANY PROJECT. Meetings, workshops, and litigation are NOT considered progress (only action) - and that's all they offered at that time.

At the ACL, the CSD President gave unsupported statements, such as the Tri-W plant being prone to spills. Now, that would have been great except she offered absolutely NO professionally credible evidence to support her claim. THAT is the type of representation of your community at the ACL that killed the CSD at the ACL, which the RWQCB then followed up with (as requested by the RWQCB chair) with CDOs. And it is a representative government, NOT a democracy.

If Mr. Shipe wants to put blame, put it where it lies - with the decision to deliberately halt progress, and the absence of any real quantifiable reviewable alternate plan by the CSD.

It's one thing to want to change a project - it's another to do it and expect no consequence.

The best thing the community can do is to show progress on completion of a wastewater treatment facility. It's that simple.

So Ann & Mr. Shipe should stop creating devisive perceptions.

It is not productive to fight a political battel with incorrect information, regardless of which side.

Mr. Shipe is correct about the community working to show PROGRESS on a wastewater system, because only a wastewater system will cure the problem of CDOs.

Churadogs said...

Once again, you're mangling history. For example, the "Andre" site often cited wasn't the only suitable property "out of town." but it and its PG&E restrictions are the only ones cited. That's totally misleading. Ron Crawford has repeatedly documented that the key driving force behind the in-town sewer was the phony "public amenities" issue. The CSD and even the CC did not seriously consider any out of town site.

As for Specttor being a "pragmatist," and saying he won't spend a penny on "lawyers," Does he really think the CDO's mad pumping scheme actually accomplishes nitrate reduction in an effective, cost effective, more bang for the buck manner? Does he really think that pumping and driving 24 - 36 million gallons of wasteWATER to Santa Maria to dump it is going to help matters or simply creat an ever bigger mess?

Ifk his pragmatism says No, then he needs to join with many of the Los Osos 45 who are working to force the RWQCB to get serious and come up with a better solution than this mad scheme. The CDO hearings in April are a kangaroo court (8 hours, minus lunch and potty breaks to give 45 citizens the right to call witnesses, present evidence & etc. A joke.), so the ONLY way to froce the RWQCB to smarter "pragmatism" is by jumping through the kangaroo "administrative" hoops THEN taken the entire case(s) to court.

What many of the Los Osos 45 are doing will result in benefit to YOU when your number comes up, they are paving the way for YOU, they are working on requiring (via lawyers) the RWQCB come up with a smarter interim solution while the sewer moves ahead. And if YOY do nothing,then don't whine if someone refers to YOU as a freeloader riding on their coattails.

So, that's the question. What are YOU going to do to help these people between now and April 28, and thereafter?

Anonymous said...

Jeez, stop speculating.

You say, 'What many of the Los Osos 45 are doing will result in benefit to YOU when your number comes up'

You have absolutely NO idea if what they are doing will benefit themselves or anyone else, or will pave a road in the right direction or a wrong direction for themselves.

How can you say that, when you have no idea if they're even getting good advice??

Good for them that they're trying to doing something about it. But you should stop propagating speculative information and misinformation about things you know nothing about.

You have NO idea if agreeing to paying for pumping, as opposed to lawyers, would be smarter. How exactly do you KNOW these things.

There is one irrefutable fact. All the money that has been paid for lawyers over the last 30 years has NOT resulted in a sewer being built. I guess it depends on one's perspective if that's good or bad.

Churadogs said...

Suggest you come to a SAFE meeting, 7 pm at Sunnyside School, and talk to the folks there. What you are looking at with the CDOs is a CIVIL administrative proceeding that carries with it legal penalties and consequences, including fines and leins on property & etc. What the Los Osos 45 are doing is making sure that they are creating the documents and exhibits they will need (and everyone else in town will also need) if and when this ends up in a court of law.(extremely likely unless the RWQC BOARD votes to come to its senses and consider other options other than this insane pumping scheme)

Without preparing this NOW, the RWQCB can legally close the doors at the end of the April 28th hearing to members of the public who do nothing NOW, and so they will be forevermore shut up and shut out. It's the old "speak now or forever hold your peace."

That's why I asked, What are YOU doing to help your neighbors and/or yourself?

Anonymous said...

Well, one thing that would be good to do is to not spread misinformation Ann.

Your last post had more misinformation. That's something you should figure out before you provide bad advice to someone or the wrong type of 'help'.

Another thing Ann, why weren't you writing about the damage these CDOs could cause a couple of years ago??

Churadogs said...

Per publicworks: "Your last post had more misinformation. That's something you should figure out before you provide bad advice to someone or the wrong type of 'help'."

I Suggest you come to tonight's SAFE meeting and set everyone straight on all the "misinformation"