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Friday, May 05, 2006

Ron Crawford over at Sewerwatch (www.sewerwatch.blogspot.com) checks in again, taking aim at one of his favorite targets, the Tribune. Duck and cover.

7 comments:

Anonymous said...

Looks like Okun's out - objection by LOCSD to conflict of interest seems to be reason. May 11-12 hearing are postponed. You heard it here first:

http://www.waterboards.ca.gov/centralcoast/los%20osos/documents/05-05-06RequestforContinuance.pdf

http://www.waterboards.ca.gov/centralcoast/los%20osos/documents/NoticeofContinuedProceedings.pdf

Anonymous said...

Looks like Okun's out - objection by LOCSD to conflict of interest seems to be reason. May 11-12 hearing are postponed. You heard it here first:

www.waterboards.ca.gov/centralcoast/los%20osos/documents/05-05-06RequestforContinuance.pdf

www.waterboards.ca.gov/centralcoast/los%20osos/documents/NoticeofContinuedProceedings.pdf

PublicWorks said...

So the $6.6 million question now is;

Will the state stay the fines from the ACL hearing?

And even if they do, it doesn't mean fines against the district are not accumulating and the RWQCB cannot issue another ACL complaint against the district.

Churadogs said...

"PublicWorks said...
So the $6.6 million question now is;

Will the state stay the fines from the ACL hearing?

And even if they do, it doesn't mean fines against the district are not accumulating and the RWQCB cannot issue another ACL complaint against the district.

8:50 AM, May 06, 2006 "

If I'm not mistaken, the ACL case goes to appeal to the SWB, which can make adjustments in the ruling, and then it can go to civil court, where who knows what will happen.

One thing not clear on this latest delay is, what constitutes a "prosecution team?" I mean, at the prosecution table sits Matt Thompson, Lori Okun and Sorrell Marks. Those are all regular "staff" that meets regularly with the Board & etc, thereby crossing that "wall of separation." So are they all out and a new "Mr. Science Guy", plus a new "Ms.Science Personage" (whoever Sorrel is) as well as Mr/Ms. Lawyer Personage will all arrive in Dodge City?

Publicworks said...

It was clear, at least from the letter, that the issue from the cited case was the bias from advice from the prosectuting attorney, not the whole team.

But the door was left open to allow a whole new prosecution team. I would wager there will be a whole new prosecuting team, because the state won't want to lose or see it dragged out on procedural or process appeals.

I would also wager that the $6.6 million fine will be stayed on appeal to the state for the same reason. Still doesn't get the district off the hook for fines in the long run, which are still accumulating at the rate of $11,000/day and counting.

Anonymous said...

Oh goody, goody! Maybe now we won't have to pay for a sewer.

Churadogs said...

Public works said:"It was clear, at least from the letter, that the issue from the cited case was the bias from advice from the prosectuting attorney, not the whole team.

But the door was left open to allow a whole new prosecution team. I would wager there will be a whole new prosecuting team, because the state won't want to lose or see it dragged out on procedural or process appeals."

What I found most interesting from Lori Okun's letter (May 4) was this: "The State Water board has recently established a new Office of Enforcement. One of the Office of Enforcement's functions will be to serve as the prosecutor in complex enforcement action before the regional water quality control boards." (note the plural, board(s).

Clearly, the State Water Board saw a problem all over the state? Else, why would they establish this new Office of Enforcement? Ture, an out of town Enforcer will have to get his basic (mis)information from the on-site team, which will lead to problems in GIGO, but maybe he/she'll have a cooler eye and no vested interests and so be able to bring a better real-life judgement to whatever's being decided? Or is that too much to ask for?