[The devil, they say, is always in the details. While the RWQCB Prosecution Team hammering The Los Osos 45 wished to portray the "settlement agreement" some signed under duress- that-nobody-wanted-t-admit-was-duress, heh-heh, as "almost the same as those in the cease and desist order" -- DING! DING!DING! Warning! Weasel Wording-- the agreement actually contained some very dangerous poison pills that every homeowner needs to take a very careful look at. So I would advise everyone to be very, very cautious about any New! Improved! Heh-heh, Settlement Agreement that might arrive over the transom pretending to be "almost the same" as whatever. The words Caveat Emptor were never so true. Especially since you're dealing with a Water Board that sent out a notice of violation that violated their own written procedures, i.e. was not sent certified mail and was not signed by the Executive Officer, thereby rendering this "notice" legally questionable in the first place, except as an electioneering ploy. ]Press Release
Residents in Los Osos have homes with legally permitted and properly functioning septic systems. Property owners in the prohibition zone are already paying a sewer assessment. The government is in control of the wastewater project for Los Osos. Individuals do not build sewer systems. It is wrong for the water board to coerce a 218 vote with threats of enforcement, and undermine the credibility of the County process. If you support clean water, regulatory compliance, and protection of property rights, you are in alignment with Citizens for Clean Water-PZLDF.
Please print, then post or hand out this message from Citizens for Clean Water. Neighborhood meetings to educate the community on the enforcement issues, and the NOV are being scheduled. Alan Martyn is handling the schedule. If you would like to host a coffee in your home call him at 528-0229 and set up the date and time.
A link to the RWQCB NOV http://www.waterboards.ca.gov/centralcoast/documents/LosOsosNoticeofViolationInteractiveVersion.pdf
Water Board FAQ http://www.waterboards.ca.gov/centralcoast/documents/FrequentlyAskedQuestionsreNOV.pdf
Make sure the community knows they are not required to do anything in response to the NOV. . The FAQ's says property owners will be hearing from the water board in the next months. The Board is seeking "prosecutorial efficiency" and will likely attempt to put clean up and abatement orders within a settlement agreement to avoid the hearings and appeals of 4400 individual cases. The enforcement in Los Osos is also precedent setting for future action in AB885.
NO PROPERTY OWNER SHOULD SIGN A CLEAN UP AND ABATEMENT ORDER. CAO's go beyond the Cease and Desist Orders and place property and legal rights at risk.
Feel free to write if you have questions-or come to a Monday meeting for more information. [Mondays, 7 pm. at the Washington Mutual meeting room]
Citizens For Clean Water