Harvey, your previous Mad Hatter Tea Party "Trial" Board was an embarrassment and this ridiculous recommendation is not helping your new board -- or yourself -- at all.
Harvey's concluding opus followed by my letter to the Board:
There are currently 33 orders in effect. The orders require hookup when the community system becomes available and the interim actions noted above.
During public comment and staff updates at meetings over the years, the Central Coast Water Board has received requests from order holders and other interested parties that the Central Item No. 14 -3- May 22-23, 2014
Coast Water Board rescind the orders. It is within the Central Coast Water Board’s discretion to do so at a properly noticed public meeting.
Central Coast Water Board enforcement staff recommends leaving the individual enforcement orders in place for the following reasons:
1. The County has not yet completed the community system, and while we are confident that it will, this outcome is not guaranteed.
2. The main requirement of the orders, hooking up to the sewer when it becomes available, cannot yet be complied with. This requirement should stay in place until the system is available.
3. Even when the system is available, there may be dischargers in the prohibition zone who are reluctant or refuse to hook up. Leaving these orders in place maintains a disincentive for order recipients to continue violating the prohibition after construction of the sewer system.
Staff has received numerous comments on this subject. Most encourage the Central Coast Water Board to rescind the orders. Reasons include the County’s progress toward completing the community system, the cost of more frequent septic-tank pumping, the unfairness of only holding a small number of dischargers responsible, and the continued stigma of the orders. The comments are provided with this report.
1. Example Cease and Desist Order
2. Example Cleanup and Abatement Order
My Reply May 9, 2014
Dear Mr. Packard and RWQCB Board Members:
Regarding the upcoming CDO hearings for The Los Osos 45, your staff recommendation states you oppose rescinding the CDOs because you believe (with no evidence proffered) that a few of these people may be "reluctant or refuse to hook up" when the sewer is completed. So you are recommending that the RWQCB declare everyone of the 45 guilty before the fact and so continue to hold every one of them hostage on the basis of that unsupported belief?
Mr. Packard, I have an alternate suggestion for your Board. As then-chairman Young made clear from the dais during the CDO's Mad Hatter Tea Party "trial," since the CDO's were only being used as a coercive part of the Board's illegal electioneering attempt, and since that assessment vote is long over, rescinding the CDOs will help bring to a close that absolutely embarrassing chapter in your Board's history, and help repair the RWQCB's credibility as it moves forward under new leadership.
And, once the sewer plant is built and IF you find out there actually are a few people who refuse to hook up, there's a simple solution: Put a CDO on the homeowners for an action that can be supported with actual evidence, not some kind of before-the-fact "belief."
Please include a copy of this email to the Board as part of the public comment on this matter.