I received the
following email & thread between The Moylans (One of The Los Osos 45) and RWQCB's Harvey Packard. The email is self-explanatory. Though it may seem like ancient history,
there are 45 of your fellow Los Ososians who are still under the gun from Roger Briggs' "Mad Pumping Scheme" and the appalling and pointless "Mad Hatter Tea
Party and Torquemada's Auto de Fe" show "Trial" that followed. The world moved
on but these 45 got stuck with Mr. Briggs', Mr. Packard's and Mr. Young's
massive Folly.
Is it possible that
Mr. Packard is finally having second thoughts about his role in this
excruciating, hideously embarrassing fiasco? Especially since Mr. Young is no
longer Chairman and, mirable dictu, there's some new, competent,
better-informed, knowledgeable,Board members who, hopefully, will bring to this
Board a desperately needed new perspective. And this Board can finally make this right? Let's hope so.
Mr. Moylan has listed Mr. Packard's email if you wish to give him input
on this matter. I have lots of input I could give Mr. Packard, but for now,
I'll allow Ms. Moylan's cogent comments (to be posted shortly) speak to the
point. But, for now, there's the question:
Should The Los Osos 45 finally be set free?
Dear Friends,
Below is an email string between Bill Moylan and Harvey
Packard of the Water Board Enforcement Division that you may find worth reading
(up from the bottom). You will see that Mr. Packard mentions asking members of
the community to comment on the CDO’s
currently being enforced on 45 families in Los Osos. He is considering asking
to have them removed. He expected Bill to get the word out. Bill told him that
we don’t know enough people, and that he needs to communicate with the
community, himself, using the Water Board’s considerable resources. But he has
not done that yet, and so we are forwarding the message string below to help at
least a few community members to communicate thoughts on retaining or removing
the “Los Osos 45” CDO’s.
Mr. Packard is looking for community input on a topic that
means a lot to those of us with CDO’s in our
lives for the past eight years.
Bill and I hope you’ll take some time to send Harvey Packard
a message to say what you think the CDO’s
are accomplishing, and whether or not they should remain in force or be removed
from the 45 properties and all the people they have affected since 2006. His
email address is hpackard@waterboards.ca.gov.
Your neighbors with CDO’s appreciate your
taking the time to speak up briefly to express your opinion on whether the “Los
Osos 45” CDO's should be removed.
Please feel free to pass this message along. Anyone who
needs to be reminded of the CDO prosecutions
can go to www.waterboards.ca.gov
and search los osos CDO’s, los osos
enforcement actions 2006, or other colorful and imaginative possibilities.
There you will find transcripts of the April
28, 2006/December 15, 2006/January
22, 2007 enforcement hearings, among other intriguing documents.
Thank you for taking a look below and for taking the time to
communicate with Mr. Packard, if you are so inclined.
Best,
Bev
From: Subject: Re: Los Osos CDO's
Date: February 24,
2014 7:38:37 PM PST
Dear Mr. Packard,
Thank you for your prompt reply to my message and for your
invitation to provide input for your May proposal to the Water Board.
To let interested parties know about your proposal, however,
requires information I do not have. But your agency does have it..
As the compliance officer for the CCRWQCB, you are the
appropriate party to encourage input for your May 2014 CDO
proposal by contacting all individual enforcement recipients and by
making a timely public announcement.
Sincerely,
William Moylan
On Feb 24, 2014,
at 9:26 AM, Packard,
Harvey@Waterboards wrote:
Mr. Moylan,
I agree that it is my job to make a recommendation to the
Water Board about the CDOs, and I plan on doing so in a written report to the
board for the May 2014 meeting. The board will not take any action at the
meeting, but could provide direction to staff.
If you or anyone else interested in the situation would like
to provide input toward my recommendation, please provide that information to
me by March 31.
Thanks,
Harvey C. Packard, PE
Section Manager and Enforcement Coordinator
Central Coast
Water Board
895 Aerovista Place, Suite 101
San Luis Obispo, CA
93401
(805) 542-4639
(805) 543-0397 fax
From: william]
Sent: Saturday, February 22, 2014 11:08 PM
To: Packard, Harvey@Waterboards
Subject: Fwd: Los Osos CDO's
Sent: Saturday, February 22, 2014 11:08 PM
To: Packard, Harvey@Waterboards
Subject: Fwd: Los Osos CDO's
Dear Mr. Packard,
I sent you an e-mail on February 10, 2014 (12 days ago)
saying that my wife and I believed that it was your responsibility to submit a
proposal to the Water Board to remove the Cease and Desist Orders that were
issued to 45 households in Los Osos in 2006 and early 2007. I still have
not received a response from you. I believe that you have had ample time to respond
to my e-mail. I request that you send me a response regarding my first
e-mail within the next five days. Below is a copy of that first e-mail.
Sincerely,
William Moylan
Begin forwarded message:
From: william < Subject: Los Osos CDO's
Date: February
10, 2014 8:42:54 PM PST
Dear Mr. Packard,
Recently you spoke to me at the CCRWQCB office
suggesting that my wife and I join forces with other CDO
families to ask the Water Board “to remove” the Cease and Desist Orders they
imposed on us in 2006 and 2007.
It is my understanding that the original individual
enforcement proposal came from CCRWQCB staff. You were on staff at the time of
those hearings that resulted in a 100% successful prosecution rate.
After carefully considering your suggestion, I
concluded that the party who proposed individual enforcement is the appropriate
party to request its removal. As CCRWQCB Enforcement Coordinator and
Advisor to the Board you are in the proper position to ask the Board to remove
the individual Cease and Desist Orders that resulted from the prosecution of
the “Los Osos 45.”
I request that you submit that proposal as soon as
possible.
Sincerely,
William Moylan
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