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Showing posts with label Regional Water Quality Control Board. Show all posts
Showing posts with label Regional Water Quality Control Board. Show all posts

Monday, May 19, 2014

Aw, Harvey, You're Not Even Trying Any More, Part Duh



Oh, now this thing has really gone off into the Crazy Weeds. On May 10, I posted a blog entry noting that the Regional Water Quality Control Board will be meeting here in SLOTown and item 14 on the agenda is a discussion/information item regarding the rescinding of the pointless CDOs that have been on The Los Osos 45 for years. And how Harvey Packard is weirdly recommending that the Board do nothing, keep the CDOs in place, because -- wait for it -- he thinks that somebody somewhere in the community might?  may? could possibly? refuse to hook up to the sewer once the plant comes on line, even though he offers absolutely NO evidence for that belief, and so he thinks the 45 should continue to be held hostage just in case something like that might happen because he can't think of a single way to deal with such a possibility.  Not a single idea.

Which means that his "reason" for recommending that the Board refuse any and all requests for dumping those ridiculous CDOs was seriously,  jaw-droppingly lame, an embarrassment all 'round.

But, wait, it gets weirder. Seems it was Harvey who thought up the idea of asking the Board to remove those CDOs in the first place.  (See email exchange below)

And with that, this whole thing slid off into the Crazy Weeds.  Consider:  Harvey Packard first asks, out of the blue, that CDO holder Bill Moylan contact the other CDOers and ask them to appeal to the Board to rescind those ridiculous CDOs since he thinks  "this would be a good time" to do that, and Bill replies that contacting CDOers was Harvey's job (since it was his idea in the first place and he, not Bill, had all the contact information), and sure enough, Harvey lines up an agenda item, time carved out of the Board's busy schedule to hear the item, community members who heard about this (including Supervisor Gibson) sent in letters commenting on that agenda item, (including Bev Moylan's detailed letter to the Board, posted on this blog March 19, 2014). 

And then  comes Harvey's recommendation: Harvey asks the Board to deny Harvey's idea. 

WTF?? 

So, here's the question:  Is Harvey Packard playing Lucy in a Peanuts cartoon?  You know the bit, Lucy asks Charlie Brown to come kick the football, and Charlie says, Nuh-huh, I don't trust you, and Lucy promises that she'll hold the football steady, so Charlie runs at the ball and Lucy yanks it away so Charlie flies through the air and lands-- Splat! -- on his back and Lucy laughs -- HA-HA-HA-HA!

And here's another question:  Do the Board members know that their staff Chief has been sadistically playing Lucy on the CDOers in this matter?  And wasting their time as well? 

Ah, yes.  Your Central Coast Regional Water Quality Control Board's staff at work.  A cartoon.

    
(The emails)
To hpackard@waterboards.ca.govharvey.packard@waterboards.ca.govmthomas@waterboards.ca.gov and 11 More...
May 18 at 11:23 AM
Mr. Packard,

Thank you for your recent correspondence. Please find attached and pasted below my response to the packet you sent. Once again I have copied Mr. Michael Thomas in the hope that, as in the past, he can forward my comments to Water Board members. 

Having ourselves on numerous occasions experienced  involuntary exposure by the CCRWQCB of our personal contact and domicile information over the years, I am especially sensitive to community members who may not wish to have their personal contact information become public record. You will note that I have Bcc’d the few community members for whom we have contact information to protect their privacy.

Sincerely,

Beverley De Witt-Moylan

**My attached correspondence is pasted herewith for your convenience:

Dear Mr. Packard,

Completely out of context and utterly spontaneously you suggested, on January 15, 2014, that my husband, William Moylan, rally our CDO cohorts to ask the Water Board to remove the CDO’s. With those words you deliberately implied a clear shift in your approach. We felt encouraged that the CCRWQCB had embarked on a new direction.

It was with considerable consternation that we read your proposal related to Agenda Item 14 for the May 2014 CCRWQCB meeting. Your recommendation directly contradicts what you told my husband to do in January. And so we require clarification.

You can, no doubt, appreciate our current confusion. My husband did not misunderstand you. After your January conversation he mentioned noting that you had specifically used the word, remove - and not rescind - the CDO’s.

When my husband contacted you to say that it was your responsibility, and not his, to ask the Board to remove the CDO’s, you agreed. You did not refute or correct his language. We had no reason to believe you had changed your position on encouraging the Board to remove the CDO’s. (For your convenience those emails appear at the bottom of this message.)

Given that you had unilaterally and unexpectedly raised the issue of CDO removal, your recent Board proposal was disconcerting, In January we truly believed that new Board members and new leadership provided you the opportunity to do the rational, right, and decent thing. Your recent incomprehensible CDO proposal demonstrates that nothing has changed. And so we now wonder at the point of the exercise.

We remain unclear about your motive in approaching my husband in January to suggest he ask the Water Board to remove the CDO’s. We will appreciate your clarification of this point of concern. We look forward to your prompt response.

Sincerely,

Beverley De Witt-Moylan
   
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.


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.
Harvey Packard Proposal Response

Wednesday, March 19, 2014

Dear Mr. Packard



Below is a letter by CDO Recipient R3-200601041, Bev Moylan, to Harvey Packard and the Regional Water Quality Control Board.  Harvey, one of the staff architects who helped create the cruel and ridiculous disaster that was the RWQCB's  "Mad Hattter Tea Party and Torquemada's CDO Auto de Fe Show Trial" that prosecuted The Los Osos 45. There are new members on the Board now, including a new Chairman, and I can only hope that some of  the more absurd aspects of this appalling regulatory abuse and comic-opera farce so clearly outlined here will prove to be a revelation to them.  A revelation and a unique opportunity to finally do the right thing here and, by removing these CDO's, help in some small measure to repair the damage done by the Board to itself, to this community and to these 45. 

There is never a wrong time to do the right thing.  And now is that time.
    
Dear Mr. Packard,

     Attached is my response to the invitation you extended seeking contributions from the community for your consideration in making your May Water Board presentation concerning the status of the Los Osos CDO’s.
     Please note that I have Cc:'d members of the Water Board in my correspondence and must rely on the good graces of Mr. Michael Thomas to forward it to them, as email contact information for the Water Board is unavailable. I have copied this email to the SLO County Board of Supervisors and the LOCSD, who may have an interest in the discussion. The CDO recipients, interested party, and community members listed at the end of my letter to you have been Bcc:’d in the email in the event that some of them may not appreciate having their personal contact information displayed in the public record.
     Thank you for this opportunity to contribute to the discussion of how to approach the "Los Osos 45” CDO’s, given the events of the past eight years.
     I urge you to reach out to the community as soon as possible, considering your March 31 deadline, using the considerable means at the water Board’s disposal to encourage participation from a broad spectrum of respondents. To rely on our contacts is to have extremely limited community outreach as you will see from the Cc: list at the end of my attachment.
     For your convenience a hard copy will follow this email.

Sincerely,
Beverley De Witt-Moylan,  CDO#R3-2006-1041

Bev's Letter to Harvey:

CDO #R3-2006-1041
1516 17th Street
Los Osos, CA 93402
March 13, 2014
Mr. Harvey Packard, Enforcement Coordinator
Central Coast Regional Water Quality Control Board
895 Aerovista Place, Suite 101
San Luis Obispo, CA. 93401-7906

Dear Mr. Packard,   
     Recently you wrote my husband, William Moylan, about your plan to approach the CCRWQCB at their May 2014 meeting to make a recommendation on the 2006/2007 “Los Osos 45” CDO’s. Your message invited participation from him and from the community. (“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.”) My husband told you in a recent email that our contacts in the community are limited, making it impossible for him to communicate your intentions community-wide or even CDO-wide. Given your deadline, I hope that you will contact the community without further delay, especially CDO recipients, to solicit their ideas.
      As a CDO recipient I appreciate this opportunity to contribute my thoughts to your Board presentation. I heartily support a proposal that the Water Board consider removing the punitive and costly “Los Osos 45” CDO’s. Thank you in advance for acknowledging receipt of this message and for your prompt response to my comments.
     Below are points for the Board’s consideration to support removal of the 2006/2007 Los Osos Cease and Desist Orders. 

 1) Limiting Los Osos CDO prosecutions to 45 out of approximately 4500 Prohibition Zone families:

     As you are aware, Mr. Packard, Water Board records demonstrate that my husband and I have consistently complied with the terms of our CDO. Since 2006 we have paid for three pumping cycles. Before the Los Osos sewer is scheduled to go on line, another cycle will be due. Newer Water Board members should understand that the thousands of dollars spent to comply with CDO requirements since 2006 represent an expense exclusive to the 45 targeted CDO families.
     Newer Water Board members may have the same difficulty we did comprehending the clean-water rationale behind choosing just 45 families out of approximately 4500 to clean the waters of Los Osos. Newer Board members may be aware that the Water Board began those 45 CDO prosecutions in January 2006 and imposed no further CDO’s in Los Osos after the successful sewer assessment vote in 2007. They may appreciate why some believe that the aim of the CDO prosecutions in Los Osos was, in fact, a YES vote on that 218 sewer assessment. Whatever the original intent, the small number of CDO enforcement orders has been as effective as no enforcement orders at all in cleaning the groundwater basin in Los Osos.

2) Random enforcement:

     Newer Board members need to know that the term, “random enforcement” was only loosely applied to the 2006/2007 Los Osos CDO prosecution. Some commercial properties use significantly more water than any single family home and are more likely to degrade groundwater quality. Yet no commercial property in Los Osos became a target for a proposed CDO in that enforcement action. At the same time, home businesses were not exempted.
     The proposed CDO required all defendants to disclose to the Water Board in early 2006 the names of all residents on their property or face heavy daily fines. Because of that requirement, the Prosecution Team and the Board knew that some households, like ours, were comprised of just one or two people, many of us not at home during the day. While some small households were being prosecuted at random for polluting the groundwater, other homes housing large groups and families escaped enforcement. One neighbor on our block operated a daycare. A house across the street from us had four adults in residence, two of them stay-at-home, along with four young children. A college rental on our block housed up to ten people per night. At their frequent parties many more used that septic system. Another neighboring home was the off-and-on residence of up to six adults. Except for a now long-vacant house across the street from ours, no other property on our block but our two-person household has a CDO with its frequent pumping requirement.
    Newer Water Board members surely understand that distance to groundwater can play a role in water quality. In the random CDO prosecutions, however, distance to groundwater was not considered, because site-specific evidence was irrelevant in choosing CDO targets. Homes sited much too far above groundwater for seepage to occur received the same CDO enforcement with the same pumping schedule as those much closer to groundwater.
     The unscientific selection of random targets for individual CDO enforcement provides only accidental opportunities for water quality improvement. Random CDO prosecution to address basin-wide water quality makes no environmental sense.

3) The conduct of the prosecution:

     Instead of utilizing a more moderate community-wide mechanism to achieve a potentially reasonable clean-water outcome, the Prosecution Team went directly for extremely limited random application of the high-impact Cease and Desist Order with its inherent threats of up to $5000/day fines and the possibility of referral to the California Attorney General for criminal prosecution should the sewer project stall. This tactic was the clean water solution the 2006/2007 Water Board visited on 45 law-abiding, taxpaying families to address water quality in Los Osos in 2006/2007. Those orders and those conditions persist to this day. As newer Water Board members may imagine, daily exposure to this toxic influence for more than eight years has resulted in personal consequences to health, relationships, family life, work, and school. Any hint of a potential sewer project delay affects us, but our CDO has no measurable effect on water quality in Los Osos.
     The Prosecution Team’s approach to evidence was to introduce no site-specific data beyond a Prohibition Zone address. The 2006/2007 Water Board did not require nor consider site-specific evidence in rendering its CDO judgments. Whether a household was two feet or a hundred feet above groundwater, whether a single person working outside the home or a large group used a septic system, whether a septic system was malfunctioning and seeping into groundwater or was functioning perfectly, all were irrelevant to the 2006/2007 charges of groundwater pollution.
     To make an informed decision in response to your proposal, Mr. Packard, newer Water Board members need to grasp that the 2006/2007 Water Board and staff made no attempt to find pollution and fix it. Imposition of CDO’s was the sole goal, and the record demonstrates that a Prohibition Zone address was the sole requirement for successful prosecution of the proposed CDO’s. In considering the CDO’s today, newer Water Board members will note that without site-specific pollution evidence and site-specific remediation plans the Los Osos CDO’s do not serve the purpose for which CDO’s were intended.
     Newer Board members are likely unaware that after issuing proposed CDO’s in January 2006 the Water Board encouraged defendants to work together to prepare their defenses from stacks of disorganized documents located in a back room on site and sometimes on the CCRWQCB web site. You no doubt remember, Mr. Packard, and can apprise the newer Board members of how, with the careful appearance of proper procedure, the 2006/2007 Water Board led defendants to believe that they had a fair chance to avoid a CDO judgment with a well-researched defense.
     As Mr. Jeffries, Mr. Young, and you are well aware, Mr. Packard, but newer Board members may not be, defendants discovered that whether they appeared at their hearings with a solid defense supported by expert testimony, whether they failed to appear and took a judgment by default, or whether they simply did not respond in any way to the proposed CDO notice, all defendants received the same judgment. It became clear when the individual hearings began, and the Water Board issued blanket CDO’s, that no defense could trump a Prohibition Zone address. With no evidence beyond a map of defendants’ homes the prosecution team prevailed with 100% success. To meet a Water Board enforcement objective in Los Osos, 45 families were found guilty of living in the Prohibition Zone.

4) Frequent pumping requirement of the “Los Osos 45” CDO’s despite expert testimony to the contrary:

     Frequent septic tank pumping has not only an ongoing financial impact, but also a negative effect on proper functioning of the septic system. Newer Board members may not know that in 2006 septic experts testified at the CDO hearings that frequent pumping impairs proper operation of septic systems. Newer Board members should be advised that at the time the CDO’s were imposed, Water Board staff member, Matt Thompson, testified that no Water Board member, nor Water Board staff, had any formal training in the structure and function of septic systems. Faced with expert testimony, credentials, references, and recommendations from septic systems experts on the hazards of frequent septic tank pumping, staff nonetheless recommended and the Water Board imposed CDO’s with an every-three-year pumping requirement.
     Each time we have had our tank pumped as required, Al from Al’s Septic has told us that our tank did not need pumping, adding that some tanks work well for 30 years without pumping. Nonetheless, we have to follow the CDO requirement to show evidence of compliance by having our tank pumped and submitting receipts every three years.
     Dr. Daniel Wickham, who gave expert testimony at the CDO hearings said that it can take up to two years for a tank to recover its bacteria levels and begin to work efficiently again after being pumped. An every-three-year pumping schedule seems to be the wrong way to approach septic tank efficiency. Removing the CDO with its frequent pumping requirement would return our septic system to a healthy balance and more efficient functioning until we hook up to the sewer when the project is complete.

5) No apparent compliance oversight:

     In considering removal of the “Los Osos 45” CDO’s the current Water Board should also note that CDO compliance has been inconsistent, with effectively no oversight to address non-compliance with the required pumping schedule. Indeed, I have no knowledge of any penalties incurred by, or any Water Board interest expressed in, CDO recipients who have allowed their pumping requirement to lapse.
     Given the apparent lack of attention to CDO oversight, my husband and I became curious about non-compliance as a way to avoid an unnecessary financial drain with the added benefit to our septic tank of not pumping. We wrote the Water Board to find out its position on non-compliance with the CDO pumping requirement. Instead of simply answering our question, however, Water Board attorney, Ms. Helen Arens, construed our letter as an attempt to negotiate our CDO. She failed to address the Water Board’s policy or position on Los Osos CDO compliance oversight. In the absence of information on the oversight policy for the “Los Osos 45” CDO’s we came to believe that none exists.  With no apparent mechanism being utilized to oversee compliance it might be difficult for newer Water Board members to appreciate the relevance of our individual CDO’s to the quality of groundwater in Los Osos today. Having cost California taxpayers hundreds of thousands of dollars to prosecute, the 2006/2007 CDO’s now appear to be all but obsolete.

6) The process currently in place for CDO removal in Los Osos:

     Newer Board members may find it intriguing that the Water Board already has a procedure in place for removing the CDO’s in Los Osos. They might be surprised to learn that upon sale of a targeted property the new homeowner starts fresh with nothing more than the pro forma NOV sent to all other non-CDO properties in town. In addition, the former homeowner walks away from the property completely free of any enforcement encumbrance. In short, when CDO-targeted property sells, the CDO vanishes.
     When targeted families sell their homes, buyers move in CDO-free. This system demonstrates clearly how little the Water Board values our CDO’s as effective mechanisms for establishing and maintaining clean groundwater in Los Osos. You and I, Mr. Packard, both know of targeted families, some of them quite elderly in their late 80’s and early 90’s, who felt forced to sell their Los Osos homes to escape the stress of living with a CDO. Newer Board members may be motivated to consider ways to remove our CDO’s that do not force families out of their homes.

7) Present impact of CDO’s in Los Osos:

     Los Osos residents I have talked to in recent years are shocked to discover that the CDO’s remain in place and that we are still paying regularly to pump our tanks. Most believed that the CDO’s were removed long ago following the 2007 passage of the 218 sewer assessment. They had their suspicions about the reason for the CDO’s in 2006 and thought their YES vote gave the Water Board what it wanted (see comments by Mr. Young as Board Chair in 2005 and 2006 regarding voting in Los Osos and the enforcement actions there). In addition, many of those not targeted for CDO’s have been completely unaware of them with no idea what a CDO is. Many who moved here in subsequent years have had no exposure to that tragic chapter in Los Osos history, especially since the popular press has not covered the “Los Osos 45” in recent memory. The only impact of CDO’s in Los Osos today is the longterm financial burden on and the implicit threats to the targeted families. The Los Osos CDO’s long ago outlived their true purpose by many years and many thousands of dollars.
     Mr. Young, Mr. Jeffries, and you, Mr. Packard, were parties to, and can likely find justification in your own minds for all the aforementioned. My hope, however, is that based on the fresh perspective you intend to provide, the 2014 Water Board will agree that it is time to remove the 2006/2007 Los Osos CDO’s.

     In addition to asking the Water Board to remove the Los Osos CDO’s, I request that you make two more proposals on behalf of the Los Osos 45.

1) Apology:

     Many in the community believe that the Water Board owes the “Los Osos 45” an apology. Newer Water Board members may be able to appreciate the pointless harm caused to 45 Los Osos families through the random CDO prosecutions of 2006/2007, and more than eight years of enforcement. Video and written records serve as stark reminders of what ordinary Los Osos families faced for months as CDO defendants, and for years thereafter, in a prosecution that ultimately produced no discernible benefit to the waters of the state of California.
      Uncomfortable as it may be for some to hear, the CDO prosecutions in 2006/2007 and their aftermath have caused irretrievable losses of life, health, peace of mind, family bonds, homes, income, and time. A written apology is the least the Water Board can offer each family targeted for a year of prosecution and for over seven years of enforcement with persistent threats of daily fines, referral to the California Attorney General for criminal prosecution, and loss of property should the sewer project encounter any unexpected delay.

2) Reparations:

     My second request is that those of us who have submitted receipts in compliance with the terms of our CDO’s shall receive compensation for all money spent on what amounts to unjust fines for the pumping requirement that none but the “Los Osos 45” have had to fulfill. Newer members of the Board will no doubt comprehend the unfairness of this onerous, unscientifically applied obligation placed on randomly selected families, a number known to be much too small to be of any statistical significance in addressing the condition of the groundwater in Los Osos. Yet, as a member of the Prosecution Team at the time, Mr. Packard, you are aware that addressing impaired groundwater quality was the pretext for the CDO prosecutions, which stopped after successful passage in 2007 of the 218 sewer assessment in Los Osos. No matter what newer Board members may believe to have been the true purpose of our CDO’s, they cannot fail to see the obvious. Imposing CDO’s on a random selection of 45 families in Los Osos, and enforcing those 45 orders for over eight years could never accomplish a basin-wide clean water objective.
      It is my hope that your presentation, Mr. Packard, will allow newer Board members to see the logic of removing the CDO’s and the appropriateness of redress. Reparations are a way to address in Los Osos what is ultimately irreparable. By offering an apology and compensation, the Board has an opportunity to reverse a questionable strategy used eight years ago with consequences that reverberate to this day. The actions of the 2006/2007 Water Board forever changed the lives of 45 Los Osos families. The 2014 Water Board has an opportunity finally to compensate them by removing their CDO’s, along with refunding their pumping costs, and extending an apology, allowing a long-overdue healing process to begin at last.
     For further background on the prosecution of the “Los Osos 45”newer Water Board members could search the archives and links at www.calhounscannon.blogspot.com and  www.sewerwatch.blogspot.com.

     Thank you, Mr. Packard, for this opportunity to contribute to your May 2014 Water Board presentation. For your convenience I will send you a hard copy of this message with copies to members of the Water Board, the San Luis Obispo County Board of Supervisors, the Los Osos CSD, and other community members with an interest in this process and for whom I have contact information. I hope you will use the abundant resources at the CCRWQCB to advise the Los Osos community of your intentions so that “anyone else interested in the situation” might have an opportunity to contribute their thoughts.

Sincerely,
Beverley De Witt-Moylan,
CDO#R3-2006-1041

Cc:
Dr. Jean-Pierre Wolff, Chair CCRWQCB; Dr. Monica Hunter, Vice Chair; Bruce Delgado, Board Member; Russell Jeffries, Board Member; Michael Johnston, Board Member
Michael Jordan, Board Member; Jeffrey Young, Board Member; Michael Thomas, Assistant Executive Officer; Bruce Gibson, Chair, SLOBOS; Debbie Arnold, Board Member; Adam Hill, Board Member; Frank Mecham, Board Member; Caren Ray, Board Member; Los Osos CSD

Monday, August 06, 2012

Another Buh-bye to Rog


The following is a guest posting by Ron Crawford of http://www.sewerwatch.blogspot.com.  He’s been writing about all this for years.  Indeed, if he ever writes a book about The Los Osos Sewer Wars,  the tome will be longer than “War and Peace.”  Heck, the footnotes alone will be 17 volumes.

It’s certainly been a long, strange trip, with some fascinating crossroads, key points at which even a slight tweak, a slight course change could  have made all the difference.  But those course changes didn’t happen and the reasons Why they didn’t are some of the most intriguing things about the Hideous Sewer Wars. Well, it’s all water under the bridge now. And that flat, bloody, furry thing in the car’s rear view mirror?  That’s Los Osos, smooshed flat by the wheels of history.

Ann recently blogged  about how the State's long-time local water "quality" CEO, Roger Briggs is retiring this week, so, considering that he's been working in that office as long as I've been reporting on Los Osos (since the early 1990s. Roger and I go waaaaay back. He knows me, and I know him, and, in full disclosure, I'm not a Roger Briggs hater. I actually kinda like the guy. He's always been good at returning my emails, and picking up the phone. He just got http://sewerwatch.blogspot.com/2007/05/she-is-los-osos.html Jedi Mind Tricked  on Los Osos, like everyone else), I want to quickly join in on the Calhoun's Can(n)ons  Roger Briggs Retirement Party (and, hopefully/certainly, spur one of my new favorite guilty pleasures: the crazy anonymous comments that show up on Ann's blog whenever she posts anything related to "the sewer." [And, apparently I'm not alone on that guilty pleasure. Am I right, people, or am I right?... you know who you are.]))

Before the CDOs, before the Tri-W disaster, before AB 2701, there was http://sewerwatch.blogspot.com/2005/10/briggs-blown-opportunities.htmlmy one question:

Why in the world did Roger Briggs allow the 1999 - 2000 Los Osos CSD to waste two years on a non-"project" -- the "better, cheaper, faster" disaster -- that Roger already knew wasn't going to work?

He http://sewerwatch.blogspot.com/2011/05/exposed-karner-confession.html KNEW it wasn't going to work, and then he just sat back and watched it not work... for two over-the-top-disastrous years.

That was THE  bureaucratic blunder, in the entire  Los Osos sewer mess, and it was solely responsible for the next 13-years-AND-COUNTING of Los Osos sewer disaster, and no one  -- well, other than me, of course -- said a word about that act of  gross  incompetence.

And, just like I write in my October 18, 2005 open letter at http://sewerwatch.blogspot.com/2005/10/briggs-blown-opportunities.htmlthis link, had ol' Rog shown up at that 1999  Los Osos CSD meeting, where http://www.smartvoter.org/1998nov/ca/slo/race/109/ Pandora and Co. voted to kill the county's then-"ready to go" sewer project, and begin pursuit of the known-to-be-DOA "better, cheaper, faster" disaster, and simply said something like:

"Look, we all know that your gimmicky little 'better, cheaper, faster' http://sewerwatch.blogspot.com/2009/07/exclusive-sewerwatch-investigation-how.html Community Plan  isn't going to work. It will not be better. It will not be cheaper. And it definitely will not be faster. It can't  be any of those things, because it is not going to work, as we, and a bunch of other water quality types, have been telling you for the past year.

“Now, I want you to listen to me very closely. If there is one friggin' nanosecond of sewer delay due to your pursuit of that paperweight you call a 'sewer project,' we are going to start fining you, hard and fast."

Had  Roger shown up at that meeting, and said that to the brand new LOCSD Board, in early 1999, the past 13 years-and-counting of Los Osos sewer disaster, at an IMMENSE cost to the State of California, would have never happened, because HAD Roger said exactly that, at that meeting -- and this point is crazy-important, yet almost never discussed (well, outside of SewerWatch) -- the project would have simply, and logically, just turned back to the county's "ready-to-go" project... that was sitting right there... "ready to go," and Roger knew that.

Which means that, since early 1999, ALL of the delays of "the sewer" -- delays that led directly to, among many other disastrous things, those hideous, and highly embarrassing to the the local Water "Quality" Control Board, CDO's -- are Roger's and the Regional Board's fault!

He never lifted a finger to stop that known-to-him-to-be a disaster.

So again:

Why in the world did Roger Briggs allow the 1999 - 2000 Los Osos CSD to waste two years on a non-"project" -- the "better, cheaper, faster" disaster -- that Roger already knew wasn't going to work?

Which means that I also want to bring this:

http://sewerwatch.blogspot.com/2006/04/sewerwatch-cdo-defense-six-mirrors.html... to Roger's retirement party.

That's the link to my April 14, 2006, blog post where I suggest to the CDOers, that their defense should be to bring six mirrors to their RWQCB "trial," and then hand them to the RWQCB members, and one for Roger, because the CDO's were actually their fault for allowing the 1999 - 2000 LOCSD to completely waste two years on a "non-project" that Roger http://sewerwatch.blogspot.com/2011/05/exposed-karner-confession.html ALREADY KNEW wasn't going to work.

And, frankly, it's a damn shame that none of the CDOers used my defense strategy. because, not only would it have been hilarious, it would  have worked.

So, happy retirement, Rog, and, a toast to no more "not happy memories!"

Cheers.

###





Friday, July 27, 2012

Good Riddance, Roger



Yesterday’s Tribune had a glowing paean to retiring Central Coast Regional Water Quality Control Board executive officer Roger Briggs.  Supervisor Bruce Gibson’s typically smarmy, oleaginous pull quote was featured.  Said Gibson, “I know him [Roger] as an executive officer who is deeply committed to preservation of groundwater quality.  I think he pursued his job with a great deal of integrity.”

Really?  I daresay there’s a great many people here in Los Osos who would beg to disagree.  And anyone who sat through Roger’s Mad Hatter Tea Party and Torquemada’s Auto de Fe Kangaroo Kort of The Los Osos 45 would snort through their noses at such an idea of . . . integrity. 

For those who have forgotten, when the good citizens voted to move their sewer plant to a site out of town (a not unreasonable idea, in a sane world) Roger cooked up his Mad Pumping Scheme and presented it to the full Board.  In a fit of pique and with an astonishing lack of knowledge of how septic tanks actually work, Roger presented for Board approval a plan to have everyone in Los Osos pump their tanks every two months.  The septage would be hauled to Santa Maria for disposal, thereby removing gazillions of gallons of water from an already overdrawn water basin.  This looney scheme made absolutely clear that Roger didn’t have a clue how septic tanks worked.  Neither did the Board itself, which is absolutely astounding in a Board that had life and death power over a community made up entirely of homes on  . . . septic tanks.

During the Mad Pumping Scheme hearing, citizens after citizen rose to tell Roger and the Board what they already should have known:  Too rapid a pumping schedule disrupts the flora and fauna of a properly operating tank and results in worse discharges and hampered leach fields. It’s the worst thing you can do if you want to “preserve groundwater quality.” Only a complete incompetent could have come up with such a hair-brained scheme and only a dangerously uninformed Board would have sat there with their fingers up their noses seriously considering such nonsense.

Finally, into the fray, appeared Dr. Wickham, CEO of Sludgehammer Septic Systems, a guy who does know something about septics.  He cleaned everybody’s clocks and made clear to the world what idiots were in charge of this Board.

Then the head of the regional air quality board wandered up to the podium and put the hammer down:  Gazillions of trips with pumper trucks into and out of Los Osos times 4,500 homes would spew out gazillions of tons of pollutants and that was soooooo not gonna happen on his watch.  Which stopped the whole ridiculous dog and pony show cold.

Now, really, really miffed, Roger, “committed to preservation of groundwater quality,” came up with an even more damaging scheme:  He singled out 45 happless citizens, The Los Osos 45, by a process that to this day remains unexplained, the documents to the selection process conveniently having been destroyed.  Then he slapped CDOs (cease and desist orders) on the 45 and set up the biggest looney-tune Mad Hatter CDO trials the world has ever seen.  Nobody who sat through that mad proceeding could believe their eyes.  It was beyond the looking glass. 

For months and months, 45 citizens were jerked around, their homes threatened, their health damaged, their peace of mind ruined, their lives turned upside down. At least one premature death was, from all reports, a direct result of Roger’s pique and ire. The “case” started lumbering, huge reams of testimony was duly recorded, vast piles of money was expended, tax-payer money, then the attorney for the terrified 45 pointed out a few legalities and the whole thing came to a screeching halt. 

Do over! Do over! yelled the Board, as if you can un-ring a bell.  So the whole shambling show rumbled back to life, now more confusing than ever.  To this day nobody is sure what testimony was in or out, one CDO recipient is still in limbo, and now the whole thing sits on appeal, having cost the State of California at least $500,000, likely closer to a cool million.

And what was the “trial” all about?  Well, Roger told the Board that it was about “water quality.”  But the CDOs put on the homes of The Los Osos 45 disappear when they sell their homes. Since nobody digs up their septic tanks when they move, the tanks remain behind, but with no onerous CDO on them.  Same tank.  Same discharge.  So, no.  The Mad Hatter Trial and the CDO’s had nothing to do with water quality. They were, plain and simple (and made clear from the dais by board Chairman Young) electioneering blackmail to get the community to vote the “right way” on the sewer bond issue. (Something the community was going to do anyway, without threats.)

And that small inconvenient fact illustrates the truly despicable element of the whole behavior of the Regional Water Quality Control Board and Roger, their CEO:  They believed a false narrative about Los Osos.  They believed that false narrative, fed them by Roger and other certain groups, primarily among them the Pandora Nash-Karner-led “Dreamers,” that anyone who opposed a sewer in the middle of their town was “an anti-sewer obstructionist;” that the whole town was anti-sewer, that we were a community full of Moonbeam McSwines willfully rolling around in our own urine, scofflaws and miscreants who deserved to be punished and  “fined out of existence,” as Pandora so sweetly  put it in an email to her good buddy, Roger. 

That was a lie.  That was a lie that Roger fed the Board repeatedly and it was a lie that the Board didn’t bother to examine for themselves.  Which exposed the Board as a gaggle of incompetents who were not willing to do their due diligence. In a sane world, Roger Briggs should have been fired after Dr. Wickham got done with him and his staff.  And for agreeing to go forward with the whole looney Mad Hatter “trial,” the entire Board should have had brown paper bags popped over their heads and been frog-marched into resignations, to be replaced with a competent Board that put science and facts and common sense pragmatism before pique and lies.

But we don’t live in a sane world.  So we got Board failure, CEO deception, staff and Board incompetence, illegal electioneering, a huge waste of public funds on a nonsense fake “trial,” and  none of it – none of it – had a beneficial effect on so much as a single drop of water. Indeed, Roger’s lunacy and the Board’s failures and incompetence made things worse by delaying progress on the sewer, diverting time and energy and money, and fueling an already frightened, divided community into hostility and unnecessary opposition instead of working for a unified effort focused on moving forward. Not to mention, Roger’s pointless mad schemes hastened the death of at least one person and damaged the health and lives of many more. 

And now Roger’s off on a happy retirement, not a care in the world, Supervisor Gibson’s smarmy words in a bold pull-quote on the front page of the local section of the newspaper, complete with a picture of Roger, smiling. 

Oh, and yes, the Tribune does note, “Briggs described the controversy caused by his agency’s efforts to stop the water pollution in Los Osos as ‘not a happy memory.’”  No, indeed not.

Well, good riddance, Roger.  I hope your replacement as CEO will be someone who has more integrity and common sense than you did and understands that false narratives (lies) and Mad Hatter Trials and Mad Pumping Schemes don’t do a lick of good to keep our waters clean. They just damage the organization you work for and can do untold damage to a whole community.   

 

Saturday, August 07, 2010

Yup, That's How It's Done Here In Chinatown

Poor Ms. Sherrod isn't the only person to be the victim of Officials Acting Badly Without Complete Facts.  See Ron Crawford's post, "How the Water Quality Control Board "Sherroded" 45 Los Osos Property Owners," at http://www.sewerwatch.blogspot.com/.

Yup, that's how it's done.  Bankrupt and/or bury the victims, then walk away.

Monday, November 16, 2009

AWWW Mah GAAWWWDDD, I SEE EVERYTHING TWICE SOME MORE!

It’s déjà vu all over again only this time in Malibu. Yep, that’s how it’s done, folks. Los Osos was the test case. Now it’s Malibu. Welcome to Chinatown, Boys, Welcome to Chinatown.

The best comments from the L.A.
Times story concerned the “science” studies being ignored because they missed the comment deadline (???) (Bwa-hahahah) and the comment from one of the Board members about “raw sewage running down the streets,” which seems to be a mantra with Regional Water Quality Board members who are apparently clueless as to how septics actually operate even though they’re charged with overseeing septics. (Yes, it’s the old raw sewage running down the streets ploy. More Bwa-hahahah) Ah, poor Malibu. Say prayers.


PROHIBITION ZONE’ FEVER GRIPS MALIBU
If you have lived in Los Osos for at least the past five years, the following account may echo with a darkly familiar ring: “Hundreds attended Thursday’s 10-hour hearing, which included passionate testimonies for or against the septic ban from environmental group leaders, surfers, Los Angeles County officials, local developers and wastewater experts, among others." This from a Nov. 11 Malibu Times article under the headline: “Water board bans septics in Malibu.” According to the article, the RWQCB’s Malibu prohibition means “an end to future permitting of septic systems in the commercial areas as well as the residential areas...” Malibuites will soon discover more than they ever wanted to know about Los Osos, as the posh, pastoral city by the sea takes sides. Sure, it’s a different town, but the same story line. It’s called “The Sewer Scam!”

To Read More, Click Here:
http://www.rockofthecoast.com/features/rockreport/833-prohibition-zone-fever-grips-malibu

THE ROCK LIVES...

Friday, September 25, 2009

More Tea! More Tea! Move Down! Move Down!

In case you were idly wondering about the Regional Water Quality Control Board’s CDO Mad Hatter Tea Party and Torquemada’s Auto de Fe CDO prosecution of The Los Osos 45 . . . oh, that’s right, you’ve forgotten all about those poor people who were terrorized, branded criminals, had their freedom threatened with statutory jail time, their property put under threat, dragged through a ridiculous, abusive “trial” that kept changing whimsically when the Board and staff’s incompetence kept tripping them over their own feet . . . and you thought to yourself, What in hell was THAT hideously expensive (tax payers picking up the bill) farce all about, anyway? Was it about clean water? Was it about protecting the waters of the State of California? Was it about stopping pollution? Was it about septic tanks? What was it about?

Well, now we know. One of the CDO holders sold their home and called the RWQCB staff to ask what happened to their CDO since they didn’t intend to dig up their septic tank and take it with them, you know, their illegally discharging septic tank that was polluting the waters of the state of California, the one that was under a CDO?

Well, the reply finally came back and here it is. Let me translate it for you. (1) All pigs are created equal, but some are created more equal than others. (2) Septic tanks in the PZ don’t pollute. Only septic tanks with CDO’s on them do. And when the CDO-holding “criminal” residents sell their property and leave (and leave their “criminal” septic tank in the ground when they move) the new residents using the exact same tank don’t pollute and are not “criminals” and are of no concern to the RWQCB, which does not intend to enforce their CDO policies equally and fairly to all residents in the PZ. CDO’s were clearly a sick joke, a clear abuse of state power that was only intended as an intimidation tactic, and electioneering device, that had NOTHING to do with either “fair and equitable treatment” (not even among the 45 CDO holders . . more equal pigs) or “science” or, hell, even “clean water.”

From a Sept 23, 2009 letter to a Los Osos CDO holder, from Frances McChesney, Senior Staff Counsel, State Water Board

Enforcement of Cease and Desist Orders

Mr. Michael Thomas has asked me to respond to your emails with respect to enforcement of cease and desist orders (CDOs) regarding septic tanks in Los Osos. In particular, you have questions with regard to the following section of Mr. Harvey Packard’s letter to you dated August 18 2009

What requirements does a CDO impose when a CDO holder moves or sells the subject property?

The pertinent parts of the cease and desist order state the following:
3. Discharger shall inform any subsequent owner or occupant at the Site of this Order and provide a copy of the Order. The Discharger is liable for the use of the Septic System, while the Discharger owns the Site, including but not limited to the use of the Septic System by any tenant or any other person occupying the Site.

4. The property owner shall notify the Executive Officer and the Staff Prosecution Team in writing of any transfer of ownership of the Site within 30 calendar days following close of escrow or transfer of record title after transfer of ownership.

CDO holders are required to inform the new owner and the Water Board if they sell the property. However, the order is silent on the issue of whether the order continues in effect after the sale of the property. It is the enforcement team’s position that the order is no longer in effect upon sale of the property, either upon the original CDO holder or upon the new owner.

The Advisory Team agrees with the statements in Mr. Packard’s letter. The Central Coast Regional Water Quality Control Board (Water Board) would consider the issue of the responsibility of the past and current owner to comply with a CDO only if the Enforcement Team brought an enforcement action after the property is sold, which, as Mr. Packard’s letter states, they do not intend to do. Therefore, the Water Board itself cannot make a decision or comment on this issue now, without a proposed enforcement action from the Enforcement Team. If the matter did come before the Water Board, I, as the Advisory Team attorney, would advise the Water Board that the existing CDO does not apply to the new owner or the previous owner once the property is sold. Water code section 13301, which pertains to the issuance of CDOs authorizes the issuance of CDOs against the current owner or operator, not the previous owner or operator. To enforce against new owners, the Water Board would need to issue a new CDO.

With respect to the existing CDOs, penalties only accrue from the date of any violation of a CDO, not back to 1988. If a CDO recipient is not violating a CDO, no penalties are owned or accruing at this time. In addition, enforcement of any CDO is not mandatory.