Well, yesterday's Regional Water Control Board mini-hearing
didn't go too well for staff CAO, Harvey
Packard. Agenda #14 was supposedly about
asking the Board to remove the useless, stupid, horrible, pointless, no good
CDOs from The Los Osos 45. And, as the truth of the matter slowly
spilled out, it turns out that it was several new Board members who had asked
for an update and status review on the matter.
But instead of making that clear in an official, formal, complete
notification to all the 45, Harvey
was forced to fess up that he didn't do that.
Instead, he just sorta blew the whole thing off and instead casually
asked CDO-holder, Bill Moylan, if he (Bill)
could contact some of his fellow 45ers and see if they'd like to send in
comments.
It soon became clear that for Harvey,
this Board request was just like, Oh, Whatever.
And his lackadaisical approach left the Moylans with the clear idea that
the whole thing was Harvey's
idea. Even his final staff report made
no mention as to the source of this agenda item. So it was a shock when he came back with his lame,
ludicrous reasons for disapproving what clearly appeared to be his own request
in order to keep the CDO's in place.
Naturally, once Harvey's
muddling of this issue unwound at the hearing, I do not think the Board was
amused. But, wait, it got worse.
Supervisor Bruce Gibson showed up to again request that the CDOs be
removed and noted that if the Board was worried about compliance, the County
has an ordinance in place that mandates --
with both civil and potentially criminal penalties -- that homeowners hook up when the sewer goes
on line.
Then Harvey was
asked by a new Board member, whether he was familiar with the ordinance. No, apparently Harvey
had to admit he was unaware of its existence.
Then, to make matters worse, the new Board asked Harvey
what other regulatory/legal/procedural methods were available to him (and/or
the Board) to ensure compliance. And CAO
Harvey hemmed and hawed and had to admit he wasn't sure, possibly something
could be done by the Attorney General, maybe, or he didn't know.
All of which made clear what/who the problem with the RWQCB
has always been: A Board and staff too often unprepared, uncaring, sloppy,
incompetent, indifferent, heedless of consequences, or in the words of
former staff member, Matt Thompson, uttered at Roger Brigg' insane Mad
Hatter Tea Party Trial and Torquemada's Auto de Fe Extravaganza, that I guess
we didn't think things through . . . .
(And, to be fair, a staff
often undertrained, overworked, understaffed, and a Board burdened with enough technical
reading material to digest and rule on that would choke an elephant. And, I
need add, "rule on" complex issues
too often outside their area of expertise. Since these same people have the
power and ability to ruin lives and injure communities, the disconnect between
competence and overburden is a
chronic, systemic problem and what can make regulators, without a good system
of checks and balances, so dangerous.)
Well the upshot of all this was that Dr. Monica Hunter (who is now free to
participate fully since the reason for her recusal as a Los Osos resident has
been removed), sternly schooled Harvey for how he was to proceed when this
issue again comes before the Board in September: He is to formally, officially notify ALL
the CDO recipients with full information
notifying them of the hearing. None of this slipshod, whatever.
So, no, not a good day for Harvey. BUT, I think it may well have been a very
good day for The Los Osos 45. The new Board members were clearly uneasy
about those CDOs, saw no point in them, expressed discomfort about the sheer
unfairness of them. (Former Chairman
Young, who deserved to have a paper bag put on his head while this item was
being discussed, wisely kept his mouth shut. He's smart enough to know you
can't defend the indefensible, and the looney Mad Hatter Trial over which he presided had
jumped the shark so far there was no hope of ever recovering.)
And so the consensus of the Board was to try to set up two-step
hearings on the same September day. The first item
would be an informational hearing as to exactly what enforcement mechanisms are
available to the Board. (The Board is
fearful that if they free the 45 that somehow they'll be helpless to do
anything to anybody in the PZ ever again.
It's an example of a Board that still
hasn't thought things through.) Then the second agenda item will be an action item:
Discussion, public testimony, then a vote on whether or not to stop this
nonsense and free The Los Osos 45.
Meantime, the Board will write a MOU to the 45 excusing
their August requirement of tank pumping, a burden that pointlessly blows $600+
out of their budgets, a burden only The 45, out of the whole
community, have to bear.
So, good news? For
the community, maybe. As Supervisor
Gibson noted, in making the case for stopping this insanity, the inherent
unfairness of the continued Board refusal
to remove those CDOs is still an impediment to finally bringing the community
together.
Indeed. And that's
because the CDOs remain a painful symbolic reminder of the basic injustice meted
out to those 45 citizens who were stupidly, unfairly, pointlessly, sadistically hung out
to dry. And left there to swing in the wind for years while everyone else in
the community went on their merry way.