Misc. Sewer News
March 4th, 2008
Gail McPherson, Citizens for Clean Water -PZLDF-805-459-4535 or firstname.lastname@example.org
--------San Luis Obispo Ca.
Will The "Los Osos 50" Get Their Day in Court?
Regional Water Board Fights California Citizen’s who question individual enforcement and the conduct of the Regional Water Board.
The Los Osos 50, singled out for enforcement by Water Board prosecution staff, simply want their day in Court. -----Judge La Barbara to Hear Arguments Wednesday March 5, 2008 in San Luis Obispo Superior Court Division 2.
In a series of legal maneuvers State has filed several actions to try to stop the Los Osos Citizen’s appeal from being heard. Shaunna Sullivan, the attorney representing the community, will defend the need for the Court to hear the appeal. The citizens’ appeal was filed in Superior Court following a refusal by the State Water Board to review the actions by the Regional Water Board over a year ago.
In 2006 the Regional Board launched random enforcement against a handful of homeowners. Los Osos Citizens’ filed a defensive lawsuit in May 2007. Appealing the actions and conduct of the Regional Board, they claim abused regulatory authority, and did not comply with basic due process and constitutional protections. The Water Board wranglings insist the Central Coast Regional Water Board doesn’t have to follow their adopted hearing requirements, or those set forth in the Administrative Procedures Act. The confusing and protracted 18 month enforcement hearing process saw numerous changes to the rules, and hearings canceled to allow the prosecution to restart their case because of claims of bias by the hearing panel.
[the current] civil rights lawsuit simply requests that the Central Coast Regional Water Quality Control Board vacate the orders they issued last year. The orders threaten to move 15,000 residents from their homes based on several requirements spelled out in the orders. These include fines, up to $5000 per day if homeowners do not connect to a sewer by 2011. However, the County schedule for the sewer won't be available to connect to in the required timeframe. The Water Board Chairman further threatened all properties in Los Osos at the May 2007 water board meeting. All properties are subject to retroactive fines of up to $5000 per day (each) all the way back to 1988, saying such enforcement was the board’s discretion.
“The punitive and abusive actions by the Regional Water Board is completely out of control, and we believe these orders and their conduct is illegal,” said the spokesperson for Citizens for Clean Water-PZLDF, the non profit group representing the community.
More Information: www.pzldf.org
CV070472: Prohibition Zone Legal Defense Fund vs.. Central Coast Regional Water Quality Control Board.
Sullivan & Associates
Shaunna Sullivan, www.Sullivan.law.com
Central Coast RWQCB
ALL PROPERTY AND BUSINESS OWNERS
YOU ARE CURRENTLY SUBJECT TO WATER BOARD ENFORCEMENT
(PASS ALONG TO BUSINESSES AND RESIDENTS PLEASE)
There are (3) three categories of enforcement actions in Los Osos. You fall into one of them.
Orders for randomly selected homeowners=(1)Cease and Desist (CDO's) (2) Clean up and Abatement Orders (CAO-'settlements') (3) Notice of Violation (NOV) whatever your status, benefits may accrue from the current filed appeal of water board enforcement. (Case No CV070472)
Status of Beneficially Interested Party: The 'parties' to the appeal, including the individuals, the Los Osos Community Services District (LOCSD), and Citizens for Clean Water (aka) PZLDF provide important benefits that could be made available to you. The appeal requests relief from the individual enforcement.The lifting of all enforcement orders from individuals properties is a primary goal of the enforcement appeal filed by Sullivan and Associates in behalf of the community.
The appeal requests the Cease and desist orders (CDO's) and Settlement (Clean up and Abatement orders) are vacated, along with the blanket NOV's. As a beneficially interested party this would apply to you under the LOCSD or PZLDF parties to the appeal.
If you would like to be considered as a 'beneficially interested party' please Call l 534-1913 or 459-4535 for more information.
[The appeal ] is not connected to the sewer project, and in no way to interferes with the County sewer project, assessments, or agreements. It seeks to protect due process and property rights) www.pzldf.org
Meanwhile, Part Duh:
As Sewerville fans know, the Tribune featured a front page Part B story, complete with photo, of Tom Murphy installing a Reclamator in the yard of his home. This, of course, will have absolutely NO EFFECT on anything or anyone in any way shape or form. Harvey Packard, nay! not even Roger Briggs of the RWQCB will say a thing. No NOVs or CAOs, zip, nada. Mr. Murphy may or may not submit paperwork asking for a waiver, and if he does, what will come back is bland gobbledygook about having to connect to the sewer in 2011 or face prosecution for being a “discharger.” Translation? “Waltz me around again, Willy.”
Unless Mr. Murphy has or will shortly file a legal case in a “real” court, which, judging from the PZLDF case (above) will be dragged out for YEARS and YEARS to turn into another version of Dicken’s “Bleak House.”
The stupidity of all of this is astounding. All that nice money being spent by the RWQCB and not so much as one drop of water has been cleaned up. Think about what could have been accomplished if, on day one, the RWQCB had helped the CSD and citizens form a Septic Management District (as they were begged to do by citizens and the CSD) and start a coherent program of Pump, Inspect, Repair. How many septics and/or poorly functioning leach fields would have been discovered and ”repaired” by now, thereby actually affecting WATER?
Instead, The Two Suit Boys from Sacramento, Jerry Brown’s Boys, do get to fly down to SLOTown for some R & R, nice trip on a nice day, and if there’s delays in the court proceedings and they have to fly back again and again, which is what happened last time since Judge La Barbara didn't have time to read the various pleadings and asked everyone to come back a few weeks later, well, it’s not on their nickel, it’s YOURS, and if it doesn’t clean up so much as one drop of water, well, who cares? It’s just tax money being spent by a broke state to support a horribly misguided and bungled CYA “prosecution” that was originally the result of government bungling, lies and failure in the first place. Jeesh!