October 23, 2001
To:
Christopher Sproul, Assistant Regional Counsel, EPA
Joseph Tabacco Jr., Berman, DeValerio, Pease, Tabacco, Burt
& Pucillo
Ms. Rosie Slaughter,
Director-Examination TE/GE Division, IRS
Ms. Loretta Barsamian, Executive Director, San Francisco Regional Water Quality Control Board
From:
Oscar Braun, Executive Director, WQPP Coastside Posse
Re:
Continued Violations of Clean Water Act and Endangered Species Act
by Peninsula Open Space Trust (POST).
Enclosed
please find discovery documents and a deposition for the last Clean Water Act
lawsuit brought by Alan Beaven on my
behalf; Oscar A. Braun versus Towne Pacific Half Moon Bay L.L.C. On November 19, 1999 the parties settled
case ( # 406800) and the plaintiff filed a notice of dismissal within ten days
of the parties signing a settlement agreement.
Please note that a portion of the deposition of Christopher Lau
accompanied by selected POST discovery documents are marked “Confidential
Available to Counsel and Retained Experts Only”. Alan informed me after the settlement, that POST had acquired the
property in “As Is” condition and “Fully Indemnified” Towne Pacific prior to
purchasing the property. He also
informed me that Towne had fully disclosed “all” information regarding the twenty-five year landfill operation. The
confidential deposition documents also reveals Tom Pacheco’s role as operator
of the 250 acre landfill and the fact that it was Tom Pacheco and Gary Giovannoni
that conducted the Level II survey sample borings of their landfill operation
on behalf of Towne (note site sampling photos). Finally, the confidential documents reveal that POST
representatives were present during the Level II sampling by Pacheco and Giovannoni contrary to
instructions issued by the County of San Mateo Environmental Health’s Ann
Jensen to be notified in advance of the Level II survey. Alan sent me all his
case documents for storage prior to his
planned one year sabbatical in India.
The Half Moon Bay Coastside Foundation is a tenured coalition member of
NOAA’s Water Quality Protection Program and as such is formally requesting that
the EPA and RWQCB issue POST a Notice of Violation and Enforcement Orders for
the following violations:
·
The
Coastside Posse is asking EPA to file a NOV of the Clean Water Act (CWA)
Section 404. Issue Peninsula Open Space Trust an Enforce Order for their unlicensed landfill located in a
wetland environmentally sensitive area (ESA) containing listed species
without applying for the required CWA
NDPES permits. The Watershed Posse
further requests EPA ask the Court to
assess the maximum fines for each and every violation committed by this 501©3
open space land Trust’s breach of the public trust. Additionally, we are asking the EPA to seek Court protection for
the water resources controlled or managed by POST. The Half Moon Bay Coastside Foundation is requesting that the Court appoint the
HMBC Foundation as a conservator of the lands of POST. We further are requesting that POST be
disqualified from receiving any State or Federal permits or funding because of
their multiple violation of the CWA and gross breach of the public trust.
·
We
are requesting that the EPA issue a referral to the U.S. Fish and Wildlife
Service of multiple violations of the Endangered Species Act Section 9 (take) of listed species in a
dedicated ESA wetland and Arroyo Leon steelhead stream. The Coastside Watershed
Posse is asking that the Service issue
an enforcement order and recommend the maximum fines and penalties be assessed
by the Court. POST should be
disqualified from receiving any State or Federal issued permits or funding
grants because of their multiple
Section 9 violations and gross breach of the public trust.
·
The
Half Moon Bay Coastside Foundation is formally filing this complaint with the
IRS Ms. Rosie Slaughter, Director of Examination TE/GE, regarding POST’s multiple violations of the
Federal Clean Water Act and Endangered Species Act while benefiting from being granted their special 501©3 tax exempt
status. We are requesting a full and
complete examination and audit of the Peninsula Open Space Trust books and
business dealings. We are requesting that POST’s
501©3 tax exempt status be immediately suspended until such time a final
determination can be issued by the Internal Revenue Service. POST continues to receive ten of millions of
State and Federal funding grants in addition to the millions pledged or donated
to their open space trust by the public at large. POST has breached the public trust, continues to pollute our
coastal steelhead streams and the waters contained within the borders of the
Monterey Bay National Marine Sanctuary.
Alan Beaven notified POST on February 22, 1999 that “when POST acquires
the property it will become liable in nuisance for any pollutants emanating
from its property. “ Ergo, POST had
full environmental disclosure from the seller Towne, tenant Tom Pacheco,
Coastside Watershed Posse Executive Director Oscar Braun and the Foundation’s
Clean Water Act legal counsel Alan Beaven prior to the purchase of the Johnston
Ranch landfill and thus POST exercised informed consent.
In
closing, our Coastside Watershed Posse, co-founded by Alan Beaven, would appreciate an acknowledgement of
receipt of this formal complaint from the EPA, RWQCB and IRS. The Half Moon Bay Coastside Foundation has additional documents
regarding the POST properties and will make their staff and records available
to all regulatory agencies involved in processing this complaint. We are asking Alan’s friend and
colleague Joseph Tobacco Jr. to monitor
the actions of the captioned regulatory agencies and assist them before the
Courts if required.
Sincerely,
Oscar
Braun, Executive Director WQPP
Enclosures:
Documents RE: General Order 97-03 State Water Resource Control Board,
Deposition of Christopher Lau October 21,1999, Confidential Deposition of
Christopher Lau Available to Counsel and Retained Experts Only, Mission Statement, Coastside Posse’s Living
Legacy, Memorial Services Celebrating
the Life of Alan Anthony Beaven with
Poem by his son John Beaven.
CC: FBI Terrorist Task Force, Marcia Raines, San Mateo County Director of Environmental Services