January 17, 2002
To: Honorable Jerry Hill, President, San Mateo County
Board of Supervisors
From: Oscar Braun, Executive Director, WQPP
California Watershed Posse
Subject: Final Notice of Violations: POST, Half Moon
Bay Sealing & Paving, Wildlife Associates
Dear Jerry,
Enclosed please find three Notices of Violations
(NOV) of the Clean Water Act, Endangered Species Act and Coastal Act presented to the County of San Mateo over
the last twenty five months. The Coastside Watershed Posse has requested that
the County:
·
Require
the three cited violators to apply for the required Coastal Development Permits
(CDP).
·
Require
the three cited violators to conduct
EIR studies for their illegal development within a delineated
Environmentally Sensitive Area (ESA),
·
Require
POST to fully comply with State Water Resources
Control Board, Water Quality Order No.97.03 by applying for a permit to operate
a landfill.
·
POST
must comply with the 1998 County of San Mateo’s order to conduct a full
sub-surface level II (soil) assessment/survey on the entire landfill area (250
acres) while being supervised by SWRCB
certified engineers. NOTE: The sworn declaration of Anne T. Jensen,
R.E.H.S. provided by the County to the Court stated in part….”Defendant provided me with a copy of its
Level I and Level II assessment of the property. The Level II assessment
contained the analysis of three (3) soil borings .No water quality samples
were included. At no time was I notified of the implementation of this
investigation and therefore, I am unable to comment on the adequacy of the sampling. (attached please find Jensen’s signed
declaration before the Court)
·
POST
must place water quality monitoring wells throughout their Johnston Ranch
landfill operation area.
·
POST
must acquire a NPDES permits for discharging pollutants into the States’ water
bodies.
The Coastside Watershed Posse has petitioned the
Court to appoint the Half Moon Bay Coastside Foundation as a conservator of the
POST Johnston Ranch landfill holdings. The Foundation intends to establish an
environmental remediation fund to benefit the Arroyo Leon and the ground water
reservoir lying only fifteen feet below the landfill. The C.W.Posse is
requesting for the final time that the County exercise their regulatory
responsibility by enforcing full compliance with the CA, CWA, ESA environmental
protection laws. Without enforcement,
the County and the Foundation will not
be able to secure any Proposition 13 funding because of these three cited commercial and industrial
non-permitted violators. We are respectfully requesting that the Planning
Administrator Terry Burnes notify our Executive Director Oscar Braun, by close
of business Friday the 25th of January of the County’s intentions
regarding issuing their Notices of Violation (NOV) for the above captioned
violations.
Sincerely,
Oscar Braun,
Executive Director
CC. Marcia Raines, Terry Burnes, Mark Delaplaine CCC, C.Sproul EPA, Loretta Barsamian RWQCB, FBI Task Force, R. Slaughter TE/GE IRS, Willy Brown, Dianne Feinstine, John Burton, Anna Eshoo, Byron Sher, Joe Simitian, Louis J. Papan,