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ILLEGAL GROUNDWATER MONITORING WELLS LOCSD, COUNTY, RWQCB SPECIOUS DATA TREASURE CHESTMost of Baywood Park around the Bay is below sea level. In the early 1970s, in order to combat seawater intrusion into the groundwater, to prevent sewage flooding and to allow leach fields to function properly, the RWQCB suggested the County pump down the groundwater in Baywood Park at least 14 feet and install one or two Cluster Plants (small sewer systems) to service the homes in the immediate area and handle future growth. Unfortunately (but not surprisingly) the County followed its usual course of action regarding Los Osos: doing nothing.The RWQCB also suggested the County implement a Septic Tank Maintenance Ordinance to provide for the inspection of all septic tanks in Los Osos. Those systems found to be defective ordered to be repaired, those damaged beyond repair, replaced. The RWQCB specifically said there was no need for a sewer in Los Osos. Unfortunately, the County followed its usual course of action again regarding Los Osos: doing nothing. In fact, during their entire stewardship of Los Osos through 1999, the County NEVER did anything to implement any water preservation, recycling or wastewater management programs that would help protect and preserve our water. To this day, during the rainy season, there is flooding in the Baywood Park area around the Bay because the groundwater has NEVER been pumped down. Because of the inordinate high groundwater increasing when it rains, some of the leach fields are unable to properly function resulting in wastewater overflow and probable contamination of the groundwater. Despite the obvious danger to public water and health and despite the belligerent and continual refusal of the County to take action, the RWQCB never issued an Order to the County or, later, the LOCSD to correct the situation: A clear dereliction of their duty under the law. During the Total Recall movement in 2002, the LOCSD was presented with a volume of scientific evidence that verified the positive results of pumping down the ground water 14 to 16 feet. They were also presented with an estimated cost that did not exceed $2 million. The cost of a cluster plant that would handle up to 250 homes was under $1 million. The evidence verified that by taking the two cost-effective steps, all flooding would stop, all affected on-site systems would be converted to the cluster plant thereby preventing future sewage spills and allowing future growth without jeopardy to public health or safety. Since the LOCSD terrorists were determined to install the $1 billion vaccine-resistant, deadly pathogen-producing factory, they were not interested. In fact, their stooge and GM, Bruce Buel, began damage control by trumpeting another of their usual diatribes of lies and misinformation at public LOCSD meetings, brandishing paperwork that allegedly showed the costs to pump down the groundwater would be in the millions and that the results would be negligible at best. According to Buel, the LOCSD and the RWQCB, the cost to pump down the groundwater and install a Cluster Plant would cost more than $60 million and produce no positive results. The fact is, true science clearly proved that by pumping down the groundwater and installing a Cluster Plant in Baywood Park, there would be no more wastewater flooding, that all Leach Fields would perform at peak performance, that groundwater would be safe and future growth protected. By 1980, the County central sewer project for Los Osos was full speed ahead. In 1981-’82 the County hired the engineering firm of Brown & Caldwell to drill 11 groundwater monitoring wells in Los Osos. Each Groundwater Monitoring Well is simply a hole in the ground in which is placed a galvanized tube and capped off with a thin metal hinged top. (Link drawing of Monitoring Well). The purpose of a GWMW is to allow short-term monitoring of the upper groundwater. As designed, their legal lifespan is no more than one year. This is because there is virtually nothing to prevent contaminates from entering, or from deliberately being poured into the groundwater. The law specifically states that if a standard monitoring well is to be left open after one year, it must be brought up to current California Water Well Standards as stated in State Well Bulletin 74-81. If not, it is to be filled in with concrete, not simply abandoned or continued to be used to collect specious data. To help prevent natural contaminate intrusion from rain and animals, these wells are required to be built with the top portion above ground. Most or all of the 11 illegal wells in Los Osos were irresponsibly or deliberately drilled below ground level which guaranteed pollutants, including animal urine and feces, would be allowed to run into our public water supply. The “poorly constructed” condition of these illegal wells was acknowledged by RWQCB Executive Director Roger Briggs in a 1984 memo to his then superiors, B. Leonard and K. Jones, at the RWQCB. In his memo Briggs said, “Ground water analysis in Tables 2 and 3 do not indicate human bacterial contamination except in poorly constructed groundwater monitoring wells, according to Percy Garcia (county Lab Analyst). The County had these wells installed. Frank (De Marco, RWQCB engineer) inspected these wells last week with Percy and agrees there is a potential for contamination from surface runoff. County staff maintains the data indicates nitrate concentrations aren’t going up much. Our wording in the staff report is “‘continued degradation.’” Briggs continued: “The County does not want to debate these points on the 7th. They agree a project (sewer) is needed and are proceeding as quickly as possible, according to Clint.” (Clint Milne, County Engineer). The Briggs memo confirmed that the County deliberately ignored the fact that there was no contamination of Los Osos water except from the “poorly constructed” monitoring wells. It also confirmed that the RWQCB deliberately and criminally did nothing to enforce the laws regarding the closing or upgrading of the 11 illegal wells, thereby exposing the community of Los Osos to contaminated water. Both the County and the RWQCB deliberately, irresponsibly and illegally placed the health and safety of the entire community of Los Osos at a serious, deadly risk and continue to do so to this date. In 2002, 21 years after the wells were installed, the Total Recall Committee produced evidence showing the 11 illegal wells were still being used to collect specious data fraudulently showing a fictitious nitrate problem allegedly caused by Los Osos septic tanks. Apparently whenever the County, the RWQCB or the LOCSD terrorists needed to show continuous or increased contamination data, they simply “went to the wells” of deliberate contamination. MONITORING WELL LAWSCWC 13701. The Legislature finds and declares all of the following: (a) Improperly constructed... groundwater monitoring wells … can allow contaminated water on the surface to flow down the well casing, thereby contaminating the usable groundwater. (b) Improperly constructed … monitoring wells … can allow unusable or low quality groundwater from one groundwater level to flow along the well casing to usable groundwater levels, thereby contaminating the usable groundwater. (c) Contamination of groundwater poses serious public health and economic problems for many areas of the state. There can be no doubt that the law is specific regarding “poorly constructed groundwater monitoring wells” as posing a “serious public health and economic problem…” by “…allowing contaminated water on the surface to flow down the well casing ... contaminating the usable groundwater.” The law is specific regarding the duty and responsibility of the RWQCB if they discover any source of contamination or threat of contamination to public water, and the punishment for any person or agency that is in contempt of those laws. CWC 13802. If the regional board finds that standards of … monitoring well construction … and destruction are needed in any area to protect the quality of water used, or which may be used, for any beneficial use, it shall determine the area to be involved and so report to each affected county and city in the area. The report shall also contain any well standards which have been recommended by the department. There were NEVER any “well standards recommended by the department.” CWC 13271 (a) (1) states: “…any person who, without regard for intent or negligence … permits any hazardous substance or sewage to be discharged in or on any waters of the State … or probably will be discharged in or on any waters of the State, shall as soon as (1) that person has knowledge of the discharge, (2) notification is possible, and (3) notification can be provided without substantially impeding cleanup … immediately notify the Office of Emergency Services.” Roger Briggs and his then superiors at the RWQCB, as well as county Health and Engineering Departments and the county Board of Supervisors, were (and are) all aware of the contaminated, “poorly constructed ground water monitoring wells,” yet chose to disregard the law and public safety in order to further their terrorist scheme. The laws are specific as to what is to be done, who is responsible and what the punishment is for failure to take the appropriate actions. CWC 13271(c) states: Any person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not more than twenty thousand dollars ($20,000) or imprisonment in a county jail for not more than one year. Certain County officials and employees and RWQCB officials who were aware of the use and condition of the wells from 1982-’83 to date, and later including the original LOCSD Directors and their GM, Bruce Buel, are allegedly guilty. CWC13340. Whenever a regional board finds that a discharge of waste within its region is taking place or threatening to take place which does or will cause a condition of pollution or nuisance, constituting an emergency requiring immediate action to protect the public health, welfare, or safety, the Attorney General, upon request of the board, shall petition the superior court to enjoin such discharge. “The court shall have jurisdiction to grant such prohibitory or mandatory injunctive relief as may be warranted by way of temporary restraining order, preliminary injunction, and permanent injunction.” The evidence shows that the RWQCB made no such request to any court at any time. The evidence further shows that the County and the LOCSD not only deliberately failed to take the appropriate actions to protect the health and safety of the community water as prescribed by law, they continued to use the wells to collect specious data. CWC 13350 (d) states: The Court may impose civil liability either on a daily basis or on a per gallon basis, but not both. (1) The civil liability on a daily basis may not exceed fifteen thousand dollars ($15,000) for each day the violation occurs. Based on CWC 13350 (d), if the County, the RWQCB and the LCOSD were found guilty of only one offense each, Roger Briggs, Gerhardt Hubner, Sorell Marks, certain County elected and appointed officials, all of the original LOCSD Directors and their GM, Bruce Buel, would be liable for fines totaling $5,475,000 per year times up to 27 years for a total of $147,825,000 per person. In addition to the civil penalties, there are criminal punishments (per offense) that could be imposed. They include imprisonment for up to three years (per offense) and up to $25,000 (per offense). As demonstrated in the Briggs memo, since 1984, when the wells were already illegal, the RWQCB, the County and later, the LOCSD were all aware that there were 11 illegal groundwater monitoring wells in Los Osos that were a documented danger to the public water and health, yet they deliberately failed to protect the public water and the health of the residents of Los Osos by ordering the wells sealed or brought up to California Water Well standards as cited in State Well Bulletin 74-81. ALLEGED DELIBERATE SALTING OF A WELL TO COLLECT SPECIOUS DATADuring the Total Recall effort in 2002, it was discovered that the LOCSD was allegedly salting the well across the street from the golf course in preparation of taking samples to show that the nitrate levels in our water had increased. Approximately three months prior to the testing, 12–14 horses were moved on to the property and allowed to free roam. In the center of the field was the well. The horses were free to urinate and defecate anywhere, including on and around the well opening. Immediately after the tests were conducted all of the horses were removed. Shortly thereafter the LOCSD announced their contrived findings at a public meeting allegedly showing an increase in nitrates followed by a trumpeted sense of urgency to hasten the completion of the project. In an ongoing effort to reveal the truth regarding the 11 illegal wells, in June 2003 a Public Records Request was sent by Los Osos citizen Budd Sanford to the RWQCB that included 21 items. Number 13 requested: “Please identify all tests conducted by the RWQCB from the following [groundwater monitoring] wells to determine and identify Nitrate contamination of Los Osos water caused by Los Osos septic tanks.” All 11 wells were identified by their specific I.D. number. Response from Roger Briggs: “… we do not have available resources to create the specific report you requested (nor are we required to), nor are we aware of the existence of such a specific report.” Number 14 of the PRR asked: “Please identify each poorly constructed groundwater monitoring well (observation well) by the appropriate well number and location identified by you (Briggs) in your December 11, 1984 memo to B. Leonard and K. Jones.” Briggs response: “See response to 13 above.” If the RWQCB had no such records, what did Briggs base his 1984 memo on? Briggs wrote the memo that was allegedly based on reports from Percy Garcia (County) and Frank de Marco (RWQCB). Why was Briggs unwilling to cite the data he used to write the memo? Since specious data collected from one or more of these illegal wells has been allegedly used for more than 20 years by the County and the LOCSD to show contamination by Los Osos on-site systems, and since the RWQCB has refused to produce the data used to support the 1984 Briggs memo, it is reasonable to believe there is a conspiracy and a deliberate cover-up. Regarding the Briggs reply: “… we do not have available resources to create the specific report you requested (nor are we required to)…” Under the Public Records Request law, the RWQCB was/is “required” to produce any and all documents requested within 10 days or notify the requestor the reason(s) for non-compliance. The law is clear. It is not incumbent upon the requestor to identify a specific document or documents by name. As long as the PRR contains enough information to reasonably allow the recipient to identify the material and to respond accordingly, that is enough. In fact, the law further states that the “agency” is required to do all it can to help a Requestor locate any and all material relevant to the PRR. That includes providing the “resources” necessary to comply. In this case, since the RWQCB and the County had been claiming for years that the Los Osos groundwater was contaminated by on-site systems, they would need to have documented evidence. The “necessary resources” would simply be one or two personnel taking the time to pull up the records and make copies. In another PRR sent by Sanford to the RWQCB in 2003, it said: “I am requesting any and all documents, records, etc., that verify the RWQCB ‘mandated’ a central sewer be built in Los Osos, that ‘Los Osos had no choice’ as stated in LOCSD literature and many times publicly by RWQCB representatives.” Since the RWQCB “mandated” sewer statement had been repeatedly used by the LOCSD, publicly echoed by the RWQCB a number of times and NEVER refuted by the RWQCB when Nash-Karner or the LOCSD were quoted in the Telegram-Tribune, there had to be a written record, a letter from the RWQCB to the LOCSD or the County of the alleged “mandated” sewer. In response to a number of requests by Sanford, Briggs finally admitted that they had NOT “mandated” a central sewer, that it was the LOCSD that had chosen the sewer. In response to a separate PRR from Sanford, the State Water Board confirmed this. Since the RWQCB “mandated” sewer had been a lie that was used as a hammer by the LOCSD terrorists to deter residents from stopping the project, from demanding updated, affordable technology to improve the efficiency of on-site systems, that was used to influence a legal vote, used to coerce and intimidate residents and deprive the community of their civil rights, these confirmations were, in fact, admissions in writing by both Water Boards of their culpability and participation in fraud and terrorists tactics to help force the $1 billion-dollar vaccine-resistant, deadly pathogen-producing factory on Los Osos. In 2003, Sanford and two other Total Recall Committee members presented evidence of election fraud and illegal groundwater monitoring wells to SLO District Attorney Gerald Shea. After weeks of stonewalling, in regards to the election fraud, the D.A. stated that he saw no evidence of criminal activity and refused to conduct any investigations. The response failed to include any mention of the illegal wells. Could it be because many of the terrorists are his friends and Los Osos is just a basket of cherries waiting for his friends to pick? To date our local District Attorney does not believe that these heinous acts are a cause for investigation, let alone punishment. The same evidence was later presented to the SLO Grand Jury. Unfortunately, it had not been realized that the Grand Jury has no criminal powers unless and until either the D.A. or the County Board of Supervisors makes a specific request. Sadly, the SLO Grand Jury is more of a résumé enhancement and coffee club with little or no power to affect anything the County authorities want left undisturbed. Instead of issuing a report based on law and evidence they said they saw no evidence of fraud regarding the election. They also deliberately avoided making any comments on the illegal groundwater monitoring wells. Of course the LOCSD trumpeted the Grand Jury findings as another validation of their fraudulent project. They heralded it at public meetings and the Pandora Nash-Karner Terrorist PR machine sent contrived editorials to their stooges at the Telegram-Tribune who eagerly printed them. WATER EXPERTS TESTIFY REGARDING THE ILLEGAL GROUNDWATER MONITORING WELLS AND THE DELIBERATE IGNORING OF PROPOSITION 218 REGARDING THE ILLEGAL JUNE 2001 ASSESSMENT DISTRICT VOTE. In preparation for a federal legal action against the LOCSD in 2000-2001, two world-class experts, Wade Brimm (Link) and Glenn Stillman (Link), gave their affidavits regarding the illegal wells and the alleged pollution of Los Osos water. Please read their official federal Affidavits. In addition, Brimm personally checked all of the illegal wells and sent an independent report (Link report) regarding their state and conditions to the RWQCB and the LOCSD in 1999. Both agencies deliberately ignored the report. In an October 05, 2001 report, Brimm also addressed previous incorrect statements made by the LOCSD regarding Proposition 218 that centered around the illegal June 2001 Assessment District vote. These too were deliberately ignored by the LOCSD. CONCLUSIONThe Sentinel has exposed the deliberate criminal actions and intent of the terrorists regarding the use for more than 20 years of 11 illegal monitoring wells to collect specious data used to deceive the community of Los Osos. The Sentinel has revealed evidence of the deliberate refusal of the SLO D.A. to investigate these illegal wells and election fraud, thereby ignoring his duty and oath to the community while contributing to the on-going endangerment of the health and safety of all Los Osos residents and the probable continued pollution of our groundwater caused by these illegal wells. The refusal of the D.A. to investigate the deliberate deprivation by the LOCSD and the RWQCB terrorists of the facts necessary for voters to make informed, intelligent decisions regarding the illegal June 2001 vote is another reason why every resident of Los Osos needs to take the Action proposed by The Sentinel that will finally end the 30-Year Reign of Terror and bring all those responsible before the Bar of Justice to answer for their alleged crimes. The deliberate, flagrant Civil Rights violations committed by the terrorists against every resident of Los Osos is so heinous and sinister in act and so devastating in scope that to continue to ignore and allow the terrorists to move forward would be a greater crime than any other committed to date. |
