ATaylor wrote: ↑
August 8th, 2019, 7:32 pm
D@vid Bu3ker wrote: ↑
August 8th, 2019, 6:08 pm
Alan cannot resist more baseless, empty digs. What did the regulators do to Steph Curry to make you so angry?
Nah it is a never ending grudge against some faceless bureaucrat who said no when his boss wanted yes and it killed his bonus.
My apologies for not living up to the standards of the board by responding with personal attacks.
Now, more fun with Water Board settlements! For anyone interested in reading through these entertaining documents, you can find them here. Select "Administrative civil liability order" in the Order Type menu:
https://www.waterboards.ca.gov/northcoa ... ed_orders/
I've read through a bunch more, most are as previously described, fairly minor fines of mainly city and county works or waste treatment facilities. I haven't found any other vineyard actions, but I did find one other winery settlement! A Kendall Jackson action for discharge of 300 gallons of a potassium permanganate solution into a creek in Windsor. Fined $7500.
Here's the next largest fine I could find, imposed on Caltrans ($2M)
"The Settling Respondent is alleged to have violated provisions of the 401
Certification and the Construction General Permit. Specifically, Violation #1 alleges the
unauthorized discharge of storm water runoff from the Project during three storm events
occurring in 2014: February 5 through 10, February 12 to 19, and March 25 to April 4.
In total, Caltrans estimated approximately 3,443,280 million gallons of project area
storm water entered Haehl Creek between water quality monitoring stations WQ-01 and
WQ-03. Violation #2 alleges that the sediment basins were not designed in accordance
with the CASQA Construction BMP Guidance Handbook pursuant to the 401
Certification and Caltrans did not submit a proposal for a non-standard BMP to the
Regional Water Board prior to implementation pursuant to the CGP. A total of 37 days
was calculated for the time period of this violation, starting from November 1,2013
through December 7, 2013. Violation #3 alleges that Caltrans inadequately employed
erosion control BMPs prior to the storm events occurring in 2014 from February 5
through 10, February 12 to 19, and March 25 to April 4. The Regional Water Board is
authorized to impose administrative civil liability for these violations pursuant to Water
Code section 13385, subdivisions (a)(2) and (a)(4).
6. The liability amount was determined using a factors analysis consistent with
Water Code section 13385 and the State Water Resources Control Board Water Quality
Enforcement Policy (May 2010)( Enforcement Policy ). The Prosecution Staff
considered the methodology set forth in the Enforcement Policy and calculated a liability
of $2,383,075 as detailed in Attachment A. Attachment A is attached hereto and
incorporated by reference as though fully set forth herein.
8. the Parties
have agreed to the imposition of $1,999,999 in liability. This liability amount is less than
the liability amount of $2,383,075 calculated by Prosecution Staff using the Enforcement
Policy as shown in Attachment A."
It warms my heart to know that one state agency is paying another state agency. Your tax dollars hard at work.
Here's a large fine imposed on a major industrial facility:
"Evergreen owns and operates the Samoa Pulp Mill, which is regulated by
Waste Discharge Requirements Order No. R1-2004-0047, NPDES Permit No.
CA0005894. The pulp mill is located at 1 TCF Drive on the north spit of
Humboldt Bay near the community of Samoa.
2. The Samoa Pulp Mill has the capacity to produce an average of 700 tons per
day of bleached or unbleached Kraft market pulp. The mill is permitted to
discharge a monthly average of up to 20 million gallons per day of wastewater
through a submerged multi-port diffuser, with a dilution ratio of 115:1, located
8,200 feet offshore in the Pacific Ocean at a depth of 82 feet. The mill does not
have wastewater treatment facilities and relies on process control and best
management practices to meet the terms of the waste discharge requirements.
Effluent from the mill consists of process wastewater from the Kraft pulping
process, wastewater from maintenance activities, solids from the raw water
treatment plant, blowdown from the recovery boiler, storm water, and
freshwater flows to maintain the outfall during periods of pulp mill shutdown.
3. On January 27, 2009, the Assistant Executive Officer of the Regional Water
Board issued the Complaint which proposed to assess an administrative civil
liability of $453,000 against Evergreen for violations of effluent limitations
contained in Regional Water Board Waste Discharge Requirements Order No.
R1-2004-0047. The violations detailed in Table 1 of the Complaint occurred
during the period of January 1, 2008 through December 31, 2008, and are
subject to mandatory minimum penalties and civil liability provisions outlined in
California Water Code section 13385, subsection (c), (e), (h) and (i).
This is a major industrial facility, with major pollution violations. Yet their fine is an order of magnitude less than the fine imposed on Rhys. A quick search on "Somoa pulp mill" turns up some useful results:
https://www.times-standard.com/2018/07/ ... it-caused/
"The company deemed responsible for nearly causing an environmental catastrophe on Humboldt Bay and the Samoa Peninsula may be walking away while public agencies pick up a more than $16 million price tag for the cleanup"
https://www.northcoastjournal.com/NewsB ... ially-dead
"Somoa pulp mill officially dead"
And this fun one, unrelated to the topic at hand, but a kick to read through the comments:
https://kymkemp.com/2019/01/10/possible ... om-eureka/
"POSSIBLE HASH LAB LOCATED NEAR OLD PULP MILL ACROSS FROM EUREKA"
And look! An action against a marijuana grower! (for those keeping score, that's one (1) action over the past 20 years, in 2002, though the violation occurred in 2000). For oil and diesel contamination:
"The OES report was filed following the discovery of diesel contamination
and other potential contaminants at the Site by the Humboldt County Sheriff’s Office
and the Drug Enforcement Agency during an enforcement action on a marijuana
growing operation. Soil samples collected at the Site by HCDEH revealed the
detection of Total Petroleum Hydrocarbons as grease and oil at 14,000 ug/g (ppm)
and TPH Diesel at 30,000 ppm."
A description of the potential fine:
" the Discharger has failed to submit the report required under
CWC Section 13267(b). As of January 14, 2002, the Discharger has been in violation of
Section 13267(b) of the CWC for 259 days. This yields a maximum civil liability of
But of course that's not what's imposed:
"The Executive Officer of the Regional Water Board hereby proposes that Brian Craig be
assessed an Administrative Civil Liability in the amount of Thirty Thousand Dollars
($30,000.00). Of that amount, fifteen thousand dollars ($15,000.00) is due and payable by
February 15, 2002. The remaining fifteen thousand dollars ($15,000.00) is suspended
contingent upon submission of an adequate report of workplan implementation by
February 4, 2002."
To avoid my obvious bias influencing the reader, I'll let you draw your own conclusions on how Rhys was treated relative to these other infractions. Remember that the vast majority of settlements are in the thousands, sometimes tens of thousands.