Friday, 11 February 2011 05:17

Supervisors discuss state encroachment on local enforcement

slide3-supervisors_discuss_state_encroachment_on_local_enforcement.pngAmador County – Supervisors on Tuesday discussed the recent Mother Lode Tea Party meeting held last weekend, including addressing interpretation of existing rules.

Leroy Carlin, a former county planning commissioner, initiated the discussion during matters not on the agenda, saying he had seen a couple of supervisors there. He said he learned that “they now declare milk as a hazardous waste.” Supervisor Brian Oneto said: “Tell that to my dog.”

Carlin criticized the county “building luxury things for entertainment” through Proposition 40 recreation funding, saying he would “liken it to the orchestra playing during the sinking of the Titanic.”

Oneto said a “20 percent increase in staff” at the Air Resources Board seemed to indicate the board was preparing to come after businesses over air quality code violations, “while people are trying to survive.”

Supervisor Richard Forster said he went to the Tea Party presentation to hear about changes with the 1602 permit process, and how Fish & Game has been enforcing law in Siskiyou County, on the Oregon border. Forster said Siskiyou is “the poster child” for new “strong arm tactics,” because “Fish & Game needs revenue” and this is their new process.”

Forster said the 1602 water discharge permit is a good law and has been around for a long time. It protects streams from impacts such as bulldozer work. He said “Fish & Game has reinterpreted it” and when a man in Siskiyou County was weed-whacking berry bushes beside a stream, he was “fined $20,000 for impacting the stream.” Forster said the Regional Council of Rural Counties is engaged in analyzing counties that are engaged in this tactic.

Supervisor Louis Boitano said there are other sides to the issue that are relevant, but not always published. But Boitano said “I cannot disagree with you about the Air Resources Board” and its bureaucracy level.

Oneto likened it to when the “king sends forth his legions of minions.” He said large corporations can adjust to the changes, but “when you add up all the impacts on small businesses, they cannot do it.”

Supervisor Chairman John Plasse said it is the state getting involved in local-level enforcement. Plasse gave an example, saying that since September 2010, the Central Sierra Regional Water Quality Control Board has made three surprise inspections on a business in Plymouth.

He said they never contacted the owner, including once finishing a surprise inspection before accepting the owner’s contact information. Plasse said the Regional Water Quality Board has “now slapped them with a storm water discharge permit requirement” that would cost $1,000 a year and would probably put them out of business.

Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.