Continuing Violations of the Clean Water Act and Endangered Species Act by POST

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 California Watershed 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 California 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, California 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 California 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