May 06, 2006
Rex Maugham's Forever Resorts illegal landfill exposed to EPA!
May 6, 2006
To: California Environmental Protection Agency
From: Oscar A. Braun, Executive Director, CWP
Subject: Online Cal/EPA Environmental Complaint Form
I, Oscar A. Braun, Executive Director of the California Watershed Posse CWP www.cwposse.org , do hereby declare under penalty of perjury that the following is true and correct to the best of my knowledge:
In the Summer of 2000, the California Watershed Posse acquired a mobile home #95 at
In this complaint, the CWP alleges ongoing violations of the Clean Water Act, the California Water Code, the California Health & Safety Code, and the California Fish & Game Code. The easiest violation for the CWP to prove is PCRAMG & PCM ongoing refusal to apply for a Stormwater Permits, as required by the Clean Water Act, 33 U.S.C. section1311(a), which provides that, unless authorized pursuant to a National Pollution Discharge Elimination System (NPDES) Permmit, the "discharge of any pollutant by any person shall be unlawful." On April 15, 1997, Chief Judge Henderson held that section17200 liability can be predicated on a violation of the Clean Water Act. Citizens for a Better Environment v. Union Oil Company of
The term "landfill" is defined by Health and Safety Code sec39663 to mean a solid waste landfill, which is defined by Public Resources Code sec401955(a) as a disposal facility that accepts solid waste for land disposal. The term solid waste disposal site is defined by Health and Safety Code sec39663 to mean a place, location, tract of land, area or premises in use, or which has been used, for the landfill disposal of solid waste, as defined in Section 66719 of the Government Code. "Solid waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.
Accordingly, CWP contends that the PCRAMG and PCM, as owners and operators of an active/inactive landfill located on the federal estate at
On the morning of April 21, 2006, I traveled with CWP counsel, Frank A. Iwama, and consultant, Hank Howard, retired former Fire Chief of the City of
Upon arriving at the front security gate at Pleasure Cove Marina at approximately 10:50 AM and identifying myself and the purpose of my court ordered meet and confer meeting at my mobile home located at permittee site #96, I was informed by the concessionaire’s gate keeper that a mud slide made the roadway impassible to my mobile home unit. The gate keeper recommended that I meet the Resort manger, Terry Sparkman, at the store and restaurant area, located near the midpoint of the access road to my mobile home unit.
After driving on the access road toward my mobile home unit, I noticed fresh tractor marks and evidence of recent road work, which enabled me to drive slowly through mud and water to reach my mobile home at permitte site #96, the predetermined location of the meet and confer meeting. My mobile home units (permittee sites #95 and #96) are located slightly less than two miles from the front security gate, on a narrow, winding, uneven road, near paved and unpaved portions of the access road at the far north end of Pleasure Cove Marina. Permittee site #96 is located around the corner from a sharp unpaved U-turn bend at the end of the access road. There are approximately 15 oversized speed bumps between the front security gate and my permittee sites.
At approximately 11:00 AM, the meet and confer meeting convened at my mobile home at permitee site #96. Besides the parties and counsel, and my consultant, Hank Howard, BOR representatives included Cleve Duffer, BOR Concessions Manger at
During the walking tour of the access road, I observed identified BOR personnel operating tractor equipment to move mud slide and dirt and debris material from the roadway and dumping directly into