NEWSLETTER ADDENDUM – SHOW TIME

Devil is in the Details – Monday March 13 Oil Train HEARING
information from

Charles (Surfrider), Ethan (Stand), Mary  (ECOSLO), Valerie (Ctr Bio Diversity), Andrew (Sierra Club)

Ph 805.459.6698

A week from yesterday, March 13,  Monday The SLO County Supervisors will begin hearings on the Phillips 66 crude oil train terminal project.  Also, at high noon in the County Plaza across from the hearings (1000 block of Monterrey St) we will have a huge “SLO Clean Energy Crossroads Rally” to not only encourage denial of the Phillips 66 project but to also assert our support for clean energy alternatives to dirty fossil and nuclear fuels.  We have cancelled our plans to have a permitted march due to logistical and cost requirements imposed by SLO City (freedom of assembly is not free in SLO).  The Rally will be permitted.

 
We want more speakers at the hearing  You will also have the option of choosing a one minute, two minute, or three minute speaking length–with one minute speakers going first, two minute speakers going second, and three minute speakers going last.  You can track the progress of speaker numbers on line at the Board of Supervisors webpage if you so desire.  It only takes a minute to state your name, where you live and tell your Supervisor you want them to deny the project because (fill in here your top concern).  We especially need people living in Lynn Compton’s or Debbie Arnold’s Districts to give them this message.  
 
The 12 noon rally will feature keynote speakers SLO Mayor Heidi Harmon and our Congressman Salud Carbajal, along with local activists working with issues of offshore oil and gas development, community based clean energy, expanded oil drilling and contaminated groundwater, and the Phillips 66 project.  And most important, this is a time to stand in solidarity for our support of the transition to a new clean energy economy and a healing of the atmosphere, starting right here, right now. 
 
We need volunteers to help with set-up/takedown of the rally, staffing information tables, providing traffic control if needed, and to participate in the San Jose oil train street theater (no experience necessary), clean up during and after rally, etc.
 
 
 
Below are outreach and posting resources you can use to disseminate word of March 13 to your contacts.  PLEASE HELP US
Charles (Surfrider), Ethan (Stand), Mary  (ECOSLO), Valerie (Ctr Bio Diversity), Andrew (Sierra Club)
Lot on our plates. Thank you to all who took the time to To help Hua, please visit our fundraiser here.and to sign and share the Petition. We are making a difference.

Signers are from one end of the State to the other.  Keep it up. Our voice gets louder and louder with every signature.
Tomorrow
 
WEDNESDAY Global DAY WITHOUT A WOMAN MARCH
10-2 Start @ Meadow Park
March downtown to Mission

International Women’s Day (IWD), originally called International Working Women’s Day, is celebrated on March 8 every year.[2] It commemorates the struggle for women’s rights.

The earliest Women’s Day observance was held on February 28, 1909, in New York and organized by the Socialist Party of America.[3] A Women’s Day demonstration on March 8, 1917 in Petrograd sparked the Russian Revolution.[4]


Whoaa.
So, if you can’t make the march make your absence felt by not spending any money (except perhaps @ local woman owned business)   And if you must work wear RED in solidarity with women everywhere.

jeannewater@gmail.com

It only seems impossible until its done. Nelson Mandela.
“Respect is love in action.”
— Bangambiki Habyarimana
 
 

Newsletter #63- Good Job

5 things
#1
Peschong recused himself on the consent item on setting the hearing; he has promised to recuse on the Phillips 66 decision also. So, now there will be 4 Supervisors, chaired by Adam Hill, and it would take three votes to reverse the Planning Commission denial.

Government Code Title 3. Division 2. part 2. Chapter 1. Article 1  (OMG this took some work.  thank you C.H.!)
§ 25005. Transaction of business
A majority of the members of the board constitute a quorum for the transaction of business. No act of the board shall be valid or binding unless a majority of all the members concur therein.


That means if there is a 2-2 split there is no majority and reversing the planning commission’s denial of the project is denied.

Phillips has appealed the Planning commissions decision to the Board of Supervisors. They didn’t like being told NO.  No surprise they are looking to show just cause why the decision was in error and should be reversed.  They are on the defense.  This is a good thing.

The planning commission did everything right. They took all the hundreds of public comments, emails, data, reports, peer reviews,  government studies, letters signed by the National Teachers Association, Health and Safety professionals, Environmental organizations, official letters from peer community leaders from across the State and United States and voted to deny the permit.  We did a damn good job of presenting our case to the planning commission and the planning commission did a damn good job of acting on those facts and information presented to them.  We won.  Phillips lost.

I am just mentioning this because a new round of hearings are due to begin because of the appeal.  I don’t know that there is much more that we could say. Nothing has really changed. The oil trains and their impact on communities is still as unforgiving and counter productive as it was 6 months ago.

The  planning commission was relegated the task by the Board, using county resources, staff, counsel and tax dollars, to come to an informed decision and the decision was to deny.  I do not know how the Board could in good conscience doubt the integrity of the staff and the commissioners but then again decisions are not always made in good conscience and common sense as the criteria. Facts don’t lie.  So a call to action to attend the appeal hearings is in order.

Let us not forget. We have the upper hand here. We are in the position of power.  We do not have to defend or make our case all over again.  It is Phillips that is in the hot seat. They have the burden of proof on their shoulders. So let’s make sure the Board is well aware of all the indisputable facts and evidence and actions and bring this to the table and lay it all out so we know exactly what Phillips has to prove to overturn the Planning commissions decision.

And the way we do that is  insist the Board indicates for the record  all the correspondence, public comments, attendance records, official data, reports, peer reviews, emails, etc. already submitted and part of the record is duly noted and entered into the record on day one. This should be something that staff can access without too much trouble. They have a record. They tallied everything. It was part of their job. So asking for that record to be brought forward and enter it as part of this proceeding is a must. This is a fair official request and deserving of an official response from the Chair from the get go.

Call the Board of Supervisors

San Luis Obispo Board-Sprvsrs
Contact the Chair – Adam Hill- Adam Hill ahill@co.slo.ca.us  Hannah Miller  hmiller@co.slo.ca.us 805-781-4336 prior to the hearing date and request a tally of all the communications, data, reports, organizations, letters, meetings, studies, peer reviews, public comments be available to the public and entered into the appeal hearing record. Lets get all the cards on the table.
Cool thing is this request becomes part of the record too. So get those numbers soaring.

We have a right to be acknowledged and recognized and everything that is part of the record needs to be upfront and on the table before Phillips puts their case on the table.  Wait for an answer. Wait for the acknowledgement. Get the record on the table.
It needs to be perfectly clear exactly what Phillips needs to disprove and overcome in order to overturn the planning commissions decision.  Remember folks we won. Lets act like it.

#2

Segue…..wait for it…   Phillips is just a precursor to what is in the works with Sentinel and the illegal and unlawful permitting of uncertified operators and operations at the Arroyo Grande Oil Field. The Arroyo Grande Oil field has never been UIC certified by DOGGR.  That means every permit granted to the oil fields since 2002 giving them permission to use the unincorporated areas of San Luis Obispo county as a toxic waste disposal site was in violation of the Safe Drinking Water Act.  There are plenty more violations where that came from but all we need is one to prosecute and that is a good one.
Board is waiting and so is Sentinel for the EPA to exempt the aquifer so they can then ‘legally’ give them a permit to build 450 new illegal wells.  Well that’s not the way it is going down this time.

According to DOGGR the Arroyo Grande Oil Field was to be shut down on Feb 15, 2017.  The Board should have revoked the current permit and dismissed the pending one on that order alone. But they didn’t and that is not looking good for them.

There is nothing legal about the Arroyo Grande Oil Field operation.  Even if the EPA exempts the aquifer the Board is still liable for knowingly permitting illegal and criminal activity for 15 years.  It’s simple. Not certified. No permit.

Maybe the Board didn’t think anyone would notice or maybe they didn’t care, either way this oil field is in violation of the Safe Drinking Water Act and this Board has a lot of explaining to do.

The pending lawsuit filed against the Board by the Center for Biological Diversity for permitting an uncertified, unlicensed oil drilling operation is scheduled for May 11.  The Board could avoid all this if they just did their job and revoked the permits and shut the uncertified wells down NOW.  We will see if they have the courage and wherewithall to do the right thing.  We got everything we need though to make sure the right thing happens sooner or later.
#3

MARCH 8  International Women’s Day.

DAY WITHOUT A WOMAN STRIKE.   I’m wearing RED to work.   And here is the Central Coast contact info.

#4

More irons in the fire.
And as promised here is the petition to the State Attorney General calling on the Chief law enforcement officer of the State to SHUT DOWN THE WELLS.  I am calling it a Prescription for Wellness. Clinging to the notion that “there is NO HARM in asking.” It can’t hurt to ask the Chief Law Enforcement Officer for help and it could do a world of good.

Will hand deliver it to the Attorney General’s office and our County Board of Supervisors.  This effects every drop of water in California because every aquifer, stream, river above and below ground is connected.  What happens in our backyard effects water everywhere. There are 105,000 unregulated wells in California up and down the  State. I say unregulated because they are self regulated and over 6,000 of them have not been certified  safe.  That has the potential of affecting water sources for millions of people.

All the wells were suppose to be shut down on Feb. 15.  So, it would behoove us all to get this petition to go viral. The more signatures there are the louder our voices get.  We will hand deliver the final result to the AG and BOS.  Road trip anyone?  Counting on all you wonderful people that are working your little hoofies to the quick to keep our home sweet home safe and sound to get this petition signed with a record amount of signatures in short order. I know we can do it.

#5
Thanking you all in advance for your kindness and generous spirit.  Thank you.

The Story

For those who have had the pleasure of meeting and being in Ceremony with Hua Anwa, you know her to be an authentic, capable, independent and knowledgeable woman, and a dedicated wisdomkeeper and ceremonialist.

In a most humble way, Hua is needing to raise funds to help with some immediate healthcare and automotive needs.  While reaching out in this way is a huge step outside Hua’s comfort zone, our generous and timely support will mean the world to her and will allow her to look after these personal needs and continue preparations for a very busy and exciting year of Ceremony in 2017!

Clan Mother Hua is a Elder, a teacher of mixed Mayan and Cherokee descent and an adopted Chumash.  She conducts a variety of Sacred Ceremonies, workshops and other Teachings and is spiritual leader of the Circles of Empowerment Church in Central California.

In traditional cultures, taking good care of our Wisdomkeepers is a very sacred responsibility. By supporting Clan Mother Hua with her Sacred Request, indirectly, we will also be helping to support our thriving spiritual Community in a very Good Way.

Blessings
–A Loving Community Member

To help Hua, please visit our fundraiser here.

And lastly,

Inline image 2

Jim Cole planted a forest of everlasting love.  Seeds of wisdom and knowledge and acts of kindness he graciously and generously shared will grow in loving memory and gratitude.  Thank you Jim Cole.

His spirit of unselfishly giving his time and attention to build a better, more sustainable world will live on in those that knew and loved him. A memorial service will be held at 1:30 pm, Sunday, March 19, 2017, at Pavilion on the Lake in Atascadero. In lieu of flowers, donations can be made in honor of Jim at One Cool Earth (onecoolearth.org/join-us). Sign his guestbook   – See more at: http://www.legacy.com/obituaries/sanluisobispo/obituary.aspx?n=willard-james-cole-jim&pid=184256091#sthash.Qm961YX3.dpuf

Much love,
It only seems impossible until its done. Nelson Mandela.
“Respect is love in action.”
— Bangambiki Habyarimana
 
 
 
 

SLOCW newsletter #62 -What the World Needs Now is Love Sweet Love

7

 

Happy Valentines All you Lovers

Been kind of holding off waiting for all the dust to settle before updating on where everything stands.  Well, forget that. It looks like this dust storm is here to stay for awhile and the new normal is learning how to brace ourselves for constant incoming gusts and blasts of bits and pieces of everything that isn’t nailed down and some of that too.
I think it is fair to say we have all been experiencing some degree of shell shock from all the incoming events over the last several months. And also fair to say that there is every indication we are alive and well and better than ever, Women’s march, BOS meeting standing room only Chumash Marine sanctuary.   We are in a new thriving on surviving mode.

That said here’s what we know

Our Board of Supervisors on Jan 10 decided to side on the side of partisan politics and elected a freshman new comer, Mr. Peschong District 1 to the office of Chair to the Board of Supervisors.   If there was any doubt about how this Board intended to conduct the business of the county this vote made it crystal clear. It will be strictly along party lines. The first official act by the Board seemed more akin to a hostile take over than a meeting of the hearts and minds of the community at large. There are a lot of ways to look at this. For me it just looks like Peschong, Compton and Arnold are being held hostage more so than Hill and Gibson and have a little Stockholm Syndrome thing going on.
Our basic fundamental Constitutional right to a safe, clean environment free from the fear and constant threats of accidents, spills, explosions, contamination and unmitigable risks to our air, water and soil might be in conflict with some Board members whose sense of party loyalty out weighs their sense of loyalty to a democratic republic.
A trumped up Board of Supervisors will grease the wheels for Phillips 66, court the oil baron’s new mistress, Sentinel and part the waves for offshore drilling.   Their menu will turn this community into a pate de fois gras for their captors with us as the goose being forced fed things that are going to kill us.

We are not going to let that happen.

First what about the Oil trains issue ?

This from Eric Greening:

“A few days ago, I reported that a consent item on next Tuesday’s Supervisors calendar schedules the Phillips 66 appeal hearing for the entire week (if needed) of March 13th to 17thNow there is correspondence from Jocelyn Thompson of Alston and Bird, representing the applicants, requesting a delay from this plan.  Their first choice is that the hearing not be scheduled until the Phillips 66 litigation seeking a remand to the Planning Commission is ruled on.  Failing that, they ask that the appeal hearing be no sooner than mid-April. 

This request raises an interesting test for the newest supervisor.  When campaigning, John Peschong freely disclosed his considerable conflict of interest with Phillips 66 and promised to recuse himself from the appeal hearing.  It would seem that, in keeping with that promise, he should also recuse from acting on the consent item that deals with the applicant’s request relative to the setting of that hearing.  I (Eric Greening) intend to raise that issue during public comment on the Consent Agenda, and we’ll see how he responds.  If he does recuse, there is, of course, the possibility of a 2-2 split on the Board on the scheduling of this hearing.  If he doesn’t, there is a question of the legitimacy of the vote, especially if it is a split vote with Peschong’s vote decisive.  So it is setting up to be a very interesting morning!!! “

Eric

Phillips 66 lawsuit

I think we have a right to know if Peschong is going to recuse himself and if it is a 2-2 vote who cast the deciding vote?  What is the protocol? If there isn’t one we need to come up with a solution before it becomes an issue. If there is one we need to know what it is.
We need to know now. Questions can be asked in any public comment session and ask the Chair to respond in kind. Just ask.  Are you going to recuse yourself on the Phillips 66 appeal?  Keep asking till you get an answer. One person can ask the same question for 3 minutes. Or ask the question and wait 3 minutes for an answer. 10 or 100 people can ask it.  We are entitled to an answer.

Or email Mr. Preschong and your district rep and ask them what the protocol is for breaking a tie if the chair has recused himself.  And what if he doesn’t recuse himself . What then? Request your email be entered into the public record and then ask them in public comment how many emails the Board received on the issue.

Call the Board and leave a comment or a question at 805-781-5450 or 1-800-834-4636 weekdays from 8:00 a.m. to 5:00 p.m. Listed below are the email addresses for the Supervisors. Mailing address is 1055 Monterey St. Room D430, San Luis Obispo, CA 93401. Do something today. Call, email, public comment. Something.

http://www.slocounty.ca.gov/bos/BOSContactUs.htm

Bird dog them until they answer.  Notify

and keep the press abreast of what is in the works so they can follow it and report it. They love numbers. 600 people have emailed, phoned and asked the BOS about Peschong and the Phillips 66 issue.  You get the idea.  We need an accounting of every contact, phone, email, public comment made for the record to show we are trying to get an answer to very important questions and what the results are. Make posters Peschong Recuse yourself and rally during the BOS meeting.
 No response speaks volumes. Everything we say and do must become part of the public record. We are making a case for ourselves. Everything they say and don’t do can and will be held against them in a court of law.  Being a citizen is not a spectator sport. We are players and game on.

SAVE THE DATE
P66 HEARINGS to begin on MARCH 13th

SLO County has announced that the Board of Supervisors will begin their public hearings of the Phillips 66 appeal of the Planning Commission’s recommended denial of the crude oil train terminal project March 13 at 9:00 AM –and continue for the next four days if needed. We will be there.

Go to Mesa Refinery Watch Group  for more info

What’s up with the Arroyo Grande Aquifer exemption?

DOGGR has defaulted on another deadline. Feb. 15, 2017 was the deadline for bringing all the 105,000 (total wells currently in operation) wells in California into compliance with the Federal Safe Drinking Water Act .

The state of California was relegated primary responsibility for implementing the Class II oil and gas underground injection control CFR sec 144 (UIC) program of the Federal Safe Drinking Water Act (SDWA) in 1983. That program has never been implemented.  As a part of its oversight role, EPA audited the California Department of Conservation, Division of Oil, Gas and Geothermal Resources’ (DOGGR) Class II UIC primacy program 28 years later in 2011 and identified substantial implementation deficiencies.

Translation. No UIC program in place and supervision, monitoring, reporting, data on injection wells and site operations was self regulated by operators.  Translation: Illegal, unlawful injection of toxic waste into the subterranean soil, toxic releases into the air has been going on for 33 years.

The condition precedent to getting a 2 year extension which in realty is really a 33 year extension on the reviewing and exemption and implementation process the state agreed to complete that review and file for the necessary exemptions with the EPA by the drop dead date of February 15, 2017 or the wells would be shut down. Well, the State has already said they are defaulting. Time to take a stand. The wells must be shut down now. What is the purpose of a deadline if it is never enforced?

And just to make an already intolerable situation unbearable Trumpland Uber Alles is in the process of dismantling the EPA.

This is crazy talk. We need the EPA and anyone that doesn’t understand that or maybe he does and that is why he is dismantling it. Yup crazy. We do not have to live with crazy.

So what to do when everything is up in the air?  33 years is a ridiculously long time to wait for implementation of health and safety standards imperative to our health and well being.

And now that there is no EPA to implement exemptions I think it is safe to say there are no exemptions to implement. But all that is going to be in the next newsletter. Along with a petition to the State Attorney General, Chief Law Enforcment Officer, calling for a shut down of the wells that have escaped certification and licensing by DOGGR and the EPA for 33 years because we can’t live with all the uncertainty and risks to our safety and health.

The Attorney General has independent authority, acting directly in the name of the People, “to take action to protect the natural resources of the State of California from pollution, impairment, or destruction.”

We are asking the Attorney General to enforce the Feb. 15 deadline and shut down all the wells and well sites as promised.

We will circulate a petition for 2 weeks, get a million signatures and then hand deliver them to our new Attorney General. Road trip.

We need some fire power and think the AG is just the person to deliver it.

And we can get a tailgate party going at the same time. Call the Attorney General. (213) 897-2000

Call and say we want the wells shut down as promised. Tell him we live in an area where an unlicensed operator is injecting

1.5million gallons a day of toxic wastewater into the unincorporated areas that share their water with vineyards and family residences.  How can we feel safe or be safe when there are no safety standards in place?

Really need the operators to stop doing what they are doing until they get certified and licensed.  Tell him how you feel.  If you are really scared that our water could be compromised with this illegal, unlawful activity going on in our backyard, tell him.

This illegal operations @ the Prince Canyon Arroyo Grande Oil Fields has been going on for over 10 years and they are asking to increase their activity by 300% and continue to operate without any certification or licensing.  Never designated a toxic waste disposal site.  Tell him we were counting on the EPA and DOGGR to keep their word and shut down wells and sties they cannot certify as safe.

We know DOGGR and the EPA have been sabotaged by political forces making their job all but impossible.   But we really cannot bear the burden of the uncertainty of the safety of the water we drink the air we breathe or the food we eat . So please on our behalf shut the wells down. Thank you.

Here is a good wrap up

California Regulators Allow Oil Companies to Continue Injecting Wastewater Into More Than 1,600 Wells in Protected Aquifers.

Whose a Trump-et on the BOS?

Do just ONE thing every day. Something. Anything. A call. An email. A rally. A march. Share the plan to call, email, rally, march with just one person every day.

And now the best for last

SNEAK PREVIEW OF “WHERE THERE ONCE WAS WATER”  link to purchase tickets.

WHERE THERE ONCE WAS WATER: A California Story
California Water: where are we, where are we headed, and how can we craft an equitable water future for all life? Join the conversation with local photographer and filmmaker Brittany App, when she shares a 15-minute sneak-preview of this feature-length film, currently in production. SLO Film Festival entry.

Wednesday, March 15 – 7:00pm
Octagon Barn, 4400 Octagon Way (off S. Higuera) SLO
$25 general / $15 Students & Film Society

Yea Brittany.

LOVE YOU ALL THIS MUCH XOXO

me-morro-rock

Jean’ne

jeannewater@gmail.com

SLO Clean Water.org
SLO Clean Water on FaceBook

It only seems impossible until its done. Nelson Mandela.

“Respect is love in action.”

— Bangambiki Habyarimana

What are we waiting for? EPA confirms: Fracking contaminates the water.

CONFIRMED BY EPA: FRACKING THREATENS DRINKING WATER.

Just to be clear. Let’s define Fracking.  Fracking is ANY injection of toxic waste by products into the subterranean soil.

This definition provided  by the inventor of fracking,  Halliburton. They hold exclusive rights as the original owner and inventor and bears the U.S. seal of approval.

Unearthed articles from the 1960s detail how nuclear waste was buried beneath the Earth’s surface by Halliburton & Co. for decades as a means of disposing the by-products of post-World War II atomic energy production. This process dubbed fracking is Halliburton’s claim to fame. http://www.wakingtimes.com/2015/03/05/fracking-used-to-inject-nuclear-waste-underground-for-decades/

It is a trademark process allowing U.S. industries to inject slurries of toxic, carcinogenic, lethal, hazardous, deadly, compounds deep beneath the planet’s surface — as a means of “see no evil” waste disposal.

EPA exemption for Arroyo Grande Aquifer does not permit the disposal of toxic waste into our backyard.  Exemptions are not an approval process. They are an identity process only. Sentinel still has to get permission from the people of San Luis Obispo to dispose of that toxic waste in the unincorporated areas of SLO County. We can still refuse to permit exempt companies from dumping their waste in our aquifer for no other reason than because we can. It is our right to first refusal.

There is no escaping the fact that Halliburton invented this process, or doubt of what the intent and purpose of fracking is.  The facts are documented.  Toxic Waste disposal by lethal injection.

The Federal government with full knowledge partnered up with Halliburton and made fracking an official toxic waste disposal method with the clear intent of covering up the disposal of known to cause cancer  chemicals and other chronic illness causing chemicals.

And instead of protecting the public from hazardous waste the official policy was that fracking, the Subterranean waste disposal, is a cornerstone of the nation’s economy, relied on by the pharmaceutical, agricultural and chemical industries. It’s also critical to a future less dependent on foreign oil: Hydraulic fracturing, “clean coal” technologies, nuclear fuel production and carbon storage (the keystone of the strategy to address climate change) all count on pushing waste into rock formations below the earth’s surface.

Official statements promising it will be safe for a million years was a bold face lie. Halliburton and the government knew toxic leaks and water contamination were inevitable and unpreventable in our lifetime. This knowledge necessitated the Halliburton Loophole and all the exemptions to all the health and safety laws this trademark process was going to violate.  The exemptions prove prior knowledge of wrongdoing and harm. The loopholes are an admission of guilt to contamination of our air, water and soil by designated, well documented offender and benefactor of the exemptions,  the fossil fuel industry.

Engineer Mario Salazar, who worked as a technical expert for 25 years with the EPA’s underground injection program in Washington, told ProPublica’s Abrahm Lustgarten:

“In 10 to 100 years we are going to find out that most of our groundwater is polluted. A lot of people are going to get sick, and a lot of people may die.”  Ten years is here and our groundwater is polluted and people are sick and dying from contaminated groundwater.

So, just to be clear.  What is going on in Price Canyon is fracking.  And, this report is confirmation that fracking contaminates the water, the air and the soil. Proves fracking does not have one single environmental or humanitarian benefit.   And no amount of exemptions or immunity will change that fact.  The fact is exemptions, Halliburton Loophole, bar us from the right to equal protection under the law and perpetuates the fraud that it is safe.

No exemption can make fracking safe. The very presence of an exemption is an admission of non compliance  to safety and health laws.  Exemptions are a  crime we do not have to live with.  Just say NO.

I am sending this EPA report and the COMPENDIUM OF SCIENTIFIC, MEDICAL, AND MEDIA FINDINGS DEMONSTRATING RISKS AND HARMS OF FRACKING (UNCONVENTIONAL GAS AND OIL EXTRACTION)
Fourth Edition November 17, 2016 to our Board of Supervisors which proves beyond a reasonable doubt that Fracking is a clear and present danger to our safety, health and well-being calling for the Board to immediately revoke the pending permit to expand fracking in Price Canyon and order an emergency cease and desist of the toxic waste disposal in our backyard.  I invite everyone to do the same.

With this information in their possession the Board cannot deny knowledge that fracking is a threat to our lives and livelihood.  These reports are conclusive and substantive. There is nothing the oil industry can say or do, short of compliance with the law, that is going to change the fact it is unsafe and we don’t want it.  With this information there is absolutely no reason for any more delays, studies, data, reports or hearings on the subject. We have everything we need to know to do what we need to do. Stop the frack attack in our backyard.

Our lives and livelihood are in danger now and the fracking must stop now.

Water is life and Fracking kills it.

This is our Standing Rock.   Demand our Board act now and revoke the permit and order an emergency cease and desist on the exempted Price Canyon toxic waste disposal site.

We have been very understanding and patient. We have been  jumping through hoops, hearings, reports, data, reviews for 5 years.  Everything we have been saying and reasons to deny Price Canyon dumping privileges  is finally confirmed.  Enough is enough.  This is it.  There is absolutely no justification or reason why we must live one more day in fear of contamination of our air and water.

Here is the Board’s contact info.

1    Frank Mecham     fmecham@co.slo.ca.u

2     Bruce Gibson      bgibson@co.slo.ca.us

3     Adam Hill       ahill@co.slo.ca.us

4     Lynn Compton      lcompton@co.slo.ca.us

5     Debbie Arnold      darnold@co.slo.ca.us

Would not hurt to contact the County Health Commission and ask them to contact the Board of Supervisors calling for a revocation of the Price Canyon permit and emergency cease and desist.
Chair and Members County Health Commission

jwhite@co.slo.ca.us

 

Same for Water Resources Advisory Committee, WRAC
Sue Luft WRAC Chairperson

pwd@co.slo.ca.us

 

Always,
Jean’ne

It is impossible until it is done. Nelson Mandela.

 

Opinion: Petitions are good. We need more than good.

Petitions are good. It shows an engaged, responsive, active, organized consensus of the people demanding change. And sometimes, not always, these efforts get results and things change.

However, petition efforts alone always run the risk of falling on deaf ears and agencies and elected officials exercising their discretionary “we don’t give a damn what you want” option.

So it is always wise to have a back up plan at the ready that works in concert with rallies, marches, petitions and can deliver a message that can’t be ignored. Our back up plan is legal notice delivered to our elected officials to do their job or else.

Here is the flaw, weakness, in asking the EPA to do their job and why it doesn’t always work. Truth be told it is not the EPA’s job to write the laws that protect and keep us and the environment safe. Their job exclusively and by law is to make rules and regulations for the industry that insure the industry is in complete compliance with the law the lawmakers write to protect us and our environment.

Lawmakers, our elected officials, write the Clean Air, Clean Water, Safe Drinking Water, Resource and Conservation Acts and tell the EPA and administrative agencies in charge of those industries to write the rules and regulations that insure the industry complies to the letter with those laws.

The problem with that of course is regulatory agencies tends to operate in a nebulous under-the-radar-Bermuda-triangle-zone. No official government appointed oversight committees keeping an eye on them 24/7 making sure they are doing their job.

That is when environmental organizations like Food and Water Watch and a host of other NGO Rise and Shine and alert the communities to nefarious activity going on in their backyards because the regulatory agencies are MIA. Hence, petitions, marches, rallies and demonstrations raising awareness.

This is good but we can do better and here is how and why.

Federal Laws and Regulations

Federal laws generally apply to people living in the United States and its territories.

Congress creates and passes bills. The President then signs those bills into law. Federal courts may review these laws and strike them down if they think they do not agree with the U.S. Constitution. The Clean Air, Water, Safe Drinking Water and Resource Conservation and Recovery Acts are in full working order. No strike downs.

Federal Regulations

Regulations are issued by federal agencies, (EPA) boards, or commissions. They explain how the agency intends to carry out a law.

The Rulemaking Process

Federal regulations are created through a process known as rulemaking.

By law, federal agencies must consult the public when creating, modifying, or deleting rules in the Code of Federal Regulations. This is an annual publication that lists the official and complete text of federal agency regulations.

Once an agency decides that a regulation needs to be added, changed, or deleted, it typically publishes a proposed rule in the Federal Register to ask the public for comments.

After the agency considers public feedback and makes changes where appropriate, it then publishes a final rule in the Federal Register with a specific date for when the rule will become effective and enforceable.

When the agency issues a final rule for comment, it must describe and respond to the public comments it received.

And there it is and that is where we come in with our marches, rallies protests and petitions objecting to their total disregard of all the health and safety laws that are suspiciously absent from their final response.

But as you can see the decision has already been made at this point and hearings are a mere symbolic gesture to satisfy the public hearing laws. Telling us what they are going to do is not the same as using the information we give them to make the changes that insure our well being.

The agency decides what is within their rulemaking power to change. In this case they are changing the rules they wrote on what is regarded as ‘safe’ radioactive levels because it is what they can do. Arbitrary rulings without scientific facts are what set the environmental groups, in this case Food and Water Watch into high alert.

Rulemarkers can make exceptions to their own rules and they do that on a regular basis. They can grant exemptions and waivers to the rules because they can
.
They can’t, however, change the law. That is written in stone by our lawmakers and our rights to Clean Air, Safe Drinking Water toxic free environment remains unchanged regardless of what the EPA is saying and doing.

Exemptions to those laws do not constitute an amendment which is the only thing that can change a law. Amending a law requires a very tedious and time consuming vetting process by a concerted effort from our elected officials.

Clean Air, Water, Safe Drinking Water et al remain fully in tact and unchanged.

So, why are we even having this discussion about the levels of toxic radioactive waste in our water? What does this petition have to do with us and our rights to clean, safe drinking water? The law is the law and nothing has changed. Right?

Well almost right but not quite. What is changing is EPA’s rules and regulations and how they are going to insure industry is in strict accordance with our laws.

Remember, legally EPA rules have nothing to do with us. We are not subject to them or do they change the law. EPA rules and regulations are strictly an internal, operational mechanism.

The problem is our local lawmakers and elected officials are under the delusion that the EPA rules are a substitute for the laws and therefore their job is to comply with EPA exemptions, rules and regulations.

They couldn’t be more wrong. And their act of dismissing and ignoring our rights under the law in support of a third party entity, the EPA, is so wrong it is illegal. And that is where our official legal action comes into play and in concert with the environmental organizations.

NGO environmental groups are on patrol 24/7 on our behalf making sure government agencies are doing their job enforcing rules and regulations on the industry that prevents harm to the public and environment.

They implement their discoveries with a call to action and lawsuits against the agencies. That’s one front.

Now our job, as residents and voters is to exercise our right under the law to insist our elected officials do their job or else. Their job is to make sure that any entity that has been issued an agency oil drilling, fracking, toxic waste injection exemption to our State and Federal laws is unequivocally and without hesitation denied permission to violate our rights by denying a permit to do so.

Permitting the preempting of our rights is precisely what an exemption is meant to do and is unlawful.

Preventing the violation of our rights from occurring is precisely what our elected officials are sworn to do and must do by denying any and all preemptive permits harboring exemptions. And in so doing are upholding their sworn duty to keep us safe and healthy.

So, while the environmental organizations are taking care of business on the environmental front with calls to action and lawsuits we are taking care of business on the home front. We elected our Board of Supervisors, city councils to keep us safe and free from harm and now its our job to make sure they are doing theirs.

The simple official act of noticing our Board of their sworn duty to uphold our rights under State and Federal laws removes any misconception or notion that they might have been entertaining that doing the right thing and keeping their promise to keep us safe was an option. It’s not.

They do their job or else the courts will do their job and find them in contempt of a court order. And you know what that means?

Their willful disobedience of a court order has consequences. Their governing powers could be suspended or revoked. The courts are not giving them the option to obey the law and do their job. It’s, do your job and do it right or else they are out of there.

So, petitions, marches, rallies in concert with legal notice to local elect officials is the better than good needed to kick this call to action into high gear where it needs to be.

As we fight against the ‪#‎Frackopoly‬, we can’t forget companies like Exxon, which spent decades concealing studies that show fossil fuels are killing the planet.

Sign the petition to demand that the Department of Justice investigate and, if necessary, prosecute ExxonMobil for its climate change cover-up:

LikeShow more reactions

Comment

Comments
Jeanne Zindorf Blackwell
Write a comment…

Newsletter #56 PG&E finally sees the light. One down two to go. Oil trains and Price Canyon Next

From ONE RALLY

13450899_10154290497658118_5199624620527274888_n


Diablo Canyon nuclear plant to be shut down, power replaced by renewables, efficiency, storage

We know that the devil is in the details and decommissioning is going to be hellish but for the MOMENT lets just bask in this victory and recharge our batteries, solarly of course.  To all those that made this day possible thank you.  This was always only about one thing,  keeping us safe. Thank you.

Tuesday’s meeting still on. Talking Desal. http://www.sanluisobispo.com/news/local/article85122997.html  Any questions check out FB page. https://www.facebook.com/events/235130220206969/

 

TO ANOTHER

13507109_901659653277366_3867442702170669757_n

STOP THE OIL TRAIN TERMINAL PROJECT RALLY

SAT. JULY 9

JULY 9

SAT.

⬇︎

⬇︎

⬇︎

Rally @ Mitchell Park in SLO at 12:30PM
March to Amtrak station @ 1PM

To protect our people, economy and environment from the extraction, treatment, and transportation of crude via oil trains, we must continue to stand up and show up to demand this project be denied.

This event coincides with the Lac-Mégantic rail disaster which occurred in Quebec, on July 6, 2013, when an unattended 74-car freight train carrying Bakken Formation crude oil derailed downtown, resulting in the fire and explosion of multiple tank cars in which 47 people were confirmed dead. We remember these individuals and will rally in their name.

Keeping us Safe.

More Good news

Dark Act defeated in Senate.

And WHAT’S UP WITH Price Canyon and the EPA exemption?

Well, EPA is being sued for failing to do its job and allowing health and safety issues surrounding oil extraction projects to go virtually unregulated and unmonitored.

Price Canyon has been operating without an Underground Injection Control license which is issued by the EPA upon completion of a very strict monitoring, tracking and disposal criteria for 12 years.

Freeport operating on an expired permit.  It’s pretty simple really. No license and no permits makes the dumping of toxic waste in the unincorporated areas of SLO county illegal and unlawful. Its a crime.

Stop work order is in order. Board of Supervisors is the lead agency on that action. They seem to be ignoring the issue. Really not o.k. This is not a political issue or an option.  This is criminal and the law dictates. No license. No work.  Mandatory revoking of all activity without a permit.  It is the Board of Supervisors job to issue the cease and desist. It is there job and their job alone. They have policing powers.  Perhaps the Attorney General could get the Board to do their job.   What is a class action all about? Hummmmm

So, I guess it comes down to how long we will allow the Board to ignore this before we insist they do their job and issue a stop work order.  Freeport is using our county as a toxic waste disposal site without a license or permit to do so.  Contamination of our water can not be mitigated. It can only be prevented. Don’t think we have a lot of time left. Thousands of gallons of fresh water a day is being toxified and illegally dumped.

An EPA exemption is not going to fix this. Can’t legalize wrongdoing by exempting it.  The only thing that will make it right is Freeport must produce the UIC certification and issued a license. Until then stop work order is absolutely mandatory now. Freeport is going to keep on keeping on until someone tells them to stop. Board approved the permits. Board revokes the permit. The Buck stops there.  They are it.

Board is on summer vacation for 2 weeks.  We aren’t.

The beat goes on-More Rallying-  RISING TIDE IN TOWN

Learn how to sing in perfect harmony and rock the world.

Subject: Two Events for Direct Action vs. Climate Change: Saturday July 16th 6-9pm, Sunday July 17th 10am

http://diablorisingtide.org/direct-action-vs-climate-change-tour-dreaming-scheming-through-california-with-rising-tide/

Event 1

WHAT: Direct Action vs. Climate Change: A night of scheming & dreaming with Rising Tide
WHEN: Saturday, July 16th at 6pm
WHERE: Library Community Room; City/County Library; 995 Palm Street; San Luis Obispo, CA

Event 2

 

WHAT: Direct Action vs. Climate Change: Non-Violent Direct Action Workshop
WHEN: Sunday, July 17th at 10am to 2pm
WHERE: Grange #639, 2880 Broad St, San Luis Obispo

And just an observation. It would seem that we are the only county in the United States or the world  for that matter that is being inundated with 4 major issues of the century all at the exact same time.   Oil trains, Fracking aka lethal injection of toxic waste, Diablo, extreme drought conditions. Any one of which could bring an ordinary community to its knees trying to fight it.   Just saying we are not ordinary. And what will take us to the next level that will certainly brand us extraordinary is solidarity in thought, words and action. Every issue on our plate right now is about our safety, health and well being, on that we all agree. So if everybody does something no body has to do everything. We are all in this together and together we shall prevail.

Peace, love and solidarity.

You never change things by fighting the existing reality. To change something, build a new model that makes the existing model obsolete.

— R. Buckminster Fuller