KELSEYVILLE – County officials say Charles Fowler's 360-acre property near Kelseyville has suffered environmental damage due to his dumping of junk and green waste. {sidebar id=51}
It's a case, however, that is far from simple. There are numerous local agencies that have been called to the property to inspect it, with Code Enforcement and Environmental Health now moving through separate but complementary processes that seek to have the property cleaned up.
Fowler's daughter, Sara, said her father was ill during the latter part of last year, having a tumor removed from his pituitary gland. While he is still recovering she is partnering with him to move forward on the cleanup.
There are, however, other people involved in the case, including the Butcher family, who run Lakeport Disposal, the company responsible for depositing green waste on Fowler's property over the last two years.
Lakeport Disposal, in turn, is the franchise hauler for the City of Lakeport's mandatory garbage program which includes garbage, recyclables and green waste.
The investigation deepens
While the main focus is on Fowler, there is also the question about the possible consequences for both Lakeport Disposal and the City of Lakeport.
As far as fines and penalties against Lakeport Disposal, Environmental Health Director Ray Ruminski said, “We're not sure about that.”
“One thing we are investigating is that this green waste program is supposed to be an environmentally beneficial thing to divert certain waste streams away from the landfill into a more planet-friendly, green-friendly use,” said Ruminski, referring to a composting facility.
He added, “Dumping it in an oak woodland in a sensitive watershed is not the intent of these diversion programs.”
The City of Lakeport and Lakeport Disposal “may have some embarrassment or some legal culpability there,” Ruminski said.
Because of Lakeport's mandatory – or universal – garbage, recycling and green waste collection, “everyone in the city is a participant in this program,” said Ruminski.
He said of Lakeport, “Their yard waste is not being diverted to an approved facility, it's being diverted into an illegal dumping operation. We think that's a bad thing.”
The green waste, even as compost, presents a number of problems, said Ruminski.
For one, it had trash – including plastic wrappers, cardboard and even pressure-treated fence posts – mixed into it, said Ruminski.
The green waste also can lead to runoff and stream pollution in its current location, which is stretched across several half-acre and one-acre areas, said Ruminski.
The compost also presents a potential fire danger. Ruminski explained that when the materials decompose, the center of the pile warms up. If the outside of the pile gets dry, the compost can catch fire.
Another serious environment/health issue on the property, said Ruminski, is that Fowler installed the old mobile homes as housing, without permits and with illegal septic systems.
Ruminski said his department is acting as the local enforcement agency for the California Integrated Waste Management Board.
He said his staff will consult with the waste board's staff on how to handle the issues associated with Lakeport Disposal.
“The city as a jurisdiction has an obligation to manage their waste stream and accomplish a certain amount of diversion,” said Ruminski.
A law passed in 1989 required municipalities to divert 50 percent of their waste stream – either through recycling or green waste – by the year 2000. But, Ruminski said, that diversion must be done at approved facilities.
A branch of the California Integrated Waste Management Board evaluates jurisdictions and gives them credit for meeting that diversion requirement, said Ruminski.
Lakeport, he said, could lose that diversion credit, or suffer possible penalties.
“I do not want the City of Lakeport to say, 'It's not my fault,' for obvious reasons,” said Ruminski. “As far as I can see, everyone's culpable.”
Ruminski said Environmental Health sent Lakeport Disposal a letter about the Fowler case.
“It basically said, you guys did a bad thing and we expect you to make it right,” said Ruminski.
Lakeport Disposal didn't respond in writing, he said. Rather, one of Joe Butcher's sons left a message saying they would take care of the situation.
Ruminski said Environmental Health still needs to follow up with Lakeport Disposal. He added that it's “too soon to comment on whether they will be prosecuted.”
Lakeport Disposal defends itself
For its part, Lakeport Disposal's owners say they have done nothing wrong, and have tried to improve the situation on Fowler's property.
Lakeport Disposal has had a franchise agreement with the City of Lakeport since January 2004 which covers the city's mandatory garbage collection. That service also collects green waste and recyclables.
Craig Butcher, Joe Butcher's son, said Lakeport Disposal has taken green waste to the Fowler property for the past two years, but stopped in the middle of last October.
The company paid Fowler a $500 per month handling fee for the materials, said Butcher. Previously, they had taken the green waste to a Potter Valley facility, where fees to accept the materials rose dramatically, from $3.60 per ton to $31 per ton.
The Butchers also said they have taken carp from local carp shoots out the property for about 12 years, where Fowler used the fish to enrich his soil. That was never a problem until recently, they said.
All of the materials, said Craig Butcher, were understood to be organic and acceptable for Fowler to accept under the “right to farm” ordinance.
In November, the company rented a bulldozer and used it to spread out the materials, which Butcher said Fowler was supposed to do but didn't.
While they were there spreading out the materials, Butcher said they filled an 18-yard debris box with plastics and other materials that had been mixed in with the green waste.
In the spring, after the ground dries up, Butcher said they'll go out again and do some more cleanup. He estimated that they could retrieve another nine yards of debris at that time.
Butcher disputed that there has been any environmental damage and groundwater contamination, explaining that the materials are already breaking down.
Craig Butcher said the company and the City of Lakeport discussed the case and that the city is “afraid it might come back on them.”
Meanwhile, The company still isn't entirely sure where it stands in the case, and the Butchers believe they're being caught up in other issues that are Fowler's responsibility.
Butcher said Environmental Health hasn't updated them on the case. “They send us threatening letters but they don't really tell us anything.”
The City of Lakeport's response
Ruminski sent a letter dated Dec. 11, 2007, to Lakeport City Manager Jerry Gillham, which was copied to the entire Lakeport City Council and City Attorney Steve Brookes.
In the letter – a copy of which was obtained by Lake County News – Ruminski outlined the violations in the Fowler case.
“It is the position of Environmental Health that this property owner is operating a solid waste facility without the required Compostable Materials handling Facility Permit,” Ruminski wrote.
The letter continues: “Our investigation indicates that the compostable materials found on the Fowler property have been transported there by Lakeport Disposal. Further, the source of these compostable materials is the green waste from the City of Lakeport's green waste curbside pick-up program.
“Lakeport Disposal, under a contract with the City of Lakeport, has been hauling green waste to the Fowler property, an un-permitted facility, in violation of state law and in contravention of industry standards,” the letter states. “This operation has created significant environmental damage and public health and safety hazards.”
Ruminski told Gillham that the dumping has resulted in “extensive degradation to the land and the sensitive watershed.
“All of those responsible for this damage will face substantial civil liability in the form of fines, penalties and clean-up costs,” Ruminski wrote.
“Please take all necessary measures to ensure that no further hauling to the Fowler property of any green waste materials occurs,” Ruminski added, noting that only permitted facilities can accept such materials.
The franchise agreement between the city and Lakeport Disposal does not state specifically that the company must take its solid waste materials to an approved facility.
However, Brookes points out that the agreement does stipulate that Lakeport Disposal must follow the law when disposing of materials.
Responding to Ruminski's comments about the city's possible culpability, Brookes said that unless the city had absolute knowledge of the activities beforehand, “I think that's a stretch.”
Illegal dumping is the last thing the city would want to have happen, said Brookes. “We want a good service for the customer and a stable franchisee.”
Brookes said the city hasn't yet gotten to the point of considering how this case might affect its franchise agreement with Lakeport Disposal.
The franchise contract states, however, that the city can end its contract with Lakeport Disposal should the company break applicable laws.
At a Lakeport City Council meeting in December, council members had complained that certain items in the contract had not been honored by the company, which is now seeking a cost of living increase.
Brookes said a recent audit of the company found that the customer count was too high, therefore resulting in inflated revenue figures that were much higher than reality. He said the city and company need to jointly develop and circulate a customer satisfaction survey to address some of the outstanding concerns.
Gillham said the city has no role in monitoring Lakeport Disposal's environmental compliance, which he asserted is the county's role.
It's up to Lakeport Disposal to follow the law, Gillham added.
What happens between Lakeport and its franchise hauler could play out in a variety of ways. The Butchers and Fowler could clear all regulatory hurdles and move forward; they could be assessed a large fine; or they could receive a fine with ongoing penalties that could put the company in more financial distress than it's already in.
At that point, said Gillham, the city might need to reassess the franchise.
Gillham said the city is not interested in continuing a contractual agreement with anyone violating the law.
The determination of whether laws have been broken, Gillham added, “would depend upon what the county and state regulatory bodies did with regard to the Butchers.”
State: Solid waste oversight is a local issue
In a world where it sometimes seems that state government exercises excessive control, solid waste haulers actually have little accountability in the form of state licensing.
Ken Stuart, who coordinators the illegal dumping program for the California Integrated Waste Management Boad, said there isn't a licensing program for solid waste haulers in California.
That responsibility, he said – along with permitting and inspecting landfills, transfer stations and compost facilities – falls to the local Environmental Health division.
“This is a local government issue,” said Stuart.
However, Stuart said Environmental Health doesn't necessarily have authority over the franchise hauler, which is responsible to its jurisdiction, in this case Lakeport.
It's up to local jurisdictions to include enforcement authority of solid waste haulers in their laws, which should include penalties for taking materials to unlicensed facilities, said Stuart. The California Penal code, Fish and Game code and state water code also have penalties for activities such as dumping.
In cases like these, local jurisdiction is crucial, said Stuart, which is why Code Enforcement becomes more powerful.
Since the green waste came from Lakeport, Stuart said it was up to the city to make sure that the materials were taken to the proper facility. “The real key is the City of Lakeport has a responsibility on that.”
Since the state also doesn't have power to review solid waste franchise agreements, it again falls to local jurisdictions to make sure their franchise haulers are meeting their contractual obligations, said Stuart.
Ultimately, the waste board has grant funding available to help come in and clean up certain properties, said Stuart, with a bill then being given to the landowner, or a lien placed on the property if they can't pay the bill.
Cities and counties need to divert certain materials – such as green waste – from their landfills, said Stuart. Because of this dumping issue Lakeport could lose its diversion credit.
The city, according to state records, also is coming up for a regular diversion audit, said Stuart.
Interestingly enough, Stuart is family with the area around Fowler's property; he said he grew up near Kelseyville.
E-mail Elizabeth Larson at
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