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Clearlake Cinder Chip Co., the owner of a volcanic cinder mine near Clearlake Oaks, and the mine's operator, BCJ Sand and Rock of Santa Rosa, agreed to settle the dispute with the Air Quality Management District, which new Air Pollution Control Officer Doug Gearhart has been ongoing for more than six months.
The air district's hearing board – chaired by Cameron Reeves, retired county counsel, and including members Nancy Perrin, Lowell Grant and Roger Bakke – voted to accept the stipulated order ending the matter at a Wednesday morning meeting, Gearhart said.
Gearhart said the settlement includes a $100,000 settlement and an agreement to retrofit the operation's diesel engines.
The issue, explained Gearhart, was the failure by the owner and operator to comply with the State Air Toxic Control Measure applying to the mine and requiring stringent diesel engine particulate emissions control.
Clearlake Cinder Chip Co. had received an extension for a variance relating to those standards because they wanted to convert their diesel engines to electric, said Gearhart.
However, at the end of the extension, the line power installation wasn't complete and the mine continued using the diesel equipment. Gearhart said the mine came into violation on Jan. 1.
Curt Abbott, controller for BCJ Sand and Rock, said the settlement also requires that Clearlake Cinder Chip Co.'s owner, Tiburon-based Robin Thomas Corp., must now put operations in BCJ's name.
BCJ Sand and Rock has been operating at the mine since October 2006, said Abbott. They'd been operating under variances in place before they arrived, and said their extraction equipment had been operating to standards since then.
He said Lake County is requiring the equipment have filters added to them to run at the same emission levels as if they were electric engines.
Abbott also stated that Lake County's air standards are more stringent than other counties – such as Sonoma and Butte – where BCJ also operates.
Gearhart, however, said that statement isn't accurate from the air district's perspective. The equipment in question is compliant for portable use but not when stationary, at which point it must meet different standards.
The order's $100,000 settlement amount was calculated based on number of violations, days in violation, and severity of violation, Gearhart said.
Abbott said Robin Thomas Corp. and BCJ have agreed to jointly pay the settlement. "We want to do that because we want to be back in business."
The hearing board previously had adopted an abatement order that Gearhart said effectively closed the business, an action taken after several prior attempts to reach a resolution ended in June. The air district also had initiated a civil process to collect the contested fines.
The abatement order against the mine prevented operation of processing equipment, said Abbott, although BCJ has been able to harvest the red lava rock and take it elsewhere for processing.
He said the red rock is turned into small rock or gravel and sand for uses ranging from highway projects to landscaping.
Abbott said the district made the fine significant enough to make sure the equipment upgrades were done.
The order also requires the mine operation to replace a gross-emitting Caterpillar D8 with a 2006 or newer excavator, complete a toxic risk assessment and maintain stringent dust control, according to Gearhart.
Gearhart said $40,000 of the amount will be used by the mine's owner and operator to purchase and install new diesel particulate filters on mining equipment. Before mining operations can start again, the filters must be on order and the first $20,000 penalty payment must be made.
The remaining $60,000 will go to the air district, which will share the funds with the County Counsel's Office for its assistance with the case. Gearhart said the money will help the air district recoup costs for its time.
In a typical year, fines and penalties only make up about 4 percent of the air district's $600,000 budget, said Gearhart. The settlement will push that percentage higher in the coming fiscal year.
"As far as I know this is the largest fine the district has ever had," said Gearhart.
Most of the air district's fines are for residential burn violations, which he said range between $50 and $100.
"Most people stay in compliance and most industry stays in compliance," he said.
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Longtime board member Pat Shaver submitted her resignation on Monday, as Lake County News has reported.
On Saturday, during a meeting to discuss the district's proposed rate hikes for water and sewer services, numerous community members had called for Shaver's recall, along with that of board Vice President Mike Anisman.
Community member Mike Benjamin circulated a petition for a recall notice of intent effort against both Anisman and Shaver. During Wednesday's meeting, he served the paperwork on Anisman.
The board will advertise Shaver's open position and seek applicants to fill it, with district General Manager Darin McCosker reporting that the position must be filled in 60 days.
Several actions were taken at the meeting to address transparency and the district's fiscal situation.
The board voted to hire Larry Bain to do audits for 2005-06, 2006-07 and 2007-08, which are mandated by the state. The cost will be $23,700, the lowest of three bids submitted.
In addition to fulfilling state requirements, it's hoped by the board and ratepayers in attendance at the meeting that the audits will clear up the district's financial picture.
Bookkeeper Jana Saccato said the district owes nearly $189,000, not counting new bills that have just come in. She assured ratepayers that there is enough money to cover all checks being written, which wasn't the case in previous years, when thousands of dollars in late fees and overdraft charges accumulated on the district's checking account.
Documents Saccato provided to the board show that the board's checking account went from more than $56,000 at the end of July to just over $7,000 on Aug. 18, as the district continues to try to pay off outstanding debt.
Income and expense comparisons for January through July of 2007 and 2008, prepared by Saccato – which board members said weren't prepared under the previous general manager – showed the district's income is starting to more regularly outpace its bills this year, largely the opposite of 2007.
Board member Frank Toney's proposal to form a standing finance committee also was approved. The committee will include Toney and McCosker, board member Harry Chase and Mike Benjamin.
Town resident Judy Heeszel indicated interest in participating, and McCosker suggested adding Bob Summerrill, a former board member who submitted a detailed set of suggestions for goals the committee should pursue.
Because it's a standing committee, it will be subject to the Brown Act, which requires agendas being posted 72 hours in advance of meetings.
In response to requests from ratepayers, the board decided to move meeting times to allow for more public participation.
The board usually meets in the afternoon on the third Wednesday of the month. However, at the Saturday rate hike meeting community members asked the board to move the meetings to a time when more people could attend. The meetings will now be held on the third Thursday of the month at 7 p.m.
McCosker said Wednesday that his staff has been overwhelmed by requests for documents by community members in light of the rate hike proposal and the growing concern over the district's fiscal health.
Saccato also reported that the district received 427 letters opposing the 39.4-percent rate increases for sewer and water. The district is now proposing other rate hike options, including 25 percent and 10 percent.
For information about the open board position, visit the district's Web site at www.clocwd.com.
E-mail Elizabeth Larson at
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The California Highway Patrol arrested Raju Thakorbhai Patel, 36, said CHP Officer Adam Garcia.
Patel was driving a 2007 Honda Civic eastbound on Highway 20 east of Verna Way close to Paradise Cove when the crash happened at about 3:05 a.m., according to Garcia.
Garcia said Haraoki Saito, 40, of Sacramento was driving westbound in a 2009 Volvo tractor trailer pulling a two-axle trailer when Patel reportedly sideswiped the semi.
Patel suffered minor injuries in the collision, said Garcia, while Saito was not reported to be injured.
Along with CHP, Lake County Sheriff's deputies, Caltrans, Cal Fire and Northshore Fire Protection District responded to the scene early Wednesday due to a diesel spill on the roadway.
Northshore Fire Battalion Chief Pat Brown, who was incident commander for the spill, said the collision caused a puncture in the semi's fuel tank, which released between 20 and 25 gallon of diesel.
He said the fuel covered about 200 feet of roadway across both lanes, which made it necessary to shut down the highway while the spill was cleaned up.
Brown said six Northshore Fire personnel with one engine, four Cal Fire firefighters and a Cal Fire engine, and Caltrans took care of the spilled fuel.
The firefighters grabbed their shovels and quickly went to work to contain the fuel. “It did not get into any of the creeks or off the road,” said Brown, which prevented him from having to call in Environmental Health.
Brown said the highway was reopened around 5:30 a.m.
CHP Officer Steven Tanguay arrested Patel at about 7:40 a.m., according to jail records.
Patel was booked on a misdemeanor count of driving under the influence, with bail set at $5,000, his booking sheet noted. He was released later Wednesday morning.
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Joshua Terry, 30, was injured in the collision, which occurred at 6 p.m. on Highway 29 north of the Dry Creek Cutoff, reported California Highway Patrol Officer Adam Garcia.
Garcia said Terry was riding his 1991 Suzuki Sport motorcycle northbound on Highway 29. Traffic ahead of him came to a stop and he struck the rear of a 2003 Volkswagen Golf driven by 69-year-old Ivonne Robertson of Clearlake Oaks.
The collision caused Terry to be ejected from the motorcycle, which resulted in major, non-life-threatening injuries, Garcia said.
REACH helicopter transported Terry to Santa Rosa Memorial Hospital. Garcia said neither Robertson nor her passenger, Laver Robertson, was reported as being injured.
The collision is a reminder of the need to maintain a high visual horizon. Garcia said this means
keep your eyes up and looking down the road.
Many drivers focus on the road only five or eight seconds ahead, Garcia noted. Instead, drivers should look about 15 to 20 seconds ahead of the vehicle, farther if possible.
Garcia said this gives a driver time to recognize and avoid most potential hazards before they become a
problem.
He said you'll see lane restrictions or construction areas, traffic congestion, truck entrances, mishaps and other hazards.
Keeping your eyes focused far down the road – instead of just past the end of the hood – creates more
reaction time for hazards, according to Garcia.
Officer Efrain Cortez is investigating the incident, Garcia said.
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