Mileck's dump site on top of a mountain violates State requirements that Mixed Solid Waste Facilities have on-site water. To circumvent the obvious need for on-site water in such a facility, Mileck has presumed the "right" to pump from 21,000 to 41,000 gallons per day of water from the East Fork Russian River and transport it via tank truck to his leased facility. The County Planning and Environmental Health Departments, and Dennis Slota of the County Water Agency have unethically endorsed and rubber-stamped this as well as every other degradation Mileck has imposed on surrounding neighbors and the environment.
Related to the larger issues of the water rights Complaint, the CWRCB will hold a symposium at the Luther Burbank Center in Santa Rosa on Sept. 16 at 1:30 pm. They will accept public comment on their staff proposals for what to do about pending water rights applications on the Russian River. Their "Staff Report" acknowledges that the Russian River is fully appropriated and that appropriations must be curtailed in the face of the coho and steelhead listings. Their proposed "solution" is to grant new appropriations by season, allowing diversion of water from December 15 to March 31 of a given year. This would allow pending applicants for huge water diversions (mostly wineries) to get around seasonal restrictions by constructing ponds. They could freely divert water into their large bulldozed craters during the "wet" season with no one monitoring what they do during the dry season.
Because of the listing of the fish, and because existing appropriations far exceed the natural flow of the Russian River, and because the Eel River-Potter Valley diversion is likely to be curtailed, no further appropriations should be allowed at all on the Russian River or any of its tributaries during any season for any reason. The Russian River is a tragic example of a once-major waterway, riparian habitat and fishery reduced to the function of a pipeline and sewer for insatiable ag and development interests.
Other Mileck News
In conjunction with the June 5 hearing before the Planning Commission, a large volume of written public comment was submitted on the Mileck Draft EIR. Approximately 95% of it was opposed to Mileck. The Planning Commission made their own comments which were also negative. An "administrative draft" of the final EIR is due out at the end of August. After County Agencies "review" the draft, the final EIR will be released probably in late September. The EIR will then be scheduled for another hearing before the Planning Commission, possibly between mid-October and late November. If an appeal is filed, the EIR will be scheduled for public hearing before the Board of Supervisors.
A Court hearing took place on the ongoing CEQA lawsuit against Mileck on August 4. Mileck's Regional Solid Waste Facility Permit was suspended many months ago by the State Integrated Waste Management Board due to environmental concerns raised by the CEQA lawsuit. However, the County Dept. of Environmental Health, ever the promoter of Mileck, has allowed his continued operation under a County Use Permit. The Planning and Environmental Health Depts. have changed Mileck's use permit approximately 30 times since 1994 to accommodate Mileck's continuous violations and revisions of his own plans. At the August 4 hearing County Counsel Frank Zotter, whose hair appeared to be pomaded with Fuel Oil #6, assumed his customary role as Mileck's advocate Ñ at public expense. The MEC's attorney, Susan Brandt-Hawley, and Pano Stephens argued cogently that the Court should recognize the revocation of Mileck's State Permit. The Court ruled in our favor. But Mileck continues operation under the dubious County permit. The question of why public agencies should promote, condone, support and legally assist a private polluting corporation like Mileck may never be answered without criminal or grand jury indictment of all of them.
Copyright Mendocino Environmental Center 1997
Permission granted to excerpt or use this article if source is cited