By now I had expected to be gearing up to respond to the Cold Creek Compost Inc. (CCCI) Environmental Impact Report. Although it was scheduled to be completed by the end of September and before the Supervisors in early November, it now seems to be somewhere in Draft EIR limbo. According to planner Pam Townsend, the Planning Department had many concerns about the DEIR to which they had requested CCCI to respond. There has been no response since June. Planning doesn't know the status of the EIR - out there, somewhere.
After updating myself by reading inspection reports and correspondence between County Offices and CCCI I can assure you that underhanded, smarmy business practices continue. In the past year CCCI has operated under a questionable permit, expanded without obtaining permits, operated out of compliance with their Conditional Use Permit (CUP) had a questionable heavy metals test (cadmium), refused an inspection request by Environmental Health (EH) and then accused EH of harassment and threatened them. I have a paper trail to back up each of these accusations.
Questionable Permit
On 9-9-96 Russ J Kanz, of the California Integrated Waste Management Board (CIWMB) wrote to John Morley of Mendocino County Environmental Health (EH is the Legal Enforcement Agency, or LEA, in charge of CCCI). Kanz stated that the CCCI Solid Waste Facilities Permit "was issued based on California Environmental Quality Act (CEQA) compliance...and CEQA was not in fact complied with. The permit is void and was void as of the date the Court ordered an EIR to be prepared."
A 9-12-96 letter to Frank Zotter from Morley states, "The LEA requests an opinion from County Counsel as to the status of the Solid Waste Facilities Permit for CCCI."
A 9-16-97 letter Morley writes back to Kanz states, "County Counsel respectfully disagrees with the CIWMB...The LEA will continue oversight of CCCI under its existing full Solid Waste Facilities Permit."
Failure to Obtain Permit
In a letter to Martin Mileck, CCCI owner/operator, from John Anastasio, of Building and Planning, dated 3-19-97, subject: To legalize water tanks installed without permits, states under Other Violations, "The following additions structures or features have been installed without building dept. permits: (a) an office trailer. (b) A storage building. (c) A rest room. (d) A fuel tank. (e) amendments and additives to the extent they are hazardous as defined by UBC and UFC (uniform building and fire codes). NOTE: Lime or Calcium Carbonate, the amendment referred to, is a hazardous material. When Calcium Carbonate gets wet it releases colorless, explosive flammable Acetylene Gas. As a hazardous material it requires a permit per UFC Sec. 8001.3.1 and notification of the local fire chief.
Out of Compliance with CUP
In the Conditional Use Permit, condition #6 states, "All winter operations Oct. 1 through May 15 shall be conducted under shelter of a roof. Operations include material stockpiling, processing, and composting." On 1-6-97 and 2-5-97 CCCI violated cond. #6 for "storage of ash outside roof structure." March 31, '97 found the operator violating #6 again, "material windrowing, screening and grinding and storage of ash all being done outside the roof structure.
Comments from a 6-27-97 inspection report states, "exposed, untarped ash and dry compost pad causing dusty conditions."
Areas of concern from the 7-31-97 inspection, under Random Load Checks states, "scrap wood from landfill contained plywood, painted wood also the possibility of treated wood." Area of Concern, [17867 (a)(2)], Fly population increasing. Area of Concern [PRC 44014 (b), Operator not complying with cond. #7, ie. "Operations creating a lot of dust. Trees east of pad coated with dust. Ash piles are not adequately covered. Compost pad very dry, vehicle traffic causing dust clouds." Particulate emissions were referred to Phil Towl of Air Quality on 8-1-97.
An 8-15-97 inspection report states, "Covering over ash is not adequate, piles not covered and some plastic tarps are torn. Wind causing ash to become airborne. Tub grinding operations in process with no dust suppression measures. Dust clouds obscured view of equipment and operators. LEA has requested that Air Quality Management District inspect the site and evaluate conditions." All LEA inspections were conducted by John Morley.
The exposed, airborne ash referred to in the inspection reports is the boiler and scrubber ash from International Paper's Masonite Division which delivers about 60 tons of ash a month to CCCI.
Elevated Level of Cadmium
A letter from John Morley to Martin Mileck dated 5-29-97 states, "Sample results for metals dated 3-24-97 indicate an elevated level of Cadmium. Maximum acceptable level for Cadmium is 39 mg/kg. The level of Cadmium indicated by the 3-24 report is 673 mg/kg.
The following information is from 6-2-97 phone conversations between Mileck and someone from EH,initialed DAK. Mileck stated to the LEA that "he was not aware of the cadmium level prior to the call but would look into it." Mileck called the lab. The lab didn't have any more sample left. Martin will see if he has more of this batch on site that he can test. Lab thinks it may be an error. The report continues to 6-3-97 when Martin called back, "Martin called, laboratory said it was a lab error, it should have been 1 to 2 ppm. The lab will send out a revised report. Martin will send us a copy."
What's goin' on?? The revised report is very different from the original with all metals at acceptable levels. The lab didn't have any more sample left. The sample was taken in March the violation wasn't noted until May. How could there be a revised report? I couldn't help but notice as with Masonite Lab/Ash reports, CCCI samples are taken by the operator. Why isn't there a proper chain of custody for the sampling? From the lab reports I've seen (all within normal metal levels), the sample was taken by Guntley or Mileck, another case of the fox guarding the hen house. Samples should be taken by the LEA during surprise inspections and should be taken from finished compost, feedstock and amendments.
Refused Inspection
On Friday, May 9, 97 at 5:45 pm, John Morley requested access to CCCI to conduct the weekly inspection as required by Notice and Order. Martin stated that there was a different combination lock on the gate at night and it was unreasonable to have an employee go to the site at such late notice. Mileck and Morley agreed to conduct the site inspection the next morning. Saturday, 5-10-97 @ 11:00 am Morley found the gate locked and no one there to allow him access to the site. Morley informed Mileck that he would be writing a report stating that the LEA was denied access.
Threats
In a threatening fax to Morley's boss John Rogers, Mileck stated, "I consider Mr. Morley's actions to be outside the responsibilities and authority of your agency and in conjunction with various other recent events, to constitute harassment of our business." CCCI General Manager, Eric Anderson, left a voice mail to the LEA stating, "Cold Creek Compost required 48 hours advance notice of any inspections, and would treat any attempt to conduct an inspection without such notice as criminal trespass."
Public Resource Code, Division 30 states, "The LEA may conduct inspections without prior notice to the owner or operator during normal business hours or the facilities operating hours.
In a response to Anderson, County Counsel, Frank Zotter stated, "The LEA will continue to conduct inspection of the operations on Guntley Ranch as permitted or required by law, during business hours and will do so without advance notice to CCCI."
People and agencies who bent over to accommodate CCCI are now being accused of harassment. Isn't that known as biting the hand that feeds you? Our fearless leaders who disregarded their constituents to midwife CCCI into being have found their progeny to be an arrogant, petulant, whining nuisance. It's time for some tough love folks, before it's too late and your nuisance grows into a monster.
Copyright Mendocino Environmental Center 1997
Permission granted to excerpt or use this article if source is cited