Los Osos, You're Welcome! SewerWatch Lifts the Town's 25 Year Building Moratorium. . . Right, Dr. Borenstein? Rrriiight, Dr. Borenstein?

"There is no 'better, faster, cheaper' solution that will meet the approval of the permitting agencies. Let's face it! It is NOT going to happen."
-- Gary Karner, February 25, 2005

Wanna see a great example of the petty, little games SLO County government officials play when a reporter is ready to expose an important story that involves their screw-ups?

This GREAT tale starts a couple of weeks back, when I stumbled onto a seven-year-old email from someone named, Matt Thompson, a former staffer at the local Water Quality Control Board, and, as soon as I read that one-paragraph email, I instantly recognized it as a bombshell in the entire Los Osos sewer saga, because it goes straight to my January 1 2007, prediction (with numerous follow-ups here in SewerWatch), that, based solely on official, primary source documents, the only thing preventing Los Osos from becoming a community of composting toilets and greywater systems, is a tiny, brittle thread of completely unsubstantiated, bureaucratic sleight-of-hand, BS.

Well, two weeks ago, I was able to cut that thread, and the resulting thud is a bombshell.

Thompson's email is in response to a Los Osos property owner that was "very interested in installing a composting toilet as an alternative (to illegally discharging out of her septic tank)," AND that was/is being prosecuted by the local Water Quality Control Board for continuing to discharge wastewater out of her home septic tank, after the local Water Quality Control Board made septic tank "discharge in the Los Osos "Prohibition Zone" illegal starting in 1983, and then, shortly thereafter, it became illegal to build (or even add on to) more homes in Los Osos until that "discharge" thing was figured out.

That "building moratorium" not only prohibits homeowners from adding on to their exisitng homes, but more importantly, it also prohibits about 600 vacant lot owners in Los Osos from building on their property at all.

Think about that, it's very interesting: Imagine owning (and paying property taxes) on a residential lot in Los Osos for some 20 years, and not being able to build a home on it, simply because it's illegal in Los Osos to discharge from a septic tank, and there's no sewer system in place. THAT's what the vacant lot owners in Los Osos have been dealing with for the past two decades.

Well, Los Osos vacant lot owners? Dust off your blueprints.

In the years following my 1/1/07 prediction, where local government officials have thrown millions of dollars at all of their consultant friends to design a ginormous, industrial, $200 million sewer system for the town, I have gone 'round and 'round with nearly every government agency involved with that massive project, asking them:

"What's stopping a property owner in the Los Osos 'Prohibition Zone' from filling their septic tank with sand (which would instantly bring that property owner in compliance with the 'no discharge out of the septic tank' law), and then, in a weekend, installing a composting toilet system -- a system the local Water Board, that drew up that 'no discharge' law in the first place, practically raves about, as I first exposed in my 5-year-old prediction -- and an 'appropriate greywater system,' and then, because that property owner would no longer be in violation of the 'discharge' law, they would have no need to hook up to, and, intensely importantly, help pay for that $200 million community-wide, industrial sewer system?"

That question... THAT question they absolutely refuse to answer, as I have nicely time-stamped, at this link:

http://sewerwatch.blogspot.com/2010/06/countys-worst-case-scenario-in-los-osos.html

... where I write to Supervisor, Bruce Gibson, asking him that exact question, and showing him the County's "worst case scenario," and he did absolutely nothing. Nothing.

Same with Public Works Director, Paavo Ogren. In 2008, I was in Ogren's office, with one of my blog posts on composting toilets pulled up on his computer, he told me he would read it later, and, when I turned to say, "Goodbye," to Ogren, over his shoulder, I could see this story:

http://sewerwatch.blogspot.com/2007/01/is-there-rosa-parks-in-los-osos.html

... where I first outlined ALL of this, on his desktop computer.

In the ensuing years, Ogren would pay millions to his consultant friends for the design of the massive sewer project, and completely ignore ALL of the tight, primary-source evidence I was showing him (and the entire Board of Supervisors, for that matter) that REEELLY pointed to Los Osos going composting toilets/greywater systems.

And now? Oh, have I got some bad news for them. I now have an official answer to my question, and that answer is a bombshell.

In his email, Thompson writes, "The Uniform Plumbing Code does not allow composting toilets unless approved by the local health officer."

After five years of "no reply" from SLO County government officials, I now know two VERY important things:

1) It's something called the "Uniform Plumbing Code" that governs the use of composting toilets in the county (who knew?).

and;

2) ... and this is GREAT: I now know whose call it is to "allow" composting toilets in the county, and that call boils down to one person, "the local health officer," and in SLO County, in 2012, the "local health officer" is one, Dr. Penny Borenstein.

Let the petty games begin... again.

Two weeks ago, I actually phoned Dr. Borenstein's office, to ask her if she would "allow" a composting toilet system in Los Osos -- a system that the State Water Board practically raves about, saying composting toilets are "one of the few alternatives available" in Los Osos, that "will improve water quality," and "doesn't require Coastal Commission approval" -- and left a message with Dr. Borenstein's secretary.

No reply.

In the ensuing week, two more emails and another phone call to Dr. Borenstein's office went completely ignored.

In the meantime, I also contacted, Harvey Packard, at the local Water Quality Control Board -- the agency responsible for the "no septic tank discharge" law in Los Osos -- and asked him a version of my long-time-unanswered, excellent question: "If a property owner in the Los Osos Prohibition Zone filled their septic tank with sand, and then installed a "local health officer" approved composting toilet system, and an "appropriate greywater system," and then, because that property owner would no longer have a drop of "discharge" coming out of their septic tank, would that property owner still be in violation of the "discharge" law, "Resolution 83-13?"

His bombshell of a response?:

"Our current practice throughout the region is to not directly regulate graywater systems that are in compliance with the state plumbing code (recently amended to make it easier for homeowners to install graywater systems). Some may argue that even code-complying systems discharge waste that could affect the quality of waters of the state, but we do not regulate them.

If a prohibition zone resident installed a graywater system and a composting toilet as you describe, that resident would not be in violation of Resolution No. 83-13."

Bomb-friggin'-shell!

1) His office doesn't even "regulate" greywater systems. Apparently, it would be like asking them if they would allow a wood burning fireplace. According to Packard, greywater system regulation isn't even in their jurisdiction.

and;

2) "If a prohibition zone resident installed a graywater system and a composting toilet as you describe (with a "decommissioned" septic tank), that resident would not be in violation of Resolution No. 83-13."

KA-BOOM!

More shelling:

I then asked Packard, if a vacant lot owner in Los Osos were to submit plans to the County for a home that included a "local health officer"-approved composting toilet system, and a UPC greywater system, would the local Water Board object?

He wrote, "In principle, we would not object to the lot owner's building a house in such a situation."

Building moratorium lifted. Vacant lot owners? You're welcome!

But, there's just one thing... one tiny, brittle thread that's preventing a vacant lot owner from finally building their dream home: The hard-to-pin-down, Dr. Borenstein.

So, last week, I tried a different tact to get through to Dr. Borenstein.

I contacted Supervisor Gibson, (remember him? The guy that completely ignored this super-important subject over the past five years), and sent him this email:

- - -

Hello Supervisor Gibson,

I have GREAT news concerning Los Osos.

Harvey Packard at the local Water Quality Control Board recently told me that his office, "in principle," "would not object" to a vacant lot owner in the Prohibition Zone building a home on their property, IF that home included an "advanced" composting toilet system, and a UPC approved greywater system, and NO septic tank.

But, here's the hold-up: According to Mr. Packard's office, "The Uniform Plumbing Code does not allow composting toilets unless approved by the local health officer."

Now, over the past week, I've phoned and emailed (twice) SLO County's "local health officer," Dr. Borenstein, asking her if she would "allow" composting toilets in SLO County, but she's yet to answer my question.

In other words, it's really starting to look like the ONLY thing keeping a vacant lot owner in Los Osos from FINALLY being able to build on their property, is a simple, "Yes," from Dr. Borenstein, on composting toilets, that the staff of the RWQCB says "will" "improve water quality," in Los Osos, and is "one of the few alternatives available," and "does not require Coastal Commission approval."

So, that's what this email is: Me asking you to ask Dr. Borenstein if she will "allow" a composting toilet system in SLO County. I admit, it's kind of a strange question, considering it's asking the director of environmental health in the county, whether she will "allow" a system that "will" "improve" the environmental health of the county.

I mean, is there a "no" to that question?

I figure that you might have better luck at getting a response from her. And, as you can imagine, the sooner the better on this one. The vacant lot owners have waited long enough, don't you think?

Thank you in advance for your prompt response,
Ron

P.S. Mr. Packard also asked, "could the county satisfactorily assure us that the lot owner would not surreptitiously add plumbing fixtures after construction?"

That sounds like an easy enough fix, right? Through some sort of simple inspection, like every year or two, or something like that? I'm sure your talented staff won't have a problem clearing that tiny hurdle.

- - -

Zero response.

So I sent a version of that email to my District's Supervisor, Jim Patterson, who has also completely ignored this primary-sourced, super-important subject, for the past five years.

Zero response.

And, now, here I am, nearly three weeks after I first contacted Dr. Borenstein's office, practically begging for an answer to this amazing question, and zero response.

So now, it all boils down to that: The ONLY thing preventing a vacant lot owner in Los Osos from building on their property (for the first time in some 25 years), is one, simple, quick, "Yes," from Dr. Borenstein. [Just a sec... gotta fire-up the ol' SewerWatch intercom system: Ahem... Paging Dr. Borenstein. Dr. Penny Borenstein, please report to SewerWatch. Dr. Borenstein to SewerWatch, please.]

And, just like I wrote to Gibson, considering it's asking the "local health officer" in the county whether she will "allow" a system that "will" "improve" the environmental health of the county... I mean, is there a "no" to that question?

THAT's how close the 25-year-old Los Osos "building moratorium" is to being lifted.

One, "yes," from one person.

THAT... close.

Silly, petty games, from seemingly respectable adults.

More Petty Games, Bombshells, and The Bell Curve

Then there's the role of the Bell Curve in all of this. In fact, it was the Bell Curve that led, in part, to my original 1/1/07 prediction, and the Bell Curve in this story is VERY interesting.

My not-so-scientific, yet likely, guess on how the Bell Curve for the acceptance of composting toilets among property owners in Los Osos shapes up, is like this:

On the far left side, you have the small group of property owners, that are, "No f-ing way will I EVER use a composting toilet, and if it gets to the point where that ends up being the ONLY cost effective solution in Los Osos, then I'm going to move!"

Then, there's the middle of the Bell Curve, with the bulk of the population, that are, "Ewww, composting toilets? Well, I dunno... I mean, they are truly better, cheaper, faster, so, maybe? I mean... I dunno."

Then, and in this Bell Curve, here's the extremely important part, on the far right of the graph, there's this tiny group: "I demand to use a composting toilet. I don't even care if it IS waaaay cheaper, OR what it'll do to my property value, because it's absolutely the right thing to do for the environment."

Now, keep in mind, there are about 5,000 properties in Los Osos, and if just ONE of those property owners is this, "I demand to use a composting toilet," and, according to the Bell Curve, there almost certainly is, several of them, in fact, then something very dramatic will happen.

But, before I get there, I need to set up another very interesting twist in this story, that ALSO involves petty games by local government officials.

About four years ago, the County conducted a required Prop. 218 election, that asked PZ property owners in Los Osos if they were willing to tax themselves some $25,000 to pay for the proposed sewer system.

That election passed with more than 80-percent of the vote.

But here's the HUGE catch: By all indications, SLO County government types never did what I did: Simply email the staff at the CCWQCB, and ask them if a property owner would still be in violation of the "no discharge from a septic tank" law, if that individual property owner were to install a composting toilet/greywater system.

The answer is, "no."

Which poses two VERY interesting, and seemingly highly actionable, questions:

1) Would the PZ property owners STILL have passed that Prop. 218 vote, had they been informed that there was a sewer "alternative" (CCWRQCB's word), that could be installed in a weekend, at a fraction of the cost of the sewer assessment, and is waaay "environmentally superior" to a gigantic, industrial, "energy hog" sewer system.

[How would THAT play out in court? Pissed off PZ property owners showing up in court, and arguing that they were lied to about ALL of the "alternatives" in that Prop. 218 vote, and that the vote should be redone, with the composting toilet/greywater system in the mix?

What a GREAT argument.]

2) Will County officials STILL assess a PZ property owner to pay for the sewer, if that property owner were to, today, fill their septic tank with sand, and install a composting toilet/greywater system, and therefore have no need whatsoever to hook up to the sewer... or pay for it, OR, would the County voluntarily exempt that property owner from the already-passed sewer assessment, which would be the right thing to do.

Let the petty games continue.

I recently sent that amazing question to SLO County Public Works Director, Paavo Ogren.

Zero response.

I then sent that excellent question to Supervisor Gibson.

Zero response.

I then sent that excellent question to Supervisor Patterson.

Zero response.

So, not so surprisingly, still no official answer to this... to THIS: Would the County STILL assess a PZ property owner -- that took the highly prudent step of installing a composting toilet/greywater system -- for the cost of the sewer, even though they wouldn't need to hook up to it, and, thereby forcing that highly prudent, environmentally friendly property owner to go to court and argue "no benefit/no assessment," OR, would the County voluntarily exempt that property owner from the already-passed sewer assessment?

If that happens, where a composting toilet/greywater system PZ property owner gets out of paying the sewer assessment?

Watch this bombshell: Back to that Bell Curve.

Let's just say only FIVE, out 5,000 properties, initially go the CT/GW route.

If that happens, then that "worst case scenario" that I showed Gibson years ago -- a scenario where there's a $200 million sewer system in Los Osos that no one needs to hook up to, or pay for -- WILL happen, unless these petty officals become BIG fans of SewerWatch in a hurry.

If just FIVE PZ property owners go the CT/GW route, AND are exempt from paying the $25,000 sewer assessment, here's what the Bell Curve shows WILL happen:

MORE property owners on the far right side of that curve, are going to see that the CT/GW route is NO BIG DEAL at all -- in fact, likely, MUCH better, on many levels -- AND it will be waaaay cheaper, and they will do the exact same thing.

And, if that number gets up to just, say, 5-percent of PZ property owners, then more of the property owners on the right side of that Bell Curve will also do the exact same thing, and, because now none of those properties are paying the assessment, that means the amount will increase for everyone else, until every property owner will either be economically forced to go the exact same route (unless they want to pay a bazillion dollars a month just to flush with water), or, likely, redo the entire Prop. 218 election, because a bazillion dollars a month was never part of the 218 deal.

And then, EVERYTHING -- five years and some $10 million worth of design and planning -- will have to be redone, including the entire sewer design (minus the CT/GWers), AND whether it's even needed now at all, with composting toilets/UPC greywater systems in the mix... all because SLO County government officials completely ignored the primary source evidence that I showed them... years ago... that pointed to all of this happening.

Of course, HAD Ogren and Gibson included composting toilets/greywater systems in their analysis, they wouldn't have been able to continue pay all of their longtime consultant friends millions of public dollars to design an industrial sewer system, like they did, and continue to do.

Uh, Dr. Borenstein? Do you want to "improve water quality" in Los Osos, with the most "environmentally preferable" method (by far), and, of course, more importantly, make my January 1, 2007 prediction come true, or what?

"Yes," or "No?"

Please answer. The vacant lot owners have waited long enough, doncha think?

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