City took the teeth out of Montage violations

Roger von Butow

The numerous water quality violations from the rooftop-to-sidewalk

washing of the Montage Resort complex by the developer, Athens Group,

resulted in a hypocritical act of betrayal, a dangerous precedent set

by the city of Laguna Beach.

After a perfunctory investigation, relying on testimony from the

violators only, a fine of $100 ($50 per day) was assessed.

Admittedly performed by the contractors to clean everything of

construction residues for the opening ceremonies, the Laguna Beach

city staff refused to: Seek the actual number of days in violation,

water amounts broadcast and type of cleansing agents used via demands

of billing records; interview voluntary eyewitnesses and the

complainant, Clean Water Now! Coalition; and determine, via sediment

and water samples, the toxic contaminants spewed upon this pristine

beach from these Environmental Protection Agency prohibited

discharges.

Existing laws dictate severe fines for specifically listed noxious

chemicals or substances that may not enter waterways or the ocean.

Analogy: If this were a bank robbery, one could surmise that as

the police department, our city staff would kindly, gently request

that the criminals inform them of how many times they robbed a

facility, the exact amount and denominations stolen, etc. Oh, and by

the way, could the thieves please divulge the contents of the safety

deposit boxes, plus customer’s wallets and purses also pilfered?

Don’t know? Hey, just guess. We trust you.

Environmental law is explicit: “Let the punishment fit the crime.”

The whitewash of this egregious series of violations is exacerbated

by the obsequious “we promise not to ever do it again” damage control

quotes. Unless I’m mistaken, they’ll only build it one time so there

will be no repeatable circumstances. How many oceans do we have?

Unbeknownst to residents, at the invitation of the city of Laguna

Beach in the spring of 2002, Clean Water Now! Coalition brokered a

series of meetings between the enviro-community and the city to

generate mutually agreed upon public outreach educational

information.

We acquiesced to adding our names to a press release proclaiming a

“Commitment to Compliance” for state and federal water quality

statutes in Laguna Beach. This paper was one of the many media

resources that received and printed this “Dawn of a New Day, “ a

clarion call of proposed strict enforcement beginning July 1. No more

Mr. Nice Guy, that was the message.

What can be deduced by the sanctions levied in this case?

That in its haste to marginalize this serious desecration of a

beach, the city intentionally failed to exhibit “due diligence” in

its follow-up investigation. Joined at the hip with the Montage,

experiencing the hand-rubbing greed of the anticipated bed taxes, the

city blatantly disregarded the very promulgations and edicts it had

championed only a few months previously.

If you run a red light in your car and get caught, unless on the

way to the hospital in a life-threatening emergency, the officer

issues you a citation that has teeth. Realize that the city, after

seducing the enviro-community, has abandoned the stated goals

preferentially. The deference shown in this case is inexcusable,

hence subsequent violators and legal counsel will rightfully point

this out when demanding equality -- that is, a minimal fine.

“Deterrence Drives Compliance,” says the U.S. Department of

Justice, EPA. Crime and punishment in Laguna Beach is basically “Bad

dog! Bad dog!”

The Laguna Beach City Council often brags that the buck stops with

them. In this case, it’s a shameful $100.

* ROGER VON BUTOW is the Founder of the Clean Water Now!

Coalition, and Co-Founder of the South Orange County Watershed

Conservancy. E-mail: [email protected]