Dec. 2, 2008 — The California Regional Water Control Board, Lahontan Region, seeks public comment on a proposed settlement of claims and alleged violations associated with Everd McCain, B. J. Dieis, and McCain Associates. McCain allegedly violated California water quality protection laws and regulations associated with discharges of sediment from the construction and maintenance of Buz and Skeet Dams on Willow Creek and the partial failure of these dams.

Written comments must be received by the Harold Singer, California Water Quality Control Board, 2501 Lake Tahoe Blvd., South Lake Tahoe, CA 96150 by 5 p.m. on Monday, Dec. 29. Electronic comments can be sent to hsinger@waterboards.ca.gov.

The board will consider the approval of the proposed settlement at its Jan. 14-15 meeting. The board will not hold an adjudicatory proceeding or evidentiary hearing at the January meeting, but it will decide to accept or reject the proposed settlement after considering information presented to the board.

McCain said he and the water board “reached a compromise on their allegations without admitting guilt. I’m happy about that.”

He said the water rules define “waste” as anything mankind puts in a creek. He said if a rock naturally falls into a creek, it is not considered waste, but if a human puts a rock in a creek, it is defined as waste.

According to McCain, he has a water right that allows him to store water from Willow Creek and use it for irrigation.

The proposed settlement calls for McCain to pay an administrative liability of $65,000 over a three-year period.

McCain also must inspect and maintain the stabilization and runoff control/treatment measures and the fish passage measures and report to the water board annually.

In addition, McCain must comply with any water quality certification conditions, submit a permit application accompanied by approved design plans and submit a proposal addressing the final fate of the dams if they cannot be rebuilt due to decisions rendered by the water board or any other governmental agency.

McCain said he has repaired the dams, installed a fish ladder and mitigated for any damages.

Visit the water board’s Web site at waterboards.ca.gov/lahontan to view the settlement documents.

For more information, call Chuck Curtis at 542-5460 or Scott Ferguson at 542-5432.