TAPIA/TRIUMFO 909. Relator is informed and believes that defendants are in violation of a permit, standard, regulation, condition, requirement, prohibition, or order – as follows (Exhibit 20): NPDES No. CA0066014, C1-4760 NPDES Permit Order No. 99-066 NPDES Permit No. CA0064271, C1-8059 Order No. 00-046 - Amending Order No. 99-066 No. C1-8059 Order No. 94-055 - Pepperdine Order No. 97-135 - Amended by Order No. 98-030 Order No. 99-142 Order No. 97-136 C1-4760 NPDES CA0056014 - INFL/EFFL Non-NPDES 79-107, Rancho Las Virgenes Non-NPDES 64-104, Reclaimed Water NPDES CA 0994001, Groundwater Relator believes that defendants are in violation of an effluent standard or limitation under the Federal Water Pollution Control Act, 33 USCA §§ 1251 et seq., and the Resource Control Recover Act, 33 USCA §6972 et seq. as follows: In 1996, California DPR discontinued the practice of artificially breaching the sandbar because of opposition from California Department of Fish and Game, the U.S. Fish and Wildlife Service and others. The breaching has now been disallowed by the Army Corps of Engineers. There has been, and continues to be, unofficial and unsanctioned breaching of the lagoon sandbar. TAPIA/TRIUMFO · Violation of Orders - as follows: NPDES No. CA0066014, C1-4760 NPDES Permit Order No. 99-066 NPDES Permit No. CA0064271, C1-8059 Order No. 00-046 - Amending Order No. 99-066 No. C1-8059 Order No. 94-055 - Pepperdine Order No. 97-135 - Amended by Order No. 98-030 Order No. 99-142 Order No. 97-136 C1-4760 NPDES CA0056014 - INFL/EFFL Non-NPDES 79-107, Rancho Las Virgenes Non-NPDES 64-104, Reclaimed Water NPDES CA 0994001, Groundwater • Breaching lagoon • Higher levels of contaminants than allowed • Violating Army Corps of Engineers prohibition of breaching Excerpt from Order 99-066 of the Reporting Requirements for the Tapia NPDES Permit: It is hereby ordered that the Las Virgenes Municipal Water District, as operator of the Tapia Water Reclamation Plant, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, and the provisions of the Federal Clean Water Act and regulations and guidelines adopted thereunder, shall comply with the following: I. DISCHARGE REQUIREMENTS A. Effluent Limitations 1. Waste discharged shall be limited to tertiary treated municipal wastewater from Tapia Water Reclamation Plant from May 1st through October 31st of each calendar year only, as proposed. 2. The discharge of tertiary treated effluent with constituents in excess of the following effluent limitations is prohibited: (a) Conventional and Nonconventional Pollutants: Constituent BOD520°C Suspended solids Settleable solids Cyanide Total residual chlorine Total phosphates-P Total Dissolved solids Chloride Sulfate Fluoride Barium Detergents (as MBAS) Nitrite-N Nitrite + Nitrate (as N) Aluminum Iron Manganese Boron (b) Toxic pollutants (metals): Constituent Antimony[6] Arsenic[6] Beryllium[6] Cadmium[4,6] Chromium VI[5,6] Copper[4,6] Mercury[6] Nickel[6] Selenium[6] Silver[4,6] Tallium[6] Zinc[4,6] Lead[6] (c) Toxic pollutants (organics): Constituent Benzene Bromoform Bromodichloromethane Carbon tetrachloride Chloroform 2,4-D Dibromochloromethane Ethylbenzene 2,4,5-TP Silvex Tetracholoethylene Toluene Vinyl Chloride 1,1-Dichloroethane 1,1-Dichloroethylene 1,1,2-Trichloroethane 1,1,2,2-Tetracholorethane 1,2-Dichloroethane 1,2-Dichloropropane 1,2-Trans-dichloroethylene Pentachlorophenol 2,4,6-trichloropheol Bis(2-chloroethyl)ether Bis(2-ethylexyl)phthalate Hexachlorobutadiene Hexachloroethane Methyl chloride N-nitrosodimethylamine N-nitrosodiphenylamine 1,2,4-Trichlorobenzene 1,4-Dichlorobenzene 2,4-Dinitrotoluene 4-4'-DDT Aldrin Chlordane Endrin Gamma-BHC(Lindane) Total PCBs Toxaphene Diazinon Dieldrin Footnotes to discharge limitations: [1] If the constituent is less than the method detection limit, compliance with the constituent limit shall be based on the PQL (Practical Quantitation Level). PQL shall be determined by multiplying the USEPA method detection limit (MDL) shown in Attachment 1 or the Discharger's performance MDL approved by the Executive Officer, with the factors five (5) for carcinogens or ten (10) for noncarcinogens. [2] The daily maximum effluent concentration limit shall apply to both flow weighted 24-hour composite samples and grab samples, as specified in the monitoring and Reporting program (Attachment T). [3] The mass emission rates are based on the plant design flow rate of 2.0 mgd. [4] Concentrations corresponded to a total hardness of 100 mg/L and water effect ratio of 1.0. For other conditions where total hardness exceeds 100 mg/l, the limits can be calculated by following 40 CFR §131.6(b)(2) and/or a water effect ratio study according to USEPA guidance documents and/or state protocols, if applicable. [5] The discharger has the option to meet the hexavalent chromium limitations with a total chromium analysis. However, if the total chromium level exceeds the hexavalent chromium limitation, it will be considered a violation unless an analysis has been made for hexavalent chromium in replicate sample and the result shows within the hexavalent chromium limits. [6] Concentration expressed as total recoverable. [7] Based on the performance goal of the effluent. If the limit for total phosphates in the NPDES permit (NPDES No. CA0056014) for the discharge to Malibu Creek is revised, the limit based on the performance goal in this Order may also be revised. 910. TAPIA/TRIUMFO has every consecutive year violated it's permits by discharging into Malibu Creek during the imposed May 1, to November 1 and was amended to April 15, to November 15, every year. 911. TAPIA/TRIUMFO'S discharge of nitrates into the creek were so far in violation ,that the entire lagoon would be covered over with algae eliminating any visibility of water making it look like a "lake frozen over" with algae. 912. TAPIA/TRIUMFO violated its permit not warning the public of "Reclaimed Water In Use" and allowing the public to go un warned. 913. Defendants permits do not allow foaming to take place on the water, Relator observed on dozens of occasions while working on the Malibu Pier large plums of "brown foam" floating eastward toward Santa Monica. 914. Relator videotaped the water "foaming" in the Malibu Lagoon on or about July 6, 2001 and flowing into the ocean in violation of the Federal Permit. 915. Defendant's own records of testing do not allow for tracking the pollution levels on many of its listed pollutants to enable a proper analysis of its discharges. 916. Relator served the Defendants with the required 60 day notice of intent to sue under the Federal Water Pollution Control Act and the Resource Conservation Recovery Act. 917. TAPIA/TRIUMFO, its administrator,COLBAUGH, and LEMIEUX, a member of the Board of Director, have overseen the massive discharge from the TAPIA facility for several years. The TAPIA/TRIUMFO facility has violated several of its NPDES permits, by way of illegally discharging effluent between April 15 to November 15 every year; allowing high levels of nitrate, which in turn has caused large algae growth in the lagoon, killing off the flora and fauna of the lagoon; allowing for foam in the lagoon and draining out into the ocean, which relator video taped in July, 2001; and not providing proper signage showing the drainage of reclaimed water. 918. The defendants base their reporting on a 2 million gallon per day discharge when they average between 8 to 10 million gallons of treated sewage and do not provide for several of the monthly averages in their reporting constituting a false record and entry. PEPPERDINE 919. PEPPERDINE Order No. 94-055 - Pepperdine Illegal dumping into Marie Canyon, Summer 2000. Non-conformance with permit. 920. PEPPERDINE has been in continuous violation of their signage by not warning people of the use of "Reclaimed Water" which is a mandatory requirement of their NPDES permit and a requirement of the Federal Water Pollution Control Act. 921. PEPPERDINE previous to being served with the required 60 day notice of intent to sue, had used intentionally small brass plates affixed to large rocks several hundred feet from the highway and were not legible and did not warn of the use of reclaimed water. 922. PEPPERDINE, after being served with the notice and being in violation for several years changed the signage on or about July 7,2001 and are now close to the highway and read Reclaimed Water In Use. 923. This immediate changing of the signage was no oversight but a carefully planned system of noncompliance and deception towards the public to hide the use of toxic water to water the expansive lawns at PEPPERDINE. 924. PEPPERDINE had little regard for safeguarding the health of the students and others including small children that have picnicked on the lawns. 925. While Relator was co-chair of Malibu's Public Safety Committee, Dr. Dan Hillman expressed to Relator of the problem of raw sewage flowing to the beach from Marie Canyon on a regular basis in 1995. Hillman was also a member of the committee and a longtime resident of Malibu Road and owns a beach house of which the sewage runs past. 926. PEPPERDINE uses Marie Canyon as a regular means of allowing sewage to flow to the sea without regard of destruction to the environment. 927. Relator will further determine the extent of its NPDES permit violations after discovery of its numerous discharges upon inspection of defendant's records, which are not available. 928. Relator, under the statute, is not obligated to describe with scientific specificity the causes for the violations as that can only be ascertained after scientific experts have reviewed the records. 929. Relator served the required 60 day notice of intent to sue under the Federal Water Pollution Control Act and the Resource Conservation Recovery Act. 930. The non discretionary requirement of clearly warning anyone that can come in contact with the toxic water must have "RECLAIMED WATER IN USE" clearly posted . 931. PEPPERDINE only posts a few signs along Pacific Coast Highway and two signs by it's two ponds which read "RECLAIMED WATER KEEP OUT" there are no other sign on it's sprawling campus of several hundred acres. 932. PEPPERDINE and P. PHILLIPS create a "false certification" by not following the mandatory law of posting to protect the public from coming in contact with the tainted water. 933. PEPPERDINE and P. PHILLIPS have and continue to expose the students and others to the toxic water. 934. P. PHILLIPS is the representative for PEPPERDINE in managing its National Pollution Discharge Elimination System permits that are issued to the University from the U.S. Environmental Protection Agency and are to be throughly regulated by the California Water Quality Control Board. 935. PEPPERDINE did have communication with a government Agency PEPPERDINE is issued NPDES permit and is to follow all of the conditions as it's privilege to discharge to a U. S. water. Its mandatory compliance is not a subjective right. 936. PEPPERDINE has falsified it certifications to a government agency. Pepperdine's willful lack of adherence to the conditions of the permit are a "False Claim" to the government through a "False Certification" made to the government. 937. PEPPERDINE has made numerous fraudulent Misrepresentations. PEPPERDINE did not properly warn the public of the use of toxic reclaimed water. There permit requires visible signage warning the public that "Reclaimed Water In Use" and insuring that the general public does not come in contact with this toxic water. 938. PEPPERDINE failed to warn the beach front property owners of it's discharge of "Reclaimed Water In Use" nor did it disclose when it was discharging "Untreated Sewage" to the ocean a direct violation of its permit and the Federal Water Pollution Control Act. PEPPERDINE deliberately concealed the use of "Reclaimed Water" because the general public does not understand how all of the massive discharge is destroying and has destroyed the environment and has caused sickness in thousands of people. PEPPERDINE'S secrecy of the "Reclaimed Water" is also in collusion with TAPIA/TRIUMFO and it's Massive Discharge. L.A. COUNTY/CALABASAS LANDFILL/WIPPERT 939. Relator alleges that, of all its NPDES permits, the L.A. COUNTY has a minimum of 100 permits that are in serious violation on a daily basis, and have been over the past five years. 940. The relator does not have to state with scientific specificity what these violations are, as the relator does not have access to all of the County's data; however, the County violates its permits by not testing and documenting the pollutants that are in excess of those allowed under its permits. 941. The County does not provide for the required signage, "Reclaimed Water In Use," in all areas where reclaimed water is being used. 942. The County is the largest single violator for illegally dumping raw sewage into the ocean. 943. The County's landfills and sanitation facilities produce high levels of several highly toxic substances, which include: (a) Conventional and Nonconventional Pollutants: Constituent BOD520°C Suspended solids Settleable solids Cyanide Total residual chlorine Total phosphates-P Total Dissolved solids Chloride Sulfate Fluoride Barium Detergents (as MBAS) Nitrite-N Nitrite + Nitrate (as N) Aluminum Iron Manganese Boron (b) Toxic pollutants (metals): Constituent Antimony[6] Arsenic[6] Beryllium[6] Cadmium[4,6] Chromium VI[5,6] Copper[4,6] (c) Toxic pollutants (organics): Constituent Benzene Bromoform Bromodichloromethane Carbon tetrachloride Chloroform 2,4-D Dibromochloromethane Ethylbenzene 2,4,5-TP Silvex Tetracholoethylene Toluene Vinyl Chloride 1,1-Dichloroethane 1,1-Dichloroethylene 1,1,2-Trichloroethane 1,1,2,2-Tetracholorethane 1,2-Dichloroethane 1,2-Dichloropropane Total PCBs Toxaphene Diazinon Mercury[6] Nickel[6] Selenium[6] Silver[4,6] Tallium[6] Zinc[4,6] Lead[6] 1,2-Trans-dichloroethylene Pentachlorophenol 2,4,6-trichloropheol Bis(2-chloroethyl)ether Bis(2-ethylexyl)phthalate Hexachlorobutadiene Hexachloroethane Methyl chloride N-nitrosodimethylamine N-nitrosodiphenylamine 1,2,4-Trichlorobenzene 1,4-Dichlorobenzene 2,4-Dinitrotoluene 4-4'-DDT Aldrin Chlordane Dieldrin Endrin Gamma-BHC(Lindane) WIPPERT is the facilities site superintendent who has actual knowledge of the operations at CALABASAS LANDFILL it is noticeably operated on top of the Malibu Creek thereby giving it clear access to discharge at any time to the ocean. The facility uses extensive "Reclaimed Water" on watering its expansive grass to cover its massive grading that has scared one of the greatest canyons in California WIPPERT knows that all or many of the highly toxic substances that go to TAPIA/TRIUMFO and then discharged to the ocean derive from the landfill activity, it also knows that the land fill nor TAPIA/TRIUMFO can filter out these highly caustic cancer causing substances from its treatment facility, WIPPERT and the CALABASAS LANDFILL also know or should know that it has and continues to have little or no control over the hidden banned substances that are delivered and dumped everyday through its massive operation. It also knows or should know that the cyanide that is generated from the facilities massive operation contaminates the creek and kills off wildlife and deposits into the ocean. L. A. Sanitation knows that the heavy metals that come from the facility cause brain damage to humans who ingest the toxic substances. The facility knows that it provides no collection of the substances that leach from its landfill and know that those substances are readily traceable to the landfill. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD 945. DICKERSON is the executive director and is charge of the "Board." DICKERSON has greatly under reported significant water pollution violations over a significant period of time defrauding Congress's intent on safeguarding the countries oceans and waterways. 946. W. PHILLIPS the chief of the storm water section of the board is equally responsible for the "Boards" inaction in fining the violator's of the thousands of "non discretionary " violations of those NPDES permits allowing for the massive and irreparable destruction to the Santa Monica Bay. 947. DICKERSON is well aware of the lack of testing that is needed to identify and correct the sources of pollution, by not testing there is not an accurate record for which a fine can be imposed. 948. This lack of testing becomes a "False Record" and a "Reverse False Claim." By allowing deliberate ignorance to prevail the violators are allowed to gain profits in their businesses and gain production illegally. 949. The ease in which the violations are accomplished is great, the violators are self monitored and can easily hide their discharges, the matters that constitute the violations are generally invisible or only slightly discolored, once the material reaches a waterway it becomes inaccessible to the public and no longer can be identified, once the polluted water reaches the Pacific Ocean it can no longer be retrieved and becomes even harder to determine the source. 950. Relator maintains that as many as 100 violations a day are allowed to go unchecked and cited to the federal permits constituting a $2,500,000.00 penalty a day and constitutes a mandatory fine under the statute. 951. The U.S. Treasury has been denied payment of which it is owned and of which the relator is entitled to a portion in excess of 2 billion dollars. 952. The Los Angeles County's 250,000 storm drains that feed to the Los Angeles River and to the Pacific Ocean serve the county by acting as trash collectors saving the county millions of dollars a year by not properly sweeping the streets and intentionally using the waterway to remove it's garbage. 953. DICKERSON and W. PHILLIPS use a system of under testing with the county to allow for the violations. 954. The ocean is only tested for bacteria of only 3 tests are made instead of the more that 100 serious toxic substances that are discharged in to the ocean and would need to be tested to regulate the violations. 955. Defendants do not allow the Quarterly Non Compliance Reports to be published and made a record on the internet regarding Region 4 which is the Los Angeles County other states such as Texas made the violations a public record on the internet. 956. The permits are so ill regulated that they have become a "Good Old Boy " system of not imposing fines for the violations and the Constitution and Congress's specific laws that were passed do not allow government employees to bind the government to fraud. CLICK HERE FOR MORE INFORMATION