DARIAN
CONSTRUCTION CO.
703 Pier Avenue, Suite B345
Hermosa Beach, California 90254
Tel. 310-428-8131
Fax 310-374-0134
November 26,
2001
Mr. Dennis Dickerson,
Executive Officer
Calif. Regional Water Quality Control Board
320 West 4th Steet, Ste. 200
Los Angeles, CA 90013
RE: Las Virgenes
Metropolitan Water District, Tapia and Related Facilities,
----L.A. County Sanitation
District for L.A. County, Pepperdine University, City of
Malibu Beach ----Reports and
Quarterly Non-Compliance Violations and Reports
Dear Mr. Dickerson:
This letter
shall serve as a formal request for inspection and copying
of documents referenced in paragraph four below. As you
may be aware, I am a Relator and Plaintiff with the United
States of America, in a False Claims qui tam suit United
States of America, ex. rel. Bruce Darian, et. al. v. Accent
Builders, Inc., et. al.
You may remember
that I served your office and yourself with the 60-day Notice
of Violation and Intention to Sue required under the Federal
Water Pollution Control Act and the Resource Conservation
Recovery Act prior to serving the defendants in the qui
tam action. This notice was sent on June 27, 2001 by certified
mail.
On Wednesday,
November 21, I had a meeting with your supervisor, Wendy
Phillips, who assured me that I would be able to inspect
the documents that I requested on Monday, November 26, 2001,
from 1:00 to 5:00 p.m. This has now been the second video-recorded
meeting that I have had at your offices where I have been
unsuccessful in inspecting the requested documents.
The several
excuses made by your staff, including your chief counsel,
as to why documents are not available or that they do not
exist (when in fact they do), and retracting promises within
a matter of minutes, clearly shows your staff's bad faith
and intention to circumvent my ability to efficiently inspect
the public documents contained in my initial request of
Wednesday, November 21. Documents requested for inspection
are: 1) all permits held by Las Virgenes Metropolitan Water
District, including but not limited to Tapia and its affiliated
facilities; 2) all permits held by L.A. County Sanitation
District for all of L.A. County; 3) all permits held
Mr. Dennis Dickerson,
November 26, 2001
Page 2
by Pepperdine University; 4) all permits held by the City
of Malibu; 5) all beach reports and test results for all
L.A. County beaches; 6) all quarterly non-compliance violations
and reports for the above permits; 7) all NPDES violations
for the above permits; and 8) any and all citations and
fines levied, including documentation of any fines actually
paid. All of the documentation requested is to go back ten
years or to the date first reported, whichever is greater.
Please be advised
that I will be video-recording inspection of documents and
any conversations related thereto.
Sincerely,
Bruce H. Darian
Relator to the United States of America
cc: Lisa Palombo,
Asst. U.S. Attorney
---Civil Fraud Section
C
O R R E S P O N D E N C E 
