California Environmental Legal Questions

Do you think that there is a leak on your side of the meter?  There is an easy check.  Turn off all of the water inside and outside of the house.  If the meter spins, then water is running past the meter and you have a leak. If it's not due to a leak and you think that this is a billing issue, then call the water company.  Ask them to calibrate the meter.  Ask them to review your bill.  Ask them to explain the bill to you.  Be persistent.  They are going to stonewall you along the way.  Be nice, but firm.  If that doesn't work, then write a demand letter.  If they don't respond, then sue in small claims court for the overcharges.  You can sue in small claims court for up to $10,000.... Read More

Dear Anonymous- You should immediately take the following steps to address you dilemma: 1. Go onto the U.S. EPA website http://www.epa.gov/ and/or CalEpa http://www.envirostor.dtsc.ca.gov/public/ and/or State Water Resources Control Board website http://geotracker.waterboards.ca.gov/ and download the information about your neighborhood and the arsenic information. 2. Contact the USEPA/DTSC/RWQCB Manager for the site. Give him/her your address and request copies of all test results for your specific address/lot number that are not already posted on these websites. You will need objective scientific data about your house for your lender rather than anecdotal information such as "the grass won't grow." If the USEPA/DTSC/SWRCB has not sampled your lot yet request that they do - - you and your family's health may be at risk. 3. Send all information by certified mail with a cover letter to your lender. Lenders generally do not foreclose on contaminated property and do not even want the legal or financial responsibility for managing it. Hence, the importance of having actual information about your lot. 4. You may want to call your County's lawyer referral service. The fact your lot sits above or adjacent to a contaminated site may have been known to your seller and/or its agent. You may have rights against them that may soon be expiring. Good luck and God Bless! Tom Bois    ... Read More

I am only licensed to practice law in the State of Ohio, so I cannot provide a definitive answer about your California issue.  However, because much of the environmental law practice is based on the federal laws and regulations...sometimes implemented by the states, I can provide the following general comments based on my 22 years of environmental law practice. First of all, is USEPA or Cal/EPA the lead agency in your matter?  If it is USEPA, I suggest that you review the USEPA's guidance document on "Ability to Pay." http://www.epa.gov/compliance/resources/policies/cleanup/superfund/genpol-atp-rpt.pdf Generally speaking, USEPA is not interest in taking an older person's home or social security income to pay for remediation costs at an old site.  On the other hand, they don't like the idea of people passing on significant wealth to family instead of using it to clean up sites contaminated by the person's former business.  My suggestion is to contact USEPA (or Cal/EPA) to obtain the required forms to show that your father does not have "the ability to pay" for the cleanup.  That may involve submitting 5 years of tax returns. You may be able to help your father file the required paperwork without an attorney. Good luck. Daniel A. Brown, Esq. - Brown Law Office LLC, Dayton, Ohio... Read More