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T.O. COULD BE PROSECUTED; AGENCY CHARGES VIOLATIONS OF PIPELINE AGREEMENT.


Byline: Cecilia Chan Staff Writer

The city risks prosecution from a state regulatory agency state regulatory agency A state body responsible for establishing professional standards, and for certifying professionals or organizations through appropriate documentation  because of ``significant past violations'' committed during the repair of a major pipeline that burst and dumped 86 million gallons of raw sewage into the Pacific Ocean.

The California Department of Fish and Game has given the city until June 30 to comply with an agreement the two reached last year that called for the city to hand over 11 acres of property to offset environmentally valuable land disturbed during pipeline repairs.

The dispute has led to stricter requirements on the city as it continues to repair Unit W, one of the major sewer lines Noun 1. sewer line - a main in a sewage system
sewer main

main - a principal pipe in a system that distributes water or gas or electricity or that collects sewage
 leading to the Hill Canyon Treatment Plant.

``They've risked prosecution since last summer for their continuing violations,'' said Chris Long Chris Long is the name of the following:
  • Chris Long (director), director of Weeds and Smallville
  • Chris Long (football player), an American football defensive end who plays for the Virginia Cavaliers
, a Fish and Game patrol lieutenant overseeing the approval process for the second construction phase. ``At this point in time, from the city's lack of cooperation, prosecution is a viable option.''

Not fulfilling its end of the agreement violates state regulations, leaving the city and its officials open to misdemeanor misdemeanor, in law, a minor crime, in contrast to a felony. At common law a misdemeanor was a crime other than treason or a felony. Although it might be a grave offense, it did not affect the feudal bond or take away the offender's property. By the 19th cent.  charges, each punishable pun·ish  
v. pun·ished, pun·ish·ing, pun·ish·es

v.tr.
1. To subject to a penalty for an offense, sin, or fault.

2. To inflict a penalty for (an offense).

3.
 by a $1,000 fine and six months jail time. Other legal action could also be pursued.

``The city, its employees, their consultant, their contractors clearly violated vi·o·late  
tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates
1. To break or disregard (a law or promise, for example).

2. To assault (a person) sexually.

3.
 the law,'' Long said. ``Our normal protocol is to do an investigation and prosecute To follow through; to commence and continue an action or judicial proceeding to its ultimate conclusion. To proceed against a defendant by charging that person with a crime and bringing him or her to trial.  violators of the law.

``In this particular case, we have conducted an investigation, (and) we have offered the city the option to comply and mitigate by a certain date. It will be their decision if they do that or not. We expect to follow the normal protocol.''

Unit W ruptured rup·ture  
n.
1.
a. The process or instance of breaking open or bursting.

b. The state of being broken open.

2. A break in friendly relations.

3. Pathology
a.
 in February 1998 after heavy El Nino rains washed away some of the ground supporting the pipeline. An estimated 86 million gallons of raw sewage flowed into Arroyo Conejo before the emergency repairs were completed.

The state Regional Water Quality Control Board levied a record $2.3 million fine against the city, which officials are appealing.

Some $13 million in repairs were completed earlier this year to the most critical portions of the Unit W pipeline, but Fish and Game officials say the city failed to meet all the requirements outlined in the agreement for that first phase.

Specifically, Thousand Oaks Thousand Oaks, residential city (1990 pop. 104,352), Ventura co., S Calif., in a farm area; inc. 1964. Avocados, citrus, vegetables, strawberries, and nursery products are grown.  still has to turn over the 11 acres of either city land or land acquired outside of its limits to replace ecologically valuable property that had been disrupted.

``We want mitigation of high quality, of high biological value, and it has to be functional,'' Long said. ``The city owns a lot of property that would qualify within city limits.''

But city officials say there is no land they own or could acquire that could meet Fish and Game requirements, a stance supported by a study done by Boyle Engineering Corp. Sellers said the city would need to buy land outside its limits, something that could take up to a year to accomplish.

Because the land has not yet been set aside, Fish and Game has imposed even stricter requirements for the second phase of repairs. City officials have not yet agreed to the stipulations, so the project has stalled stall 1  
n.
1. A compartment for one domestic animal in a barn or shed.

2.
a. A booth, cubicle, or stand used by a vendor, as at a market.

b.
 and will not be completed this summer as officials had hoped.

City Attorney Mark Sellers dismissed any suggestion that Fish and Game would pursue charges against the city, hopeful for a resolution.

``It's silly for a governmental agency to try to prosecute another governmental agency,'' Sellers said. ``The public doesn't want to see that . . . a waste of public money.''

Sellers said he believes that Fish and Game is withholding Withholding

Any tax that is taken directly out of an individual's wages or other income before he or she receives the funds.

Notes:
In other words, these funds are "withheld" from your wages.
 approval for Unit W repairs because it opposes city plans for an 18-hole golf course in Hill Canyon.

``I think they want to kill the golf course and turn the heat up and attack a project not even before them,'' Sellers said. ``They told us if we would just kill the golf course, their attitude on Unit W would change.''

Sellers declined to name the official who made the statement, but Long denied that anyone from his agency had said it.

``We are not standing in the way of the city,'' he said. ``The city could have the agreement tomorrow morning if they wanted one.''
COPYRIGHT 1999 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Jun 20, 1999
Words:697
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