Posted by: thepinetree on 09/28/2019 08:41 AM
Updated by: thepinetree on 10/01/2019 09:18 AM
Expires: 01/01/2024 12:00 AM
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Massive Marijuana Expansion Proposed! An Absurd Blank Check! ~ Alice Montegomery
San Andreas, CA...Calaveras County has a massive commercial marijuana expansion proposal in the works Oct. 1. Advocates are hoping you don’t catch on. If you think the Urgency Ordinance was a mess and Measure D was misleading, this proposal makes those two look benign Let's take a look. The County and pro-commercial marijuana advocates are gambling with your tax dollars while trying to pull a fast one. Against the State’s demand not to, the County is using an old, inappropriate Environmental Impact Report (EIR) created for a 3 year old, never used, obsolete, never adopted regulation. Then they’re cannibalizing it with an incomplete, vague, illegal addendum. The State of California has said these are both clear violations of CEQA (California Environmental Quality Act). The Planning Commission Chair and Planning Director knew this, but forged on with the imposter documents. Whenever there’s a change or new project, a new EIR is mandated. Even the Planning Chair stated on the record on 9/18/19 at 11:50 a.m.: “In this case we have a new project that was presented to us.” Michelle Plotnik
 
What’s Going On?
The General Plan Isn’t Complete. No new industry can be introduced into a County unless and until a General Plan is adopted, enacted, and implemented,” according to the State Governor’s Office of Planning and Research as confirmed Feb. 26, 2019 at 3:20 p.m., with Director Kate Gordon. The County is ignoring this law too.
The Urgency Ordinance expired 2/14/18. Zero mitigation has been done (no pollution cleaned up) as required by law. No environmental damage has been righted, no stream
diversions are corrected, and garbage, chemicals, hazardous and human waste lie in the wake of grows. Stream diversions remain uncorrected. Environmental damage is mounting.
What’s New in This New Proposed Addendum and “Regulation?’
Almost everything. It’s very likely going to adversely affect your health, your safety, and our environment. Square Footage and Amount of Grows multiply. On 9/12/19 on record Planning Director Peter Maurer indicated he “doesn’t know” the amount of parcels this proposed regulation affects.
An infinite number of growers can co-locate on each lot making pollution harder to track.
Growers can grow in residential areas.
Growers can use leased land which burdens the land owners who have Perpetual Liability for Hazardous Materials, chemicals and Hazardous Waste used on their lands.
The applicant pool is open to anyone, including formerly rejected criminal growers.
Growers can grow before receiving a fully executed Permit through “Special Plans, “Conditional Use Permits,”“Administrative Use Permits,”Validations” and other bogus
interim titles.
(Manufacturing) is buried in this regulation as referenced in 3 CCR §8000. They’re adding Manufacturing, among other things including cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in that chapter.
Self-Distribution . They are removing a critical safety process that directly affects consumers. Growers deliver their own product without the additional checks and balances of a professional distributor. Skipping this crucial Chain of Custody step endangers the customer by making the product less safe for the consumer.
Removing Law Enforcement’s Ability to Protect Us - The Fox Watching the Chickens
The County has removed Sheriff DiBasilio and District Attorney Yook’s involvement in the carefully crafted Background Check provision. Instead they want a Cannabis Cultivation Dept. to take over this responsibility, which is most certainly counterproductive to public safety.
The County reduced violations of California Cannabis laws from the State-mandated misdemeanor per HS 11358, to an infraction.
Environmental, Health and Safety Components Missing in Proposed Addendum/Regulation
No requirements for regularly scheduled inspections by County Environmental, Health, and Safety (Risk) and no requirement that a County Environmental Risk Specialist Attend all site (premise) inspections
Call-outs insufficient to comply with all pertinent local, state and federal regulations Insufficient and inapparent training for commercial cultivation owners, managers, and workers
No call-outs for Personal Protective Equipment. No adequate restrictions on use of unspecified ingredient containing amendments, also defoliants, fungicides, herbicides, pesticides, rodenticides, chemicals, hazardous materials, hazardous waste, and other contributing restricted materials.
No call-outs for proper handling, storage, training, and disposal of these chemicals that should not be allowed in the first place
No call-outs for Record keeping
No call-outs for critical Fed-mandated info to provide to local emergency first responders in accordance with Fed Osha with regard to chemicals, hazardous materials/hazardous waste.
No call-outs for proper fencing. The called out 6 foot tall see-through easily-scalable chain link fence is atrocious and unsafe. At minimum, fences surrounding commercial marijuana must be at least 8’-0” tall, of wood or wood-similar material, and utilize a security lock that will prevent children from access.
Limiting the Public’s Right to Comment and be Informed
9/12/19 The Planning Chair unlawfully prohibited Public Comment despite our reasonable, calm, and civil request to comment as per CEQA. She then evidently called the Sheriff.
9/18/19 The Planning Chair again unlawfully prohibited us from Public Comment. Later in the day we were told we’d have 3 minutes instead of the published 5 minutes, despite pointing out to her that the published allowed Public Comment period is 5 minutes.
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