Press Release June 3, 2015: Crystal Geyser Violates County Zoning, General Plan and State Planning Laws
The local community group W.A.T.E.R. (We Advocate Thorough Environmental Review) has hired land use and water attorney Donald B. Mooney to represent it in demanding that Crystal Geyser and the County government follow County law before allowing Crystal Geyser to start their plastic bottle manufacturing/tea brewing/juice bottling operation just outside the northern border of Mt. Shasta City.
On behalf of W.A.T.E.R., Mr. Mooney sent a letter today to the Siskiyou County Board of Supervisors and Crystal Geyser pointing out that the land in question has long been designated by the County's General Plan as a "Woodland Productivity" zone which specifically forbids heavy industrial uses (such as plastic manufacturing, and non-spring water beverage brewing and mixing, all of which are planned by Crystal Geyser).
According to the letter, the General Plan clearly specifies that Woodland Productivity land can only be permitted for
"Single-family residential, light industrial, light commercial, open space, non-profit and non-organizational in nature recreational uses, commercial/recreational uses, and public or quasi-public uses...”
After a lengthy and detailed citation of the relevant County ordinances that the Crystal Geyser project appears to violate because it is a heavy industry, the letter concludes with the following summary and prospect if no action is taken:
"Based upon the foregoing, W.A.T.E.R. requests that the County cease from issuing any permits for the Crystal Geyser facility. W.A.T.E.R. further requests that the Crystal Geyser refrain from taking any further action that would result in a violation of the County’s General Plan and/or Zoning Ordinance. To this end, W.A.T.E.R. requests that the County and Crystal Geyser inform W.A.T.E.R. that all future activities will comply with the General Plan and Zoning Ordinance.
"More specifically, that such future activities at Crystal Geyser’s Mt. Shasta facility will not include the manufacture of plastic bottles and will not involve the brewing of tea, nor the bottling of tea and juices. If W.A.T.E.R. does not obtain such assurances from the both the County and Crystal Geyser within two weeks of this letter, W.A.T.E.R. reserves the right to file an action in Siskiyou County Superior Court seeking declaratory judgment and injunctive relief."
The County has steadfastly claimed that all the permits for the Crystal Geyser operation (many of which have not yet been applied for) are "ministerial".
W.A.T.E.R. claims this is incorrect and, in fact, many of those permits are, and will be, "discretionary". Prior to granting discretionary permits the County must comply with the requirements of the California Environmental Quality Act. Such compliance would entail a complete environmental review of Crystal Geyser's proposed operation, including evaluation of all potential environmental hazards of the Crystal Geyser project, groundwater depletion and consequent threats to neighboring residential and city wells, noise, nighttime lighting, plastics fumes, toxic waste disposal, and truck traffic. Such an independent environmental review is necessary to protect the community against these hazards, to preserve the character and livability of this community, and to impose mandatory monitoring and regulation of the facility if and when it begins operation.
for We Advocate Thorough Environmental Review (W.A.T.E.R.)
LETTER TO BOARD OF SUPERVISORS
Attached below is the June 3, 2015 letter from W.A.T.E.R.'s attorney Don B. Mooney as was sent to the Siskiyou County Board of Supervisors and to the Crystal Geyser Water Company.
Crystal Geyser has reported that it will manufacture its plastic bottles from plastic resin or from plastic "preforms." (example shown above to left) Siskiyou County has recently issued building permits to Crystal Geyser for installing equipment and plumbing and electrical systems for plastic bottle blow-molding equipment and for plastic preform storage.
added on Thursday, June 4th, 2015 by W.a.t.e.r.