DA lawsuit seeks penalty from coastal businessman

For the various alleged violation of state codes related to health and safety, fish and game, as well as business and professions; the district attorney is seeking at least $430,000 and the cost of the lawsuit, according to the complaint.

Rogers adamantly denies all of the allegations and said he’s worked hard to improve and care for his property in the hills. But in the midst of litigation, Rogers said he couldn’t comment further on the case.

Deputy District Attorney John Wilson, who’s in charge of the county’s consumer and environmental protection division, said the suit is about upholding regulations aimed at benefiting the public and environment.

“We really live in a beautiful place in the world, and our coastline, our mountains, our forests, are just wonderful opportunities for both recreation and for tourism, which is a major industry,” Wilson said. “The DA’s office, working with our partners, we believe the enforcement of environmental laws is essential both to protect public health and our natural resources, and also to protect the economy.”

Several of the alleged environmental violations stem from a road and bridge that were built without proper permits. The suit alleges the construction caused deposits of hazardous materials, such as asphalt, on the banks of the San Gregorio Creek. During a September 2015 inspection, officials determined Rogers diverted water from the creek through a pump, as well as by laying a large tarp across the creek, according to the lawsuit.

“Even dirt is something that deleterious or harmful to the wildlife that’s living in the creek,” said Deputy District Attorney Crystal Chau, who added there were “two separate sites where there was a pump in the creek pumping water into a water truck.”

Despite efforts to work with Rogers, they were unable to resolve most of these issues prompting the lawsuit, Wilson said.

An attorney representing Rogers did not return a request for comment.

The cases were referred to the District Attorney’s Office by the California Department of Forestry and Fire Protection, the California Department of Fish and Wildlife, as well as the county’s Environmental Health Services Division. After a lengthy investigation, the District Attorney’s Office filed the lawsuit in civil, not criminal court, said Wilson and Chau.

The allegations include Rogers engaged in illegal timber operations by creating 1,000 feet of a new road on his land in the hills without receiving a license or state permit, according to the lawsuit.

A number of the alleged violations of the hazardous waste laws relate to Rogers not having proper precautionary measures in place. For example, failing to implement a plan for emergency response in case of a hazardous material spill. Other alleged violations include he improperly labeled containers with hazardous waste, failed to properly handle used oil, and inadequately maintained an above-ground petroleum storage tank, according to the lawsuit.

Wilson noted complying with these types of regulations can be costly, but skirting the rules is unfair to other law-abiding businesses.

“In many instances it’s not cheap for businesses to comply with environmental regulations,” Wilson said, while adding the majority do abide by the rules. “It’s not fair for an individual or a business to violate environmental laws, cause harm to the environment, endanger public health and not be held to the same standard. Not only does it damage our resources, but it also creates an unfair and un-level playing field.”