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  • Category Archives Who is Responsible?
  • More DOE Fees Increased By Rule

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    —– Original Message —–

    From:Ballard, Laura (ECY)

    To:ECOLOGY-WAC-TRACK@LISTSERV.WA.GOV

    Sent: Tuesday, July 25, 2017 6:43 AM

    Subject: The following rulemaking adoption was filed with the Office for Chapter 173-224 WAC, Water Quality Permit Fees

    The following rulemaking adoption was filed with the Office of the Code Reviser:

    July 20, 2017

    Chapter 173-224 WAC, Water Quality Permit Fees (previously called Wastewater Discharge Permit Fees) For more information:

    http://www.ecy.wa.gov/programs/wq/ruledev/wac173224/1611ov.html

    To join or leave ECOLOGY-WAC-TRACK click here:

    http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-WAC-TRACK

    Thank you for using WACTrack.

    Have a good day!

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    RCW 90.48.465 – Water Pollution Control requires that Ecology establish, by rule, annual fees that fund the wastewater and stormwater permit programs.

    Ecology amended Chapter 173-224 WAC – Wastewater Discharge Permit Fees. This amendment allows permit fees to be increased for Fiscal Year 2018 (July 2017 – June 30, 2018) and Fiscal Year 2019 (July 2018 – June 2019) so that we can recover the cost of administering the wastewater and stormwater programs this biennium.

    Scope of rule development

    State law (RCW 80.48.465 – Water Pollution Control) requires Ecology to fund its wastewater and stormwater permit programs through annual fees paid by permit holders.

    The proposed changes sought to continue moving the program toward payment equity between permit categories. Ecology adopted a larger percentage fee increase for underpaying categories and a smaller percentage fee increase for overpaying categories.

    Ecology’s goals in establishing the percentage splits are to honor the need for fund equity while not over-burdening the under-paying categories with an increase that is not sustainable.

    We updated rule language to account for changes in current business practices relating to electronic payment options, collection processes, and data collection. We also removed the winery general permit fee category for the 2017-19 biennium, as this new permit will not be effective until July 1, 2019.

    The adopted percentages increases by category are:

    Underpaying Fee Categories
    SFY 2018
    (July 1, 2017 – June 30, 2018)
    6.37%
    • Aluminum Alloys
    • Aluminum and Magnesium Reduction Mills
    • Aluminum Forming
    • Aggregate Production – Individual and General Permits
    • Aquatic Pest Control
    • Boatyards (Individual and General Permits)
    • Coal Mining and Preparation
    • Concentrated Animal Feeding Operations
    • Dairies
    • Iron and Steel
    • Metal Finishing
    • Nonferrous Metals Forming
    • Ore Mining
    • Private and State Owned Facilities
    • Shipyards
    • Stormwater Construction (Individual and General Permits)
    • Stormwater Industrial (Individual and General Permits)
    • Stormwater Municipal Phase 1 and 2 Permits
    SFY 2019
    (July 1, 2018 – June 30, 2019)
    5.58%
    Overpaying Fee Categories
    SFY 2018
    (July 1, 2017 – June 30, 2018)
    5.50%
    • Aquaculture
    • Combined Industrial Waste Treatment
    • Combined Food Processing Waste Treatment
    • Combined Sewer Overflow System
    • Commercial Laundry
    • Crop Preparing (Individual and General Permits Facilities
    • Not Otherwise Classified (Individual and General Permits)
    • Flavor Extraction
    • Food Processing
    • Fuel and Chemical Storage
    • Hazardous Waste Cleanup Sites
    • Ink Formulation and Printing
    • Inorganic Chemicals Manufacturing Noncontact Cooling Water With Additives (Individual and General Permits)
    • Noncontact Cooling Water Without Additives (Individual and General Permits)
    • Municipal Wastewater – >250,000 Residential Equivalents
    • Organic Chemical Manufacturing
    • Petroleum Refining
    • Photofinishers
    • Power and/or Steam Plants
    • Radioactive Effluents and Discharges
    • RCRA Corrective Action Sites
    • Seafood Processing
    • Solid Waste Sites
    • Textile Mills
    • Timber Products
    • Vegetable/Bulb Washing Facilities
    • Vehicle Maintenance and Freight Transfer
    • Water Plants (Individual and General Permits)
    SFY19
    (July 1, 2018 – June 30, 2019
    4.50%

    More information on the fees is available for Fiscal Years 2018 and 2019.

    INDEED, THE DOE DID…..  update their rules language to account for changes in current business practices relating to electronic payment options, collection processes, and data collection.

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    More information on DOE  fees is available……

    WHERE THE GOVERNMENT DOES MOST OF MY BUSINESS!

    Behind My Back | Drowning in Stormwater Runoff Tax?

    www.behindmyback.org/2014/03/16/drowning-in-stormwater-runoff-tax/

    Mar 16, 2014WHO IS Drowning in WA STATE Stormwater Runoff Tax? …. http://daily.sightline.org/2013/05/09/the-skinny-on-was-new-stormwater-permits-1/.

    THE Regional Stormwater Monitoring Program (RSMP)

    Participants in The Phase I and II permit will help fund the monitoring and data analysis  (KING COUNTY, FOR EXAMPLE, MUST PAY $15,000 FOR THE FIRST YEAR AND $74,540 FOR SUBSEQUENT YEARS TO PARTICIPATE.)

    The updated rules are contained in the state’s new Municipal Stormwater permits which are administered by the Washington Department of Ecology.

    ECOLOGY IS DESIGNATED BY THE ENVIRONMENTAL PROTECTION AGENCY TO UPHOLD THE FEDERAL CLEAN WATER ACT

    Phase I Washington Municipal Stormwater Permit

    (COERCED) Participants in THE PHASE I permit will help fund the monitoring and data analysis. (KING COUNTY, FOR EXAMPLE, MUST PAY $15,000 FOR THE FIRST YEAR AND $74,540 FOR SUBSEQUENT YEARS TO PARTICIPATE. in The Regional Stormwater Monitoring Program (RSMP)

    Phase II Western Washington Municipal Stormwater Permit

    The Phase II permit for western Washington covers at least 80 cities and portions of five counties with an effective date of September 1, 2012. The updated 2013-2018 permit became effective on August 1, 2013.

    The new PHASE II MUNICIPAL STORMWATER PERMIT, which covers the next most populated areas and affects nearly 100 cities around the state.

    (COERCED) Participants in THE PHASE II permit will help fund the monitoring and data analysis.

    ECOLOGY IS DESIGNATED BY THE ENVIRONMENTAL PROTECTION AGENCY TO UPHOLD THE FEDERAL CLEAN WATER ACT


  • WA State DOE Emergency Fee Rule?

    July 20, 2016 Public Records Emergency Rule WAC 173-03-9000E Calculation of actual costs of producing copies of public records declared to be unduly burdensome—Adoption of statutory fee schedule.

     SO? THE DOE?  SOMEBODY DECLARED AN EMERGENCY DOE RULE?

     WAC… WAC… WAC…

    WHY BOTHER WITH THE ACTUAL COST FOR PRODUCING COPIES OF PUBLIC RECORDS FOR THE PUBLIC?

    HB 1595, passed in the 2017 legislative session

    Chapter 304, Laws of 2017, sc. 3, amending RCW 42.56.120,

    AND AN AGENCY MUST HAVE IN PLACE EITHER A STATEMENT FOLLOWING (PUBLIC?)  NOTICE AND PUBLIC HEARING THAT ESTABLISHES THE ACTUAL COSTS OF PRODUCING RECORDS….

    AND THAT WOULD BE UNDULY BURDENSOME FOR THE DOE?

    SO, THE DOE WILL ADOPT THE STATUTORY FEE SCHEDULE.

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    —– Original Message —–

    From: Ballard, Laura (ECY)

    To: ECOLOGY-WAC-TRACK@LISTSERV.WA.GOV

    Sent: Monday, July 24, 2017 4:44 PM

    Subject: The following emergency rulemaking adoption was filed with the Office of the Code Reviser: Public Records Emergency Rule WAC 173-03-

    The following emergency rulemaking adoption was filed with the Office of the Code Reviser:

    July 20, 2016

    Public Records Emergency Rule WAC 173-03-9000E Calculation of actual costs of producing copies of public records declared to be unduly burdensome—Adoption of statutory fee schedule.

    For more information:

    http://www.ecy.wa.gov/laws-rules/wac17303/1614ov.html

    To join or leave ECOLOGY-WAC-TRACK click here:

    http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-WAC-TRACK

    Thank you for using WACTrack.

    Have a good day!

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    Representative Terry Nealey (R-Dayton) and Representative Joan McBride (D-Kirkland) introduced the bills.  They would update the 1972 Public Records Act, INCLUDING FEES contained in the original law

    HB 1595, passed in the 2017 legislative session

    HB 1595 BECAME LAW ON JULY 23, 2017

    Chapter 304, Laws of 2017, sc. 3, amending RCW 42.56.120,  

    THE PROVISION OF THE PUBLIC RECORDS ACT (PRA) THAT GOVERNS AGENCY CHARGES TO REQUESTERS FOR PROVIDING COPIES OF PUBLIC RECORDS.

    According to a 2016 report from the Washington State Auditor’s Office, the number of requests increased by 36% from 2011 to 2015, and last year, state and local governments spent more than $60 million to fulfill 285,000 requests – a portion of which were automated “bot” requests from computers. Only 1% of the costs were recovered by the original law’s fee structure.

    These amendments in HB 1595 were designed to modernize this provision to reflect changes in the way agencies PROVIDE copies of records to requesters.

    and an agency must have in place either a statement following notice and public hearing that establishes the ACTUAL COSTS of producing records,

     or a rule that declares the calculation of actual costs would be “unduly burdensome.” Otherwise, an agency would not be able to impose copy fees on PRA requestors.

    HB 1595  IS A NEW WA STATE LAW EFFECTIVE  JULY 23, 2017

    WITH FEES BASED ON ACTUAL COST?

    Representative Terry Nealey (R-Dayton)  said actual costs could also be based upon a SEATTLE CITY DETAILED COST STUDY.

    “The city of Seattle estimates it will spend as much as $3 million this year for PRA request fulfilment, including electronic requests, but expects less than $10,000 in cost recovery,”

    Representative Terry Nealey (R-Dayton) added. “Our legislation would enable an agency to study its actual costs of making and preparing for delivery electronic copies of documents for a requestor,

    AND THEN CHARGE A MODEST FEE BASED ON COPYING COSTS.

    WE THINK THIS WILL REDUCE VEXATIOUS REQUESTS WHILE PRESERVING ACCESS WITH AN UPDATED FEE SYSTEM.”

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    AND, THEN CHARGE A MODEST FEE BASED ON ACTUAL COST?

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     Behind My Back | Fee Fie Foe Fum

    www.behindmyback.org/2013/10/26/fee-fie-foe-fum/

    Oct 26, 2013 – “Feefifofum” is the first line of a historical quatrain famous for its use in the classic English fairy … http://en.wikipedia.org/wiki/Fee-fie-foefum.

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    ECOLOGY is taking the latter approach, declaring by rule that it will be “unduly burdensome” to calculate actual costs, and has already filed a pre-proposal to begin the permanent rulemaking process.

    ECOLOGY will conduct this permanent rulemaking according to normal rulemaking procedures, but cannot complete it until some months after the requirements of HB 1595 take effect on July 23, 2017.

    ECOLOGY finds that it is in the general welfare and the public interest, and benefits requesters and the agency, to adopt the emergency rule in order to preserve AND UPDATE FEES in accordance with the legislatively adopted schedule.

    Without further action, this would create a period of months during which no statement or rule would be available to the public regarding PRA costs or the methods of calculating them, creating confusion and uncertainty regarding Ecology’s fee structure and ITS ABILITY TO CHARGE FEES.

    Because this appears to be contrary to the intent of HB 1595 and the PRA,

    ECOLOGY intends to adopt its declaration initially by emergency rule, to avoid confusion and to remain in compliance with the PRA, as amended.

    This declaration will allow Ecology to utilize the statutory default fee schedule created by the Legislature in the 2017 amendments starting on July 23, 2017, the date the legislation goes into effect, and to be in full compliance with the PRA, as amended.

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    ECOLOGY WILL CONDUCT THIS PERMANENT RULEMAKING ACCORDING TO NORMAL RULEMAKING PROCEDURES, BUT CANNOT COMPLETE IT UNTIL SOME MONTHS AFTER THE REQUIREMENTS OF HB 1595 TAKE EFFECT ON JULY 23, 2017.

     ECOLOGY has already filed a pre-proposal to begin the permanent rulemaking process.

    A STATEMENT FOLLOWING (PUBLIC?)  NOTICE AND PUBLIC HEARING THAT ESTABLISHES THE ACTUAL COSTS OF PRODUCING RECORDS….

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    To join or leave ECOLOGY-WAC-TRACK click here:

    http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-WAC-TRACK

    Thank you for using WACTrack.

    Have a good day!

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    Has anyone received a definitive legal  answer to this question?

    Behind My Back | WA DOE $50 Comment Recording Fee?

    www.behindmyback.org/2017/07/12/6854/

    Jul 12, 2017 – Protests must be accompanied by a $50 recording fee payable to the Department of …. www.behindmyback.org/2013/10/26/fee-fie-foe-fum/.


  • WA State Priorities for WSP?

    I AM SUBMITTING FATALITY DATA ON DRUG AND DRIVING:  IN RAW FORMAT AND PUTTING OUT A CALL TO ACTION, BY GOVERNOR INSLEE (D) AND WA STATE LEGISLATORS, TO JUMP IN AND ANALYZE IT.

    WASHINGTON STATE PATROL (WSP) HAS MORE CRITICAL RESPONSIBILITIES, THEN BEING FORCED, TO WASTE THEIR TIME GIVING OUT TICKETS FOR WA STATES NEW DISTRACTED DRIVING LAW.

    WA STATE CRIME LAB DATA ON OPIOIDS IS DATA FROM WASHINGTON STATE PATROL FORENSIC LABORATORY SERVICES BUREAU.

    WA STATE RATE OF CRIME LAB CASES WITH ANY OPIATE RESULT

    OPIOID CASES BY COUNTY

    2002 – 2004 State-wide rate 19.8 per 100,000

    2011 – 2013 State-wide rate 36.7 per 100,000

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    AND,  IN WASHINGTON STATE, DRUG CAUSED DEATHS INVOLVING OPIOIDS INCREASED 31% STATEWIDE, WITH INCREASES IN MOST COUNTIES.

    AND, IN 2013 WASHINGTON STATE RANKED 23RD HIGHEST IN DRUG CAUSED DEATHS

    Jun 23, 2017 CNN SEATTLE KING COUNTY, HEROIN-RELATED DEATHS INCREASED 439% FROM 1999 TO 2014. AS OF 2014, HEROIN-RELATED DEATHS HAD MORE THAN TRIPLED IN FIVE YEARS AND QUINTUPLED IN 10 YEARS. THE LARGEST RISE IN LOCAL DRUG-RELATED DEATHS IN 17 YEARS.

    WA STATE LEGISLATOR’S PRIORITIES FOR WSP?

    WSP CRITICAL RESPONSIBILITIES?

    DRUG FATALITIES OR DISTRACTED DRIVING TICKETS?

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    JUN 6, 2017 Drug overdoses are now the leading cause of death among Americans under 50.

    Jun 6, 2017 – New data compiled from hundreds of health agencies reveals the extent of the drug overdose epidemic last year

    AKRON, OhioDRUG OVERDOSE DEATHS IN 2016 MOST LIKELY EXCEEDED 59,000, the largest annual jump ever recorded in the United States, according to preliminary data compiled by The New York Times.

    The death count is the latest consequence of an escalating public health crisis: opioid addiction, now made more deadly by an influx of illicitly manufactured fentanyl and similar drugs.

    In 2016, Summit County, Ohio had 312 drug deaths, according to Gary Guenther, the county medical examiner’s chief investigator —

     A 46 PERCENT INCREASE FROM 2015 AND MORE THAN TRIPLE THE 99 CASES THAT WENT THROUGH THE MEDICAL EXAMINER’S OFFICE JUST TWO YEARS BEFORE.

    There were so many last year, Mr. Guenther said, that on three separate occasions the county had to request refrigerated trailers to store the bodies because they’d run out of space in the morgue.

    NATIONWIDE? WE ESTIMATE DRUG OVERDOSE DEATHS INCREASED BY MORE THAN 25 PERCENT IN 2016.

    WA STATE CRIME LAB DATA ON OPIOIDS IS DATA FROM WASHINGTON STATE PATROL FORENSIC LABORATORY SERVICES BUREAU.

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     WA STATE PERCENT OF FATALITIES RELATED TO ALCOHOL 41.86% (on average from 2000 to 2015) Summary: August 29, 2016

    WASHINGTON STATE PATROL (WSP) HAS MORE CRITICAL RESPONSIBILITIES, THEN BEING FORCED, TO WASTE THEIR TIME GIVING OUT TICKETS FOR WA STATES NEW DISTRACTED DRIVING LAW.

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    WA STATE LEGISLATOR’S PRIORITIES FOR WSP?

    DRUG FATALITIES OR DISTRACTED DRIVING TICKETS?

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     Click on this link (it takes time to load)

    SEVERAL DATA SOURCES ARE MAPPED, THE MAPS COMBINED, WITH THE UPDATED DRUG CAUSED DEATHS, CLEARLY SHOW WHY WASHINGTON STATE PATROL HAS MORE CRITICAL RESPONSIBILITIES THEN WASTING THEIR TIME GIVING OUT TICKETS FOR WA STATE NEW DISTRACTED DRIVING LAW.

     Opioid Trends Across Washington State

    Apr 20, 2015 adai.uw.edu/pubs/infobriefs/ADAI-IB-2015-01.pdf

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    INDEED, FATALITY DATA IN RAW FORMAT AND PUTTING OUT A CALL TO ACTION, BY GOVERNOR INSLEE AND WA STATE LEGISLATORS, TO JUMP IN AND ANALYZE IT.

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    NATION WIDE DRUG DEATHS, IN 2013 NEARLY 44,000

    NATIONWIDE OVERDOSE DEATHS IN 2016 OVER 59,000  

    COMPARED TO  35,092,  2015 VEHICLE DEATHS,  only a 7.2% increase over 2014.

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    Jun 23, 2017

    This is America on drugs: A visual guide – CNN.com

    www.cnn.com/2016/09/23/health/heroin-opioid-drug-overdose-deaths…/index.html

    Jun 23, 2017 – DRUG DEATHS OVER THE PAST 15 YEARS HAVE BEEN RISING SO RAPIDLY THAT EXPERTS … IT FOUND THAT DRUGS DEATHS CONTINUE TO RISE RAPIDLY IN MANY STATES.

    HEROIN-RELATED DEATHS INCREASED 439% FROM 1999 TO 2014. AS OF 2014, HEROIN-RELATED DEATHS HAD MORE THAN TRIPLED IN FIVE YEARS AND QUINTUPLED IN 10 YEARS.

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    INDEED, OPIOID USE, MORBIDITY, AND MORTALITY HAVE INCREASED NATIONALLY AND ACROSS WASHINGTON STATE.

    FATALITY DATA IN RAW FORMAT AND PUTTING OUT A CALL TO ACTION BY GOVERNOR INSLEE AND WA STATE LEGISLATORS, TO JUMP IN AND ANALYZE IT.

     Heroin deaths spike by 58 percent in Seattle area | The Seattle Times

    www.seattletimes.com/seattle…/heroin-deaths-spike-nearly-60-percent-in-seattle-area/

    JUN 18, 2015 – There were NEARLY 44,000 DRUG- OVERDOSE DEATHS NATIONWIDE IN 2013, the most recent figures available. Washington state ranked 23rd highest …

    Fatal overdoses linked to heroin climbed by 58 percent in the Seattle/King County area last year, THE LARGEST RISE IN LOCAL DRUG-RELATED DEATHS IN 17 YEARS. Methamphetamine-related deaths also rose 59 percent. Fatal overdoses linked to heroin surged by 58 percent in King County last year, fueling the steepest rise in local drug-caused deaths in 17 years.

    Jun 6, 2017 – New data compiled from hundreds of health agencies reveals the extent of the drug overdose epidemic last year

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    CRIME LAB DATA, DATA FROM WASHINGTON STATE PATROL FORENSIC LABORATORY SERVICES BUREAU…

    FOR POLICE EVIDENCE TESTING INDICATE AN 85% INCREASE STATEWIDE, WITH INCREASES IN MOST COUNTIES.

    PUBLICLY FUNDED DRUG TREATMENT ADMISSIONS FOR OPIOIDS AS THE PRIMARY DRUG INCREASED 197% STATEWIDE, WITH INCREASES IN 38 OF 39 COUNTIES.

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    WA STATE LEGISLATOR’S PRIORITIES FOR WSP?

    DRUG FATALITIES OR DISTRACTED DRIVING TICKETS?

    WA STATE, DRUG CAUSED DEATHS INVOLVING OPIOIDS INCREASED 31% STATEWIDE, WITH INCREASES IN MOST COUNTIES.

    AND, NATIONWIDE? THEY ESTIMATE DRUG OVERDOSE DEATHS INCREASED BY MORE THAN 25 PERCENT IN 2016.

    Opioid Trends Across Washington State

    Apr 20, 2015 adai.uw.edu/pubs/infobriefs/ADAI-IB-2015-01.pdf

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    WA STATE RATE OF CRIME LAB CASES WITH ANY OPIATE RESULT

    OPIOID CASES BY COUNTY

    Data notes: Crime LAB DATA FROM THE WASHINGTON STATE PATROL FORENSIC LABORATORY SERVICES BUREAU: An “opiate case” refers to a unique FLSB case number with at least one result positive for any opiate. Only crime lab submissions from an agency clearly operating within a single county were associated with a county. Those originating from multi-county agencies, such as cross-jurisdiction drug task forces, some Washington State Patrol detachments, or federal law enforcement, are included in the state-wide rate.

    OPIOID USE, MORBIDITY, AND MORTALITY HAVE INCREASED NATIONALLY AND ACROSS WASHINGTON STATE. To provide insights into how and where changes are occurring, several data sources are mapped. Crime lab, treatment, and mortality data are presented for 2002–2004 and 2011–2013, to show patterns over time. These maps combine heroin and prescription-type opioids as those abusing these drugs often use them interchangeably, and interventions, treatment and the opioid overdose antidote naloxone, work equally well for both types of opioids.

    Crime lab data for police evidence testing indicate an 85% increase statewide, with increases in most counties. Publicly funded drug treatment admissions for opioids as the primary drug increased 197% statewide, with increases in 38 of 39 counties. Drug caused deaths involving opioids increased 31% statewide, with increases in most counties.

    The total number of drug caused deaths involving opioids in 2013 was 608, with 6,668 deaths total from 2002–2013. The annual rate of opioid deaths has not changed from 2008 to 2013.

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    UPDATED  BY OTHERS Jun 6, 2017 – New data compiled from hundreds of health agencies reveals the extent of the drug overdose epidemic last year

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    continued….

    Across these three data sources a similar pattern emerges with prescription-type opioids peaking between 2008–2010, while heroin continued increasing through 2013.

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    WA STATE LEGISLATOR’S PRIORITIES FOR WSP?

    DRUG FATALITIES OR DISTRACTED DRIVING TICKETS?

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    46,471: Drug Overdoses Killed More Americans Than Car Crashes or …

    www.cnsnews.com/…/dea-drug-overdoses-kill-more-americans-car-crashes-or-firearm…

    Nov 5, 2015 – (CNSNews.com) – “Drug overdose deaths are the leading cause of injury death in the United States, ahead of motor vehicle deaths and …

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    Drug Deaths in America Are Rising Faster Than Ever | Diverse Health …

    https://diversehealthservices.wordpress.com/2017/06/06/drug-deaths-in-america-are-ri…

    Jun 6, 2017 – New data compiled from hundreds of health agencies reveals the extent of the drug overdose epidemic last year. AKRON, Ohio — Drug …

    we estimate overdose deaths increased by more than 25 percent in 2016.

    www.nytimes.com/interactive/2017/06/05/upshot/opioid-epidemic-drug-overdose-deaths-are-rising-faster-than-ever.html?smid=fb-share&_r=0

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    The most dangerous states for car accidents | Transportation …

    www.nwitimes.com/…/the-most-dangerous-states…accidents/collection_44bc28fd-4a1…

    JUN 19, 2017 – Despite recent gains in car safety, 2016 ended up being a deadly year for drivers.

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    Summary: August 29, 2016

    The National Highway Traffic Safety Administration is releasing 2015 TRAFFIC FATALITY DATA IN RAW FORMAT AND PUTTING OUT A CALL TO ACTION TO JUMP IN AND ANALYZE IT.

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    On a scale from 1-50, with 50 being the safest, WA State is #45  for safest driving. (on average from 2000 to 2015)

    # 45 Washington

    Average fatalities  in a  year (per 100,000) 8.53

    Total Fatalities  8,789

    WA STATE PERCENT OF FATALITIES RELATED TO ALCOHOL 41.86%

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    ANOTHER WSP CRITICAL RESPONSIBILITY….. INVESTIGATING ACCIDENTS

    THAT CLEARLY SHOWS WHY WASHINGTON STATE PATROL HAS MORE CRITICAL RESPONSIBILITIES THEN WASTING THEIR TIME GIVING OUT TICKETS FOR WA STATE NEW DISTRACTED DRIVING LAW.

     ————————————————————————————

    35,092.the number of people who died on our nation’s highways in motor vehicle traffic crashes in 2015.

    To be precise, 7.2% more people died in traffic-related accidents in 2015 than in 2014. The U.S. Department of Transportation Fatality Analysis Reporting System (FARS)

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    America leads the world in drug overdose deaths — by a lot – Vox

    https://www.vox.com/policy-and-politics/2017/6/28/…/drug-overdose-deaths-world

    AMERICA LEADS THE WORLD IN DRUG OVERDOSE DEATHS — BY A LOT … Updated by German Lopez@germanrlopezgerman.lopez@vox.com JUN 28, 2017, 8:10am EDT.

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    REMEMBER BEAUTIFUL OHIO?

    Ohio drug overdose deaths in one county already top last year’s total …

    www.foxnews.com/…/2017/…/ohio-drug-overdose-deaths-in-one-county-already-top-la…

    Jun 5, 2017 – AS OF JUNE 1, THE COUNTY HAD TALLIED 360 DRUG OVERDOSE DEATHS. “AT THIS PACE, WE EXPECT ABOUT 800 OVERDOSE DEATHS BY THE END OF 2017,” Ken …

     STATEWIDE, MORE THAN 4,000 PEOPLE DIED FROM DRUG OVERDOSES LAST YEAR. AND IN 2015, OHIO HAD THE HIGHEST NUMBER OF PRESCRIPTION OPIOID OVERDOSE DEATHS — 1,800 — OF ANY STATE IN THE NATION, ACCORDING TO THE LATEST FIGURES IN AN analysis by the Kaiser Family Foundation.

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    INDEED, I  REMEMBER BEAUTIFUL OHIO

    Connie Francis – Beautiful Ohio (stereo remastered) – YouTube

    https://www.youtube.com/watch?v=-_1ZneQhawI

    Apr 25, 2016 – 50+ videos Play all. Play now. Mix – Connie Francis – Beautiful Ohio (stereo remastered)YouTube. Connie Francis – Melody of Love (stereo …


  • Due Process for Distracted Drivers Law?

    Gov. Jay Inslee (D) DUE PROCESS BY PUBLIC NOTICE?

     WA State Distracted Drivers Law ADOPTED 04/19/2017 

     VETOED by Gov. Jay Inslee (D)  MAY 16, 2017

    Gov. Jay Inslee (D) accelerated the law’s effective date to July 23, 2017

    Vagueness is generally considered to be a DUE PROCESS issue, because a law that is too vague to understand does not provide adequate notice to people that a certain behavior is required or is unacceptable.

    The “void for vagueness” doctrine argues that a law cannot be enforced if it is so vague or confusing that the average person could not figure out what is being prohibited or what the penalties are for breaking that law.

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    It doesn’t take too much effort to imagine a distracted driver suing the state over a disputed ticket for failure of DUE PROCESS ON PUBLIC NOTICE et al.

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    A law can be unconstitutionally vague in one of two main ways.

    First, the law may be void for vagueness if it does not adequately explain or state what behavior the law is meant to affect.  If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that the law violates due process. 

    Second, a law may be void for vagueness if it does not adequately explain the procedures that law enforcement officers or courts must follow when enforcing the law or handling cases that deal with certain legal issues. 

    Specifically, a law may be found to be unconstitutionally vague if it gives a judge no idea how to approach or handle a case based on that law.

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    ADOPTED 04/19/2017  WA State Distracted Drivers Law

    MAY 16, 2017 Gov. Jay Inslee (D)  vetoed a compromise by the Legislature that would have postponed enforcement of the Driving Under the Influence of Electronics (DUIE) Act until 2019.

    Gov. Jay Inslee (D)  surprised even the supporters of a distracted-driving law Tuesday when he accelerated the new crackdown, IN A LETTER TO THE SENATE DATED MAY 16, 2017.

    Gov. Jay Inslee (D) vetoed the section that gave drivers until 2019 to acclimate to the changes and instead declared Sunday, July 23, 2017 as the law’s effective date.

    The final version passed Wednesday pushed the proposed start date from Jan. 1, 2018, to Jan. 1, 2019, because several members wanted extra time for the public to adjust, according to prime sponsor Rep. Jessyn Farrell, D-Seattle.

    Farrell justified the wait on Wednesday, saying colleagues in both parties sought more TIME FOR A SUSTAINED EDUCATION campaign, for the public to adapt, and for motorists to obtain built-in communication systems. The State Patrol is currently understaffed but is striving to boost recruitment, with help from proposed raises this legislative session.

    Understaffed was confirmed yesterday by Kyle at  WSP media center, yesterday.

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    Gov. Jay Inslee (D)  His abysmal record on TIME FOR A SUSTAINED EDUCATION speaks for it’s self

    ———————————————————————

    Gov. Jay Inslee (D) IS PERSONALLY RESPONSIBLE FOR SIGNING THE VETO. period

    It doesn’t take too much effort to imagine a distracted driver suing WA State over a disputed ticket  for failure of DUE PROCESS ON PUBLIC NOTICE et al. 

     But why would Gov. Jay Inslee (D) worry about a WA State lawsuit?

    After all  Gov. Jay Inslee (D) has  his nationally spotlighted Washington State Attorney General Bob Ferguson (D) to defend his VETO.

    After all , A law can be unconstitutionally vague in one of two main ways.

    And after all, Vagueness is generally considered to be a DUE PROCESS issue.

    AND, PUBLIC NOTICE IS A DUE PROCESS ISSUE


  • WA State Distracted Drivers Law

    Effective July 23, 2017 Washington State has enacted one of the nation’s toughest distracted driving laws after legislators passed a bill outlawing nearly every conceivable form of attention-diverting behavior behind the wheel.

    The bottom line….

    What does it mean when a law is “void for vagueness” or “overbroad …

    www.rotlaw.com › Legal Library › Procedure

    How does “choice of law” affect judgments? … If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that …

    —————————————————————————-

    Inslee’s WA State Distracted Drivers Law may have ambiguous inclusion?

    “INCLUDING BUT NOT LIMITED TO”  This phrase is used to indicate that a list is not necessarily exhaustive.

    In other words, when you don’t want someone to get the impression that whatever you’re saying applies only the items on the list.

    It means that those things are included, but other things you haven’t mentioned could be included as well, as ALL OF THE ABOVE

    OR, ARE THE DRIVING DISTRACTION TICKETS AND FINES et al, TO BE LEFT TO THE DISCRETION OF THE WSP OFFICER THAT PULLS OVER,  OR NOTICES A RUNNING VEHICLE, WITH A  DRIVER IN THE VEHICLE, WHERE EVER THE VEHICLE IS PARKED, WITH A DRIVER DOING WHATEVER HE’S DOING, WITH WHATEVER HE’S DOING IT WITH IN HIS VEHICLE?

    ————————————————-

    IGNORANCE OF THE LAW IS NO EXCUSE

    ———————————————————

     A LAW BASED ON STATISTICS?

    October 19, 2016 Olympia-  The phenomenon of driving while distracted is growing.  According to the Washington Traffic Safety Commission, fatalities caused by distracted driving increased by 30.8% in 2015.

    STATISTICS are like bikinis. What they reveal is suggestive, but what they conceal is vital.’

    STATISTICS – and research in general – is carried out by *people*. PEOPLE HAVE MOTIVATIONS.

    Then again, by now we know WASHINGTON GOVERNOR JAY INSLEE doesn’t have the highest regard for human drivers in all our glorious fallibility. And he kept beating that drum at a distracted driving awareness event in the state capital on Monday.

    Governor Inslee also vetoed a provision of the original bill that would have delayed its implementation until 2019, reminding the crowd in Olympia that A DISTRACTED DRIVER IS JUST AS BAD AS A DRUNK ONE—and that the issue is too urgent to wait.

    STATISTICS  ON DRUNK AND DRUGGED DRIVERS

    DRUNK DRIVING  ACCOUNTS FOR 32 PERCENT  OF ALL TRAFFIC-RELATED DEATHS add, 10 % OF MARIJUANA RELATED FATAL CAR ACCIDENTS

    July 21, 2017  Washington State Patrol WSP has more life saving priorities.

    Jun 3, 2016, After alcohol, marijuana is the drug most often found in the blood of drivers involved in crashes. … Along with marijuana, PRESCRIPTION DRUGS ARE ALSO COMMONLY LINKED TO DRUGGED DRIVING CRASHES.

    ————————————————————————————-

    AND,  JUN 23, 2017 – DRUG DEATHS… FATAL OVERDOSES SURPASSED SHOOTING DEATHS AND FATAL TRAFFIC ACCIDENTS

    JULY 21, 2017  WASHINGTON STATE PATROL WSP HAS MORE LIFE SAVING OPPORTUNITIES

    Investigative Assistance Division – Washington State Patrol

    www.wsp.wa.gov/crime/iad.htm

    … Section participate in 14 local and 4 Drug Enforcement Administration (DEA) task forces. …

    ———————————————————————————

    Washington State DUI Statistics [infographic]. DRUNK DRIVING ACCOUNTED FOR 32 PERCENT OF ALL TRAFFIC-RELATED DEATHS IN THE UNITED STATES in 2009

    Marijuana-related fatal car accidents surge in Washington state after …

    www.washingtontimes.com/…/2016/…/marijuana-related-fatal-car-accidents-surge-wa…

    ROUGHLY 10 PERCENT OF WASHINGTON STATE DRIVERS INVOLVED IN FATAL CAR CRASHES between … MARIJUANA-RELATED FATAL CAR ACCIDENTS SURGE IN WASHINGTON STATE AFTER LEGALIZATION … By Andrea Noble – The Washington Times – Tuesday, May 10, 2016.

    ——————————————————————————–

     BIKINI  STATISTICS ON GOV JAY INSLEE’S  WA STATE DISTRACTED DRIVERS LAW

    STATISTICS ? What they reveal is suggestive, but what they conceal is vital.’

    “Facts are stubborn, but statistics are more pliable.”

    Statistics – and research in general – is carried out by *people*. PEOPLE HAVE MOTIVATIONS.

    WASHINGTON GOVERNOR JAY INSLEE (D) HAD HIS MOTIVATIONS.

    AND, HE HAD HIS STATISTICS…..

     15% INCLUDED PASSENGER DISTRACTION

     12% INCLUDED CELL PHONE DISTRACTION

    ————————————————————————–

    THE STARTLING STATISTICS ON DISTRACTED YOUNG DRIVERS?

    58% OF TEEN DRIVERS INVOLVED IN MODERATE TO SEVERE CRASHES WERE DISTRACTED

    24% OF YOUNG DRIVERS INVOLVED IN WASHINGTON FATAL CRASHES WERE DISTRACTED IN 2015, 

     According to the Department of Licensing, 24% OF YOUNG DRIVERS INVOLVED IN WASHINGTON FATAL CRASHES WERE DISTRACTED IN 2015, up from 18% in 2008. Videos taken inside teenage driver’s car seconds before a crash reveal some startling statistics. Out of 1,700 videos taken:

    ——————————————————————————————

    Washington State Targets All Forms of Distracted Driving With New ‘E …

    www.thedrive.com/news/…/washington-state-targets-all-forms-of-distracted-driving-w…

    3 days ago – Washington State Targets All Forms of Distracted Driving With NewWashington’s new EDUI law will undoubtedly be a sticking point for …

    July 18, 2017 The Drive · Kyle Cheromcha View Kyle Cheromcha’s Articles

    instagram.com/kylecheromcha

    Fresh off its efforts to end the scourge of left-lane slowpokes, Washington State is preparing to enact one of the nation’s toughest distracted driving laws after legislators passed a bill outlawing nearly every conceivable form of attention-diverting behavior behind the wheel.

    Starting Sunday, drivers will no longer be allowed to use handheld devices at all, even while stopped in traffic or doing something as simple as scrolling through a playlist. Say goodbye to your red light selfies and social media spot-checks; officers who spot a driver with a phone in hand at any time for any reason can issue a ticket starting at $136, and repeat offenders will see that fine rise to $234 per violation.

    Additionally, a whole slew of other common sights—smoking, eating, drinking, reading, and “grooming”—are now secondary offenses, meaning drivers can be handed a $99 ticket for any of these actions if they’re pulled over for something else. So that guy you see on your morning commute making the illegal merge while shaving and eating his McMuffin is in for a rude awakening.

    Washington’s new E-DUI law will undoubtedly be a sticking point for some people. We can all agree that texting (and reading, and grooming, and sometimes eating) is indeed distracting when controlling a multi-ton vehicle, and therefore probably shouldn’t be allowed. But can the same be said for drinking a bottle of water? Or smoking a cigarette? It can be argued that anything other driving is a distraction behind the wheel, but it doesn’t take too much effort to imagine a driver suing the state over a disputed ticket and the law’s true intent.

    Then again, by now we know Washington governor Jay Inslee doesn’t have the  highest regard for human drivers in all our glorious fallibility. And he kept beating that drum at a distracted driving awareness event in the state capital on Monday. Governor Inslee also vetoed a provision of the original bill that would have delayed its implementation until 2019, reminding the crowd in Olympia that a distracted driver is just as bad as a drunk one—and that the issue is too urgent to wait.

    ——————————————————————-

    Does (D)  Inslee’s WA State Distracted Drivers Law have this ambiguous inclusion?

    “INCLUDING BUT NOT LIMITED TO”  This phrase is used to indicate that a list is not necessarily exhaustive.

    In other words, when you don’t want someone to get the impression that whatever you’re saying applies only the items on the list.

    It means that those things are included, but other things you haven’t mentioned could be included as well, as ALL OF THE ABOVE

    OR, ARE THE DRIVING DISTRACTION TICKETS AND FINES et al, TO BE LEFT TO THE DISCRETION OF THE WSP OFFICER THAT PULLS OVER,  OR NOTICES A RUNNING VEHICLE, WITH A  DRIVER IN THE VEHICLE, WHERE EVER THE VEHICLE IS PARKED, WITH A DRIVER DOING WHATEVER HE’S DOING, WITH WHATEVER HE’S DOING IT WITH IN HIS VEHICLE?

    ———————————————————-

    The bottom line

    After reading nearly everything about this new law on line for six hours, I’m so confused

    What does it mean when a law is “void for vagueness” or “overbroad …

    www.rotlaw.com › Legal Library › Procedure

    How does “choice of law” affect judgments? … If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that …


  • Democrats Didn’t Due Diligence on Obamacare

    Mar 9, 2010 DUE DILIGENCE is an investigation or audit of a potential investment to confirm all facts, such as reviewing all financial records, plus anything else deemed material.

    IN THIS CASE  “DUE DILIGENCE” REFERS TO WHAT THE 100% OF ELECTED DEMOCRATS IN CONGRESS SHOULD HAVE DONE BEFORE THEY ALL VOTED ON OBAMACARE.

    Pelosi: “We Have to Pass the Bill So That You Can Find Out What Is In It”

    ▶ 0:10

    https://www.youtube.com/watch?v=hV-05TLiiLU

    Mar 9, 2010 – Uploaded by PoliJAM

    Pelosi: “We Have to Pass the Bill So That You Can Find Out What Is In It” … Nancy Pelosi said there was so …

    MARCH 23, 2010 INSTEAD OF DOING WHAT A REASONABLE PERSON WOULD DO… THE 100% OF THE ELECTED DEMOCRATS IN CONGRESS VOTED AND PASSED OBAMACARE, THE UN-AFFORDABLE CARE ACT.

    ————————————————–

    NOV 10, 2014 WAS PROFESSOR JONATHAN GRUBER TALKING ABOUT THE STUPID 100% OF VOTERS IN CONGRESS?

    ObamaCare architect: ‘Stupidity’ of voters helped bill pass | TheHill

    thehill.com/policy/…/223578-obamacare-architect-lack-of-transparency-helped-law-p…

    NOV 10, 2014 – An architect of the federal healthcare law said last year that a “lack of transparency” and the “stupidity of the American voter” helped Congress approve ObamaCare. In a clip unearthed Sunday, Massachusetts Institute of Technology Professor Jonathan Gruber appears on a panel and …

    —————————————————————————————–

    ON MARCH 23, 2010 THE DEMOCRAT’S  OBAMACARE WAS 100% UN-AFFORDABLE. period

    I did my  DUE DILIGENCE ON OBAMACARE: AND I VOTED FOR TRUMP

    JULY 7, 2017  IS IT JUST ANOTHER OBAMA ADMINISTRATION STUPID MESS FOR TRUMP TO CLEAN UP?

    OR NOT? WHY NOT JUST LET IT CRASH AND BURN AS OBAMA’S NAMESAKE LEGACY?

    ——————————————————————————————

    JULY 17, 2017 HOW’S OBAMACARE WORKING OUT FOR WORKING AMERICAN CITIZENS?

    Average Individual Health Insurance Premiums Increased 99% Since …

    news.ehealthinsurance.com/…/average-individual-health-insurance-premiums-increase…

    JAN 23, 2017 – Open enrollment for 2017 health insurance plans under the Affordable Care Act (ACA or Obamacare) began on November 1, … Prior to 2014, eHealth published an annual Cost and Benefits report, which tracked cost and …

    _____________________________________________________

    HOW ARE THE OBAMACARE DEDUCTIBLES WORKING OUT FOR AMERICA’S WORKING FAMILIES?

    Nov 14, 2015“Our DEDUCTIBLE is so high, we practically pay for all of our medical … Her family of four pays premiums of $1,200 a month for coverage with an … like generic drugs or visits to a primary care doctor, before patients …

    Oct 10, 2016, Before Trump was elected, he said “HEALTH CARE IS GOING UP BY NUMBERS THAT ARE ASTRONOMICAL — 68%, 59%, 71%,”

    THAT “IT’S FAR TOO EXPENSIVE” AND THAT “NOT ONLY ARE YOUR RATES GOING UP BY NUMBERS THAT NOBODY’S EVER BELIEVED,

    BUT YOUR DEDUCTIBLES ARE GOING UP,

    SO THAT UNLESS YOU GET HIT BY A TRUCK, YOU’RE NEVER GOING TO BE ABLE TO USE IT.”

    ————————————————–

    TRUTH IS: IN THE PAST FIVE YEARS, ACCORDING TO NPR HEALTH POLICY CORRESPONDENT ALISON KODJAK, “THE AVERAGE COST OF HEALTH CARE TO FAMILIES (PAYING DEDUCTIBLES)  BEFORE THEIR INSURANCE KICKS IN HAS RISEN 67%.”

    ————————————————————————-

    I did my  DUE DILIGENCE ON OBAMACARE: AND I VOTED FOR TRUMP

    ———————————————————————————————

    JULY 17, 2017 HOW’S OBAMACARE WORKING OUT FOR AMERICAN SENIOR CITIZENS?

    Average? Retired  single  75 year old lady living on a lower income Social Security check

    HOT DAMN, I GOT A 3% SOCIAL SECURITY COST OF LIVING INCREASE

    Medicare costs $107.00 @month, Prescription Drug Plan$72.70 @month.

    Indeed,  I must pay an additional $220.75. AARP supplemental insurance for 100% full coverage, through United Healthcare (no deductible)

    TOTAL PAID OUT FOR MEDICAL INSURANCE $400.45 @MONTH

    Of course the  $200.75 is optional, my choice….  I pay so I won’t lose my house, my IRA and stock, Just in case, I fall and break my hip, spend a week in the hospital and spend another month in a care facility.

     And, I live through  it. 

    Oops,  I decided not to pay it, I am bankrupt,  I’ve lost my IRA, my stock and my house.

    Now, I am  homeless,  retired,  single, broken old lady on a lower income Social Security check.

    Best case scenario, I continue to pay the $200.75, my family inherits my IRA, my stock and my house.

    Worst case scenario I decided not to pay the $200.75, my family has to take care of a bankrupt, homeless broken old lady, and they inherit zip, zero, Nada, nothing.

    I did my  DUE DILIGENCE the care a reasonable person should take before entering into an agreement or a financial transaction with another party.

    As a reasonable old lady, I shall continue to  pay the $200.75@ month  to AARP for my United Healthcare and not become a burden to my family.

    —————————————————

    The bottom line…

    JULY 7, 2017  IS OBAMACARE JUST ANOTHER OBAMA ADMINISTRATION STUPID MESS FOR TRUMP TO CLEAN UP?

    OR NOT?

    WHY NOT JUST LET IT CRASH AND BURN AS OBAMA’S NAMESAKE LEGACY?


  • WA DOE $50 Comment Recording Fee?

    WA DOE $50 Public Comment Recording Fee?

    1. Protests or objections to approval of this application must include a detailed statement of the basis for objections. 
    2. All letters of protest will become public record. 
    3. Cash shall not be accepted.  Fees must be paid by check or money order and are nonrefundable. 
    4. Protests must be accompanied by a $50 recording fee payable to the Department of Ecology, Cashiering Unit, P.O. Box 47611, Olympia, WA 98504-7611,
    5. within 30 days from June 20, and June 30, 2017.

    —————————————————————————————

    I AM FREELY PROTESTING AND OBJECTING TO THIS $50.00 DOE FEE FOR PUBLIC COMMENT,  AS A MATTER OF PUBLIC RECORD,  ON MY WEBSITE.

    ————————————————————-

    TAKE NOTICE STEVENS COUNTY WE MUST  PROTEST OR OBJECT WITHIN 30 DAYS FROM JUNE 22, 2017.

    ———————————

    TAKE NOTICE GRANT COUNTY WE  MUST PROTEST OR OBJECT  WITHIN THIRTY (30) DAYS FROM JUNE 20, 2017.

    ————————————————————-

    I GOT MY  PUBLIC NOTICE IN A PRIVATE EMAIL ON TUES JULY 11, 2017

    The email said,  So whatever we can pull together ASAP will be helpful. 

    I SUGGEST WE START HERE….

    EMAIL YOUR, OBJECTIONS, COMMENTS AND PROTESTS  REGARDING THE WA STATE DOE WATER RULERS NEW $50 COMMENT RECORDING FEE,  TAKE NOTICE TO YOUR ELECTED REPRESENTATIVE AT ALL LEVELS OF GOVERNMENT, FEDERAL, STATE, COUNTY AND CITY.

    INDEED,  EMAIL  OBJECTIONS, COMMENTS  AND PROTESTS  SENT TO YOUR ELECTED REPRESENTATIVES, ARE LEGALLY RECORDED DOCUMENTATION AND THEY ARE A MATTER OF PUBLIC RECORD. 

    ————————————————————————————

    THIS DOE $50.00 FEE  TO PROTEST OR OBJECTION AND  TO RECORD PUBLIC COMMENT UNDER DOE WATER APPLICATION NO. G3-30736 IS NOT SOMETHING NEW.

     IT’S JUST NEW TO VOTING TAXPAYING CITIZEN WATER USERS.

    ———————————————————————

    HOW WA STATE DUE PROCESS ON PUBLIC NOTIFICATION WORKS, OR NOT?

    Somebody found something, and read something in  the Chewelah Independent, a newspaper in Stevens County WA on June 22nd 2017 that was placed by the Dept. of Ecology. 

    Indeed, I got my PUBLIC NOTICE in a private email on Tuesday, July 11, 2017 8:57 PM

    OBJECTIONS OR PROTESTS COMMENTS WITHIN THIRTY (30) DAYS FROM JUNE 22, 2017.

    WORD GETS AROUND IN CYBERSPACE (eventually)

    I AM FREELY PROTESTING AND OBJECTING TO THIS $50.00 DOE FEE ON PUBLIC COMMENT MY WEBSITE.

     —– Original Message —–

    From: XXX

    To: XXX

    Sent: Tuesday, July 11, 2017 8:57 PM

    Subject: SCPRG Update

    Protests or objections to approval of this application must include a detailed statement of the basis for objections.  All letters of protest will become public record.  Cash shall not be accepted.  Fees must be paid by check or money order and are nonrefundable.  Protests must be accompanied by a $50 recording fee payable to the Department of Ecology, Cashiering Unit, P.O. Box 47611, Olympia, WA 98504-7611, within 30 days from June 20, and June 30, 2017.

    —————————————————————————————-

    WA State DOE From TAXATION TO FEE-DOM

    ——————————————————————————-

    AS IT STOOD ON OCT 26, 2013 , AND AS IT STANDS JULY 12, 2017

    ————————————————————————- 

    OCT 26, 2013 IF THE GOVERNMENT CAN’T FORCE US TO PAY MORE TAXES?

    WHAT CAN THE GOVERNMENT DO TO TAKE MORE MONEY FROM US?

    The bottom line
    REMEMBER A “FEE” IS NOT A TAX
    AND, A TOLL IS JUST A FEE
    AND, A SERVICE IS JUST ANOTHER FEE
    AND, A CHARGE IS JUST ANOTHER FEE
    AND, A FARE IS JUST ANOTHER FEE

    AND, A DOE $50.00 RECORDING FEE IS JUST ANOTHER FEE

    OBJECTIONS OR COMMENTS MUST BE ACCOMPANIED BY A $50 RECORDING FEE PAYABLE TO THE DEPARTMENT OF ECOLOGY, CASHIERING UNIT, P.O. BOX 47611, OLYMPIA, WA 98504-7611, WITHIN 30 DAYS FROM JUNE 22, 2017.

    —————————————————————————–

    STATE OF WASHINGTON DEPARTMENT OF ECOLOGY OFFICE OF COLUMBIA RIVER YAKIMA, WA. NOTICE OF APPLICATION TO APPROPRIATE PUBLIC WATERS TAKE NOTICE: 

    DOE TAKE WATER TAKE NOTICE WITHIN 30 DAYS FROM JUNE 22, 2017.

    Protests or objections to approval of this application must include a detailed statement of the basis for objections.  All letters of protest will become public record.  Cash shall not be accepted.  Fees must be paid by check or money order and are nonrefundable.  Protests must be accompanied by a $50 recording fee payable to the Department of Ecology, Cashiering Unit, P.O. Box 47611, Olympia, WA 98504-7611, WITHIN 30 DAYS FROM JUNE 22, 2017.

    —————————————————————————————–

    GRANT COUNTY WATER CONSERVANCY BOARD AMENDED NOTICE OF APPLICATION FOR CHANGE OF GROUNDWATER CERTIFICATE 399A(A)

    DOE TAKE WATER TAKE NOTICE WITHIN 30 DAYS FROM JUNE 20, 2017.

    Protests must be accompanied by a fifty dollar ($50.00) recording fee and filed with the Cashiering Section, State of Washington, Department of Ecology, P.O. Box 47611, Olympia, Washington 98504-7611 WITHIN THIRTY (30) DAYS FROM JUNE 20, 2017. #06029/86342 Pub: June 13 & 20, 2017

    —————————————————————————

    STATE OF WASHINGTON DEPARTMENT OF ECOLOGY OFFICE OF COLUMBIA RIVER YAKIMA, WA

    NOTICE OF APPLICATION TO APPROPRIATE PUBLIC WATERS TAKE NOTICE:  That STEVENS COUNTY of Colville, WA, on February 11, 2015, under Application No. G3-30736 applied to appropriate public waters, subject to existing rights, from multiple wells in the amount of 3,350 gallons per minute for continuous multiple domestic and industrial supply.

    That source of the proposed appropriation is located with the Colville River Water Resource Inventory Area, Stevens County, Washington.

    Protests or objections to approval of this application must include a detailed statement of the basis for objections.  All letters of protest will become public record.  Cash shall not be accepted.  Fees must be paid by check or money order and are nonrefundable.  Protests must be accompanied by a $50 recording fee payable to the Department of Ecology, Cashiering Unit, P.O. Box 47611, Olympia, WA 98504-7611, within 30 days from June 22, 2017.

    —————————————————————————

    GRANT COUNTY WATER CONSERVANCY BOARD AMENDED NOTICE OF APPLICATION FOR CHANGE OF GROUNDWATER CERTIFICATE 399A(A) TAKE NOTICE: Central Terminals, LLC of Moses Lake has made an APPLICATION FOR CHANGE/TRANSFER of Water Right to add two (2) additional points of withdrawal (POW), for Groundwater Certificate 399A(A). The Board has accepted the applicaiton for active Board review by assigning its number of GRAN-16-10. The Department of Ecology has assigned tracking number CG3-*01104C(A)@2 to this application. That Ground Water Certificate 399A(A) with a priority date of April 18, 1949 has current authorization for 800.0 gallons per minute, 296.1 acre-feet per year, for Continuous Industrial use.

    The current authorized point of withdrawal is located within the NW1/4SW1/4 Section 20, T19N., R29E., W.M., The proposed additional points of withdrawal will be one (1) existing well located within the NW1/4SE1/4 of section 20, T19N., R29E. W.M., and one (1) new well located within the NE1/4NE/4 of Section 29, T19N, R29E. W.M.

    Any interested party may submit comments, objections, and other information to the Board regarding this application. The comments and information may be submitted in writing or verbally at any public meeting of the Board held to discuss or decide on the application. Additionally, the Board will consider written comments or information provided within thirty (30) days from the last date of publication of this notice, said written comments or information to be provided to its office located at 2145 Basin Street SW, Ephrata, WA 98823. Any protests or objections to the approval of this application may be filed with the Department of Ecology and must include a detailed statement of the basis for objections.

     Protests must be accompanied by a fifty dollar ($50.00) recording fee and filed with the Cashiering Section, State of Washington, Department of Ecology, P.O. Box 47611, Olympia, Washington 98504-7611 WITHIN THIRTY (30) DAYS FROM JUNE 20, 2017. #06029/86342 PUB: JUNE 13 & 20, 2017

    ————————————————————————-

    WA State taxes TAXATION from our elected representative

    DOE FEE INCREASES DO NOT HAVE TO BE APPROVED BY THE LEGISLATURE.

    AS IT STOOD ON OCT 26, 2013 , AND AS IT STANDS JULY 12, 2017

    ELECTIONS DO CREATE  OUR LEGISLATORS’

    ————————————————————————- 

    Behind My Back | Fee Fie Foe Fum

    www.behindmyback.org/2013/10/26/fee-fie-foe-fum/

    Oct 26, 2013 – http://en.wikipedia.org/wiki/Feefie-foefum. THERE’S LITTLE REASON EVER TO USE IT? This entry was posted in By Hook or By Crook, …

     OCT 26, 2013 IF THE GOVERNMENT CAN’T FORCE US TO PAY MORE TAXES?

    WHAT CAN THE GOVERNMENT DO TO TAKE MORE MONEY FROM US?

    The bottom line
    REMEMBER A “FEE” IS NOT A TAX
    AND, A TOLL IS JUST A FEE
    AND, A SERVICE IS JUST ANOTHER FEE
    AND, A CHARGE IS JUST ANOTHER FEE
    AND, A FARE IS JUST ANOTHER FEE

    AND, A DOE $50.00 RECORDING FEE IS JUST ANOTHER FEE

    WA STATE FROM TAXATION TO DOE FEE-DOM

    —————————————————————————————-

    Clallam County citizens  sent in over a thousand objections  on The DOE Dungeness Water Rule and the DOE sent us 500 pages of too bad so sad.

    —————————————————————

    VENGEANCE IS MINE SAITH THE WA STATE DEPARTMENT OF ECOLOGY (DOE)

    —————————————————————————–

    VENGEANCE IS MINE SAITH WA STATE VOTERS COME ELECTION TIME


  • USA Supporting President Trump at the G20

    Our President Trump represents  the United States Of America, at the G-20 as one of 19 individual countries.

    Just asking?  What is President Trump up against at the G20?

    There are members of the G-20 that are not members of NATO, and there are members of NATO that don’t pay their GNP fair share.

    President Donald J. Trump not only criticized, he shamed NATO and its underpaying-paying members, German chancellor Angela Merkel was one of the worst underpaying-paying NATO members.

    There was BREXIT, then President Trump was elected and shocked the world, then Trump’s Policy, America First, Americanization not globalization….

    ——————————————–

    So,  before the G20 German chancellor Angela Merkel is criticizing and  warning the most powerful leader in the world President Trump?

    This week, German chancellor Angela Merkel criticized the Trump administration’s protectionism, saying “globalization is seen by the American administration more as a process that is not about a win-win situation but about winners and losers.” There are few options but to make a success of globalization, Merkel warned earlier in a report (pdf) laying out the meeting’s priorities. “There can be no return to a pre-globalisation world.”

    —————————————————————————–

    You’ve got to love it when this happens…

    7 July 2017 • 3:37pm French President Emmanuel Macron left his position during the family picture to place himself next to US President Donald Trump as German Chancellor Angela Merkel watched on.

    Emmanuel Macron jostles his way to the front of G20 photo to stand by …

    www.telegraph.co.uk › News

    8 hours ago – Emmanuel Macron jostles his way to the front of G20 photo to stand by Donald Trump … Donald Trump as German Chancellor Angela Merkel watched on. … Merkel tapped Mr Macron on the shoulder to get his attention but the …

    There was a noticeable gap on the top row as G20 leaders posed for their traditional family photo Credit: Stefan Rousseau/Getty Images Europe

    ——————————————————————-

    The G20 nations are, Argentina, Australia, Brazil, Canada, France, Germany, India, Indonesia, Italy, Japan, Mexico, Russia, Saudi Arabia, South Korea, Turkey, United Kingdom, United States of America, China, South Africa, And Spain also attends all G20 summits as a permanent guest.

    You can skip what you want of this Globalization Money Gobble De Coup …

    But  please go to the bottom lines…..

    Membership of the individual countries plus the European Union (EU). The EU is represented by the European Commission and by the European Central Bank.

    The G20 heads of government or heads of state have periodically conferred at summits since their initial meeting in 2008, and the group also hosts separate meetings of finance ministers and foreign ministers DUE TO THE EXPANSION OF ITS AGENDA IN RECENT YEARS.

    —————————————————————————————

    Brazil, Russia, India, China, South Africa,

    The New Development Bank (NDB), formerly referred to as the BRICS Development Bank, is a multilateral development bank established by the BRICS states (Brazil, Russia, India, China and South Africa).[1] According to the Agreement on the NDB, “the Bank shall support public or private projects through loans, guarantees, equity participation and other financial instruments.” Moreover, the NDB “shall cooperate with international organizations and other financial entities, and provide technical assistance for projects to be supported by the Bank.”[1]

    ————————————————————————–

    2012 AN EXPANSION OF GLOBALIZATION AGENDA REPORT FROM ….. two economists, Jaromir Benes and Michael Kumhof, working for the International Monetary Fund, published a working paper called The Chicago Plan Revisited

    EXPANDED AGENDA INDEED, THE  CENTRAL BANK SHOULD BE SOLELY RESPONSIBLE FOR ALL THE CREATION OF ALL FORMS OF MONEY, NOT JUST PAPER MONEY AND COINS.

    —————————————————————————

    The G20 (or G-20 or Group of Twenty) is an international forum for the governments and central bank governors from 20 major economies founded in 1999. The G20 aims to discuss policy issues pertaining to the promotion of international financial stability.[3] It seeks to address issues that go beyond the responsibilities of any one organization.[3] The G20 heads of government or heads of state have periodically conferred at summits since their initial meeting in 2008, and the group also hosts separate meetings of finance ministers and foreign ministers due to the expansion of its agenda in recent years.

    Membership of the G20 consists of 19 individual countries plus the European Union (EU). The EU is represented by the European Commission and by the European Central Bank. Collectively, the G20 economies account for around 85% of the gross world product (GWP), 80% of world trade (or, if excluding EU intra-trade, 75%), and two-thirds of the world population.[2]

    THE EUROPEAN CENTRAL BANK (ECB; French: Banque centrale européenne) is the central bank for the euro and administers monetary policy of the eurozone, which consists of 19 EU member states and is one of the largest currency areas in the world. It is one of the world’s most important central banks and is one of the seven institutions of the European Union (EU) listed in the Treaty on European Union (TEU). The capital stock of the bank is owned by the central banks of all 28 EU member states.[2] The Treaty of Amsterdam established the bank in 1998, and it is headquartered in Frankfurt, Germany. As of 2015 the President of the ECB is Mario Draghi, former governor of the Bank of Italy, former member of the World Bank,[3] and former managing director of the Goldman Sachs international division (2002–2005).[3][4] The bank primarily occupied the Eurotower prior to, and during, the construction of the new headquarters.

    The primary objective of the ECB, mandated in Article 2 of the Statute of the ECB,[5] is to maintain price stability within the Eurozone. Its basic tasks, set out in Article 3 of the Statute,[5] are to set and implement the monetary policy for the Eurozone, to conduct foreign exchange operations, to take care of the foreign reserves of the European System of Central Banks and operation of the financial market infrastructure under the TARGET2 payments system and the technical platform (currently being developed) for settlement of securities in Europe (TARGET2 Securities). The ECB has, under Article 16 of its Statute,[5] the exclusive right to authorise the issuance of euro banknotes. Member states can issue euro coins, but the amount must be authorised by the ECB beforehand.

    The ECB is governed by European law directly, but its set-up resembles that of a corporation in the sense that the ECB has shareholders and stock capital. Its capital is €11 billion held by the national central banks of the member states as shareholders.[2] THE INITIAL CAPITAL ALLOCATION KEY WAS DETERMINED IN 1998 ON THE BASIS OF THE STATES’ POPULATION AND GDP, but the capital key has been adjusted.[2] Shares in the ECB are not transferable and cannot be used as collateral.

    ————————————————————————————————————————

    The two economists, Jaromir Benes and Michael Kumhof, working for the International Monetary Fund, published a working paper called The Chicago Plan Revisited

    The Chicago Plan Revisited is an International Monetary Fund (IMF) report from 2012 by Jaromir Benes and Michael Kumhof. The focus of the study is the so-called Chicago plan of the 1930s which the authors have updated to fit into today’s economy. The basic idea is that banks should be required to have full coverage for money they lend; this is called 100% reserve banking, which would replace the fractional reserve banking system.

    Under this proposal, banks would no longer be allowed to create new money in the form of credit in connection with their lending activities. Instead, THE CENTRAL BANK SHOULD BE SOLELY RESPONSIBLE FOR ALL THE CREATION OF ALL FORMS OF MONEY, NOT JUST PAPER MONEY AND COINS. The advantages of such a system, according to the authors, are a more balanced economy without the booms and busts of the current system, the elimination of bank runs, and a drastic reduction of both public and private debt. The authors rely on economic theory and historical examples, and state that inflation, according to their calculations, would be very low.

    ——————————————————————————–

    THE FEDERAL RESERVE BANKS ARE NOT A PART OF THE FEDERAL GOVERNMENT, BUT THEY EXIST BECAUSE OF AN ACT OF CONGRESS.

    THE FEDERAL RESERVE, LIKE MANY OTHER CENTRAL BANKS, IS AN INDEPENDENT GOVERNMENT AGENCY BUT ALSO ONE THAT IS ULTIMATELY ACCOUNTABLE TO THE PUBLIC AND THE CONGRESS…..

     BECAUSE THEY EXIST BY AN ACT OF CONGRESS FEBRUARY 25, 1791…

    A CENTRAL BANK, RESERVE BANK, OR MONETARY AUTHORITY is an institution that manages a state’s currency, money supply, and interest rates. Central banks also usually oversee the commercial banking system of their respective countries. In contrast to a commercial bank, a central bank possesses a monopoly on increasing the monetary base in the state, and usually also prints the national currency,[1] which usually serves as the state’s legal tender.

    The main function of a central bank is to control the nation’s money supply (monetary policy), through active duties such as managing interest rates, setting the reserve requirement, and acting as a lender of last resort to the banking sector during times of bank insolvency or financial crisis. Central banks usually also have supervisory powers, intended to prevent bank runs and to reduce the risk that commercial banks and other financial institutions engage in reckless or fraudulent behavior. Central banks in most developed nations are institutionally designed to be independent from political interference.[2][3] Still, limited control by the executive and legislative bodies usually exists.[4][5]

    ————————————————————————————-

    BECAUSE THEY  EXIST BY AN ACT OF CONGRESS FEBRUARY 25, 1791..

    1788 Thomas Jefferson watched as the Euro-Banking conspiracy to control  the United States unfolded.

    THE FIRST BANK OF THE UNITED STATES, WAS A NATIONAL BANK, CHARTERED FOR A TERM OF TWENTY YEARS, BY THE UNITED STATES CONGRESS ON FEBRUARY 25, 1791.

    In 1791 the Bank of the United States (BUS) was founded, WITH THE ROTHSCHILDS AS MAIN OWNERS.


  • June 20, 2017 Clallam County SMP Update

    My public comment

    Vested Clallam County Citizens have been fearful of how the SMP Update will affect their private property use since Jan 26, 2011.

    INDEED, THIS IS NOT ABOUT PROTECTING SHORE LANDS, WETLANDS, ANIMALS OR RIVERS. THIS IS ABOUT CONTROLLING PEOPLE AND THEIR PRIVATE PROPERTY.  I WISH PEOPLE WOULD WAKE UP TO WHAT IS TAKING PLACE IN THIS COUNTRY, STATE AND COUNTY  WITH REGARDS TO CENTRAL GOVERNMENT CONTROLLING LAND AND IMPOSING HEAVY REGULATIONS ON ALL PRIVATE PROPERTY.

    I received a phone call from a concerned (fearful) Clallam County citizen last night.

    “Pearl, have you read the new SMP Update Draft? Do you know how Steve Grey and (ESA Consultant) Margaret Clancy have changed it? Do you know what’s in it?”

    We talked for over an hour. My understanding of the most outrageous concerns.

    There shall be 200 foot setbacks based on a concocted 100 year plan?  Clallam County SMP Update Requirements prior to any permitted use of private shoreline property shall include, but not limited to,  up to $20,000.00 in …….

    Geotechnical Engineering

    www.whatisgeotech.org/

    IT INCLUDES, WITHOUT BEING LIMITED TO, the analysis, design and construction of foundations, slopes, retaining structures, embankments, roadways, tunnels, levees, wharves, landfills and other systems that are made of or are supported by soil or rock. Geotechnical Societies by Country.

    ———————————————————-

    The concerned citizen said, Pearl, what are you going to do about this? You have private shoreline property that will be seriously affected.

    IN CLALLAM COUNTY WA, THERE ARE 3300 VESTED SHORELINE PRIVATE PROPERTY  OWNERS THAT SHALL BE SERIOUSLY AFFECTED BY THE OUTRAGEOUS RESTRICTIONS IMPOSED BY SMP UPDATE, I AM JUST ONE OF THEM.

    THE REAL QUESTION IS WHAT ARE OUR ELECTED REPRESENTATIVES GOING TO DO ABOUT IT?

    THEY HAVE VOTERS, INCLUDING, BUT NOT LIMITED TO THOSE AFFECTED BY THE SMP UPDATE, THAT FEEL VIOLATED BY THE RESTRICTED USE OF THEIR PRIVATE PROPERTY IN CLALLAM COUNTY.

    ———————————————————————–

    INDEED, BUT EVEN MORE TO THE POINT, what business does the government have telling a man whether or not he can plow or not on his own land?  This is not about wetlands and animals or rivers.  This is about controlling people and their property.  I wish people would wake up to what is taking place in this country with regards to central government controlling land and imposing heavy regulations on private property.

    —————————————————————

    Farmer Faces $2.8 Million Fine for… Plowing His Field! – Freedom …

    freedomoutpost.com/farmer-faces-2-8-million-fine-for-plowing-his-field/

    May 26, 2017 – A California farmer is facing $2.8 million in fines for plowing his field and planting wheat without a permit. John Duarte of Duarte Nursery is …

    Tim BrownMay 26, 2017

    A California farmer is facing $2.8 million in fines for plowing his field and planting wheat without a permit.

    John Duarte of Duarte Nursery is David going up against Goliath, just like ranchers, farmers and natural health product makers.  His case could set a dangerous precedent that would require farmers to obtain expensive and time-consuming permits from the US Army of Corps Engineers before planting crops.

    “The case is the first time that we’re aware of that says you need to get a (U.S. Army Corps of Engineers) permit to plow to grow crops,” said Anthony Francois, a lawyer for the Pacific Legal Foundation. “We’re not going to produce much food under those kinds of regulations.”

    However, U.S. District Judge Kimberly J. Mueller sided with the Army Corps last June, in which the US Attorney’s Office is asking for $2.8 million in civil penalties.

    Why?  Who was harmed?  What real and actual crime took place?

    USA Today has the background of the story that began in 2012 when Mr. Duarte planted wheat on land that he bought with his own money, some 450 acres.

    Because the property has numerous swales and wetlands, Duarte hired a consulting firm to map out areas on the property that were not to be plowed because they were part of the drainage for Coyote and Oat creeks and were considered “waters of the United States.”

    Francois conceded that some of the wetlands were plowed but not significantly damaged. He said the ground was plowed to a depth of 4 to 7 inches.

    The Army Corps did not claim Duarte violated the Endangered Species Act by destroying fairy shrimp or their habitat, Francois said.

    This particular freshwater species is unique to California and southern Oregon and has been classified as a threatened species since 1994 because much of its wetlands in California’s Central Valley were converted to cropland or became urban.

    Duarte’s wheat was planted but not harvested because in February 2013 the Army Corps of Engineers and the California Central Valley Regional Water Quality Control Board issued orders to stop work at the site. The agencies claimed Duarte had violated the Clean Water Act by not obtaining a permit to discharge dredged or fill material into seasonal wetlands considered waters of the United States.

    Duarte sued the Army Corps and the state, alleging they violated his constitutional right of due process by issuing the cease and desist orders without a hearing. The U.S. Attorney’s Office counter-sued Duarte Nursery tto enforce the Clean Water Act violation.

    Farmers plowing their fields are specifically exempt from the Clean Water Act rules forbidding discharging material into U.S. waters, Francois said.

    The government claims that Duarte did not plow but rather used a ripper, which dug 10 inches into the soil and they allege that it disturbed portions of the property that included wetland areas.

    “Even under the farming exemption, a discharge of dredged or fill material incidental to the farming activities that impairs the flow of the waters of the United States still requires a permit because it changes the chemical, physical and biological integrity of the waters,” the U.S. attorney said in court filings.

    Francois claims the penalties are unfair because his client believed the plowing exemption allowed him to till the soil.

    “A plain reading of the rules says you don’t need a permit to do what he did,” Francois said. “How do you impose a multimillion penalty on someone for thinking the law says what it says?”

    Indeed, but even more to the point, what business does the government have telling a man whether or not he can plow or not on his own land?  This is not about wetlands and animals or rivers.  This is about controlling people and their property.  I wish people would wake up to what is taking place in this country with regards to central government controlling land and imposing heavy regulations on private property.

    ——————

    The bottom line…

    WHAT AM I GOING TO DO ABOUT IT?

    Just saying, To Local Elected Representatives..

    Changes are taking place in WA DC.

    Don’t lock yourself up by imposing restricted use on Private Property that you can’t defend and uphold in a court of law.


  • 2012 SMP Issues Left on the Table

    June 9, 2017  My Updated Public Comment  CLALLAM COUNTY WA SMP

    Subject: SMP PUBLIC COMMENT JULY 14, 2012  ON THE SMP Advisory Committee

    THE PREVIOUS CONDUCT OF THE PARTIES

    July 10, 2012 the 19 SMP Issues left on the table by the Clallam County SMP (citizens?) Advisory Committee.

    Two thirds or more of the SMP (citizens?) Advisory Committee VOTED TO WALK  AWAY FROM THE TABLE,

    LEAVING 19 OR MORE PROPOSED SMP DRAFT ISSUES RELATED TO THE DOE SMP TAKING OF PRIVATE PROPERTY WITHOUT ARGUMENT, SUGGESTIONS OR COMMENT?

    INDEED, THE INTENT OF A PARTY CAN BE DETERMINED BY EXAMINING THE UNDERSTANDING OF A REASONABLE PERSON, AFTER CONSIDERATION IS GIVEN TO ALL RELEVANT CIRCUMSTANCES OF THE CASE INCLUDING THE NEGOTIATIONS, ANY PRACTICES THE PARTIES HAVE ESTABLISHED BETWEEN THEMSELVES, USAGES AND ANY SUBSEQUENT CONDUCT OF THE PARTIES.

    ———————————————————–

    The 19 SMP Update unresolved issues left on the table, At the July 10, 2012 SMP Committee Advisory meeting, Against my suggestion that we needed an additional August meeting to complete our duty to the citizens and private property owners, as SMP advisors, prior to the final SMP draft proposal being written.

    If any of you read this complete July 14, 2012 comment? You understand fully, why I am critical of the two thirds majority of the Advisory Committee members that failed to complete their responsibility to the citizens and private property owners of Clallam County, prior to the 2017 final SMP Draft Proposal, being given to the Clallam County Planning Commission.

    July 10, 2012 The last remark Steve Gray made to me, nearly five years ago was “I just want to get this over with.” 

    ————————————————————

    SUBSEQUENT CONDUCT OF THE PARTIES.

    SMP Cumulative Impact on People

    Posted on November 18, 2014 10:35 am by Pearl Rains Hewett

    This is my Clallam County SMP Public comment and objection

    Pearl Rains Hewett

    ———————————————————-

    SUBSEQUENT CONDUCT OF THE PARTIES.

    Clallam County Shoreline Master Program (SMP) – New Revised SMP Draft (June 2017)

    —– Original Message —–

    From: zSMP
    Sent: Friday, June 02, 2017 4:39 PM
    Subject: FW: Clallam County Shoreline Master Program (SMP) – New Revised SMP Draft (June 2017)

    Interested Parties,

    You are receiving this email because you are on the Clallam County Shoreline Master Program (SMP) Update email notification list.  The County Department of Community Development (DCD) has just released a Revised SMP Draft (June 2017). 

    An “INTERESTED PARTY SINCE JAN 26, 2011?” concerned, vested, voting, Clallam County private shoreline property owner and member of SMP Update (citizens) Advisory Committee.

    —– Original Message —–

    Saturday, July 14, 2012 3:13 PM

    THE REST OF THE STORY…….

    THE PREVIOUS CONDUCT OF THE PARTIES.

    From: pearl hewett

    to  zSMP

    Cc: several

    Sent: Saturday, July 14, 2012 3:13 PM

    Subject: SMP COMMENT #292 ON THE SMP Advisory Committee

    This is my full comment on the SMP Advisory Committee

    Pearl Rains Hewett Trustee

    George C. Rains Estate

    Concerned Member SMP Advisory Committee

    At the July 10, 2012 SMP Committee Advisory meeting

    Two thirds or more of the SMP Advisory Committee

    VOTED TO WALK  AWAY FROM THE TABLE,

    against my suggestion that we needed an additional August meeting to complete our duty to the citizens and private property owners, as SMP advisors, prior to the final SMP draft proposal being written.

    The SMP Advisory Committee that  represent the 3300 Clallam County shoreline private property owners is approximately as follows.

    1/3 = 10 private interest groups

    1/3 = 10 paid government employees

    1/3 = 10 SMP Affected taxpaying private property owners (only 8 at this meeting)

    DOES THE MAKEUP OF THIS COMMITTEE EXPLAINS WHY?

    THEY VOTED TO WALK  AWAY FROM THE TABLE

    LEAVING 19 OR MORE PROPOSED SMP DRAFT ISSUES RELATED TO THE DOE SMP TAKING OF PRIVATE PROPERTY without argument, suggestions or comment?

    (1) DISCUSSED AND QUESTIONED? The undecipherable table with the percentages, the 15% of whatever? It made no sense to me either? One vested citizen, could help with  his knowledge of what he thought it actually was/represented? It would be very helpful to members of the committee.

    The written text related to the undecipherable table below

    1. Minor new development Grading shall not exceed 500 cubic yards; and ii. Land disturbing activities shall not exceed 20,000 square feet, except that on parcels less than five (5) acres, land disturbing activities must not exceed fifteen (15) percent of the gross parcel size; and iii. The total cumulative footprint of all structures on a parcel must be less than 4,000 square feet; and iv. The total cumulative impervious surface area on the parcel must be less than ten (10) . All land disturbing activities must be located on slopes less than fifteen (15) percent; and vi. All land disturbing activities must comply with any critical area buffer and other protection standards established for parcels created by land division.

    ————————————————————————

    (2) DISCUSSED AND QUESTIONED? NOT ADDRESSED

    The limited number of trained specialists,  Engineer’s  comment was in reference to the county SMP  requiring specialists, to perform the mitigation tests. If a property owner could even find one to do the testing? The time delay and cost would be prohibitive.

    ——————————————————————-

    (3) PRESENTED NOT DISCUSSED

    SMP Excessive restrictions on all forms of developments. I am extremely concerned about the additional restrictive requirements written into the SMP update for major development. They are counter- productive to the economic recovery of Clallam County, they restrict the ability of business and citizens to create employment opportunities in both Clallam County and Port Angeles. Why are the Dept. of Community Development and the planning biting off their own feet? Why are they creating these obsessive restrictions on all developments?

    The way Steve was talking it, with all the added bells and whistles, it was to make any form of mitigation for anything totally infeasible, creating a like it or lump it, situation for all development by business or private shoreline property owners.

    ———————————————————————

    (4) PRESENTED- DISCUSSED but NOT ADDRESSED

    The cumulative effect of setbacks SHORELINE, WETLAND and HABITAT   one citizen did a good job when he pointed out an example of the enormous  loss of private property use with the setbacks on Lake Pleasant, in conjunction with the yet undetermined, Clallam County DOE designated WETLANDS.

    ———————————————————————–

     (5) PRESENTED NOT ADDRESSED

    More additional HABITAT setbacks

    IT WAS IMPRESSIVE HOW SMOOTHLY MARGARET AND STEVE JUST ADDED ON THE ADDITIONAL HABITAT SETBACKS, BUT DID NOT MENTION ENDANGERED SPECIES.

    1. Rare, endangered, threatened and sensitive species means plant and animal species identified and listed by the Washington State Department of Natural Resources, Washington Natural Heritage Program, Washington State Department of Fish and Wildlife, or the U.S. Fish and Wildlife Service, as being severely limited or threatened with extinction within their native ranges.
    2. Threatened species means a species that is likely to become an endangered species within the foreseeable future, as classified by the Washington Department of Fish and Wildlife, the Department of Natural Resources, Washington Natural Heritage Program, or the federal Endangered Species Act.

    ————————————————————————-

     

    (6)  COMMENT NOT ADDRESSED

    1. Recording means the filing of a document(s) for recordation with the County auditor.

    ————————————————————————————

    (7) NO DISCUSSION OR RESOLUTION (not required by law)

    1. Restoration means the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of fill, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.

    ————————————————————————————

    (8) DOE DESIGNATED WETLANDS NOT IDENTIFIED OR INCORPORATED

    Wetlands have no boundaries, adjoining wetlands could restrict the use of your property.

    1. Wetlands means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created for non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands created as mitigation and wetland modified for approved land use activities shall be considered as regulated wetlands.

    PROHIBITED EXCEPTION DISCUSSED AND RESOLVED BY RCW

    Provisions for protection SHALL be included in SMP up date.

    1. Revetment means a sloped wall constructed of rip-rap or other suitable material placed on stream banks or other shorelines to retard bank erosion and minimize lateral stream movement.
    2. Rip-rap means dense, hard, angular rock free from cracks or other defects conductive to weathering often used for bulkheads, revetments or similar slope/bank stabilization purposes.

    ————————————————————————-

    (9) DISCUSSED UNDEFINED NO RESOLUTION [insert final date]

    3.1.1 Shoreline Environment Designations

    1. A shoreline environment designation has been assigned to each segment of the shoreline in accordance with this section. The designations are based on the following general factors:
    2. The ecological functions and processes that characterize the shoreline, together with the degree of human alteration as determined by the [insert final date] Shoreline Inventory and Characterization Report and subsequent technical analyses; and

    ——————————————————————

    (10) NOT PRESENTED OR  DISCUSSED

     EXPENSE OF SPECIALISTS FOR APPROVAL

    1. c. Hazard Tree Removal: Removal of a hazard tree may be allowed in the buffer when trimming is not sufficient to address the hazard. Where the hazard is not immediately apparent to the Administrator, the hazard tree determination SHALL be made after Administrator review of a report prepared by a qualified arborist or forester.

    ——————————————————————–

    (11) NOT PRESENTED OR  DISCUSSED

    EXPENSE OF SPECIALISTS FOR APPROVAL

    1. Invasive Species Management: Removing invasive, non-native shoreline vegetation listed on the Clallam County Noxious Weed List may be allowed in the buffer when otherwise consistent with this Program. The disturbed areas must be promptly revegetated using species native to western Washington. The Administrator SHALL require a vegetation management plan prepared by a qualified ecologist, forester, arborist, or landscape architect prior to approving the invasive species removal. The vegetation management plan SHALL  identify and describe the location and extent of vegetation management. For properties within designated landslide or erosion hazard areas, the Administrator may require review of the vegetation management plan by an engineering geologist or geotechnical engineer to ensure that the vegetation management will not cause or exacerbate hazards associated with soil or slope instability. The location and size of the invasive species management area SHALL be clearly defined on the site plan

    ———————————————————————–

    (12) NOT DISCUSSED – ADDRESSED OR RESOLVED

    Taking of Value of view property by limited 20% KEYHOLE view corridor. If 50% of the value of your shoreline property is for the view? Losing 80% the view value will affect the true and real value of your property

    4.2.4 Regulations – Shoreline Buffers

    . 3. Buffer Condition: Shoreline buffers shall be maintained in a predominantly well vegetated and undisturbed condition to ensure that the buffer provides desired buffer functions including shade, habitat, organic inputs, large woody debris, slope stability, water storage, biofiltration, contaminant removal, and fine sediment control. Up to eighty percent (80%) of the buffer area shall be vegetated with native trees and shrubs. The remaining twenty percent (20%), or at least fifteen (15) linear feet of the water frontage, whichever is greater, may be retained as lawn for active use.

    1. Allowed Uses and Buffer Modifications: The Administrator may allow limited clearing, thinning, and/or pruning to accommodate specific shoreline buffer uses and modifications identified in this section. Such allowances shall not require compensatory mitigation provided that the amount and extent of the clearing, limbing, and/or pruning are the minimum necessary to accommodate the allowed use and all other requirements of the Program are met:

    —————————————————————————–

    (13) view corridor NOT DISCUSSED OR ADDRESSED limited and selective tree removal, pruning, and/or limbing in the buffer

    1. View Corridors: The Administrator may allow limited and selective tree removal, pruning, and/or limbing in the buffer to create a view of the shoreline when otherwise consistent with this Program. The removal, pruning, and/or limbing shall not require any ground-disturbing equipment and shall not materially alter soils or topography.

    ————————————————————————-

    (15) NOT DISCUSSED OR ADDRESSED

    EXPENSE OF SPECIALISTS FOR APPROVAL

    Administrator shall require a view clearance plan

    The Administrator shall require a view clearance plan prepared by a qualified ecologist, forester, arborist, or landscape architect prior to approving the view corridor. The view clearance plan shall identify and describe the location and extent of the proposed tree removal, pruning, and limbing and shall demonstrate compliance with American National Standards Institute (ANSI) A300 Standards for Tree Care Operations (Tree, Shrub, and Other Woody Plant Management – Standard Practices). For properties within designated landslide or erosion hazard areas, the Administrator may require review of the view clearance plan by an engineering geologist or geotechnical engineer to ensure that the proposed removal, pruning, and/or limbing will not cause or exacerbate hazards associated with soil or slope instability. The location and size of the view corridor shall be clearly defined on the site plan.

    1. Private Pathways: Private pathways which provide pedestrian access to the shoreline may be allowed within the buffer provided they are constructed of pervious material, are less than or equal to six (6) feet wide, and follow a route that minimizes erosion and gullying

    ——————————————————————————–

    (16)  NOT DISCUSSED OR ADDRESSED

    Taking of Private property for Public access

    The removal of any reference to  the taking of private property for Public access, Clallam County has the highest public access to public land in WA State. At the Private DOE meeting on June 6, 2012 Gordon White agreed that we have sufficient cause 51% to remove any taking of private property for public access.

    —————————————————————————–

    (17) DISCUSSED AND DISMISSED

    EPA. Precautionary setback are not legal

     As questioned by Rob McKenna, why are the DOE SMP setbacks more restrictive the EPA. Precautionary setback are not legal.

    ——————————————————————————–

     (18) LEGALITY OF 80% TAKING  NOT DISCUSSED NOT ADDRESSED

    ONE HUNDRED PERCENT (100%) NON-CONFORMING PROPERTY

    1. At least eighty percent (80%) of the buffer area between the structures and the shoreline and/or critical area is maintained in a naturally vegetated condition.

    What provisions have the DOE made to  stay within the LAW?

    “It is now undisputed that the county had no authority to deprive residents of the use of their own private property.”CAO’S 65 PERCENT” SEIZURE OF PROPERTY PLF Lauds Supreme Court for “Driving a Stake Through One of the Most Extreme Assaults on Property Rights in the U.S.”

    SEATTLE, WA; March 4, 2009: The Washington Supreme Court

    the CAO limited rural landowners with five acres or more to clearing only 35 percent of their property, forcing them to maintain the remaining 65 percent as native vegetation indefinitely. Rural landowners owning less than five acres were allowed to clear only 50 percent of their parcels. Affected landowners had to continue paying taxes on the portion of the property rendered useless by the CAO.

    —————————————————————————–

    (19) NOT DISCUSSED OR ADDRESSED

     THE PROVISIONS OF WAC173-26-191 ANYTHING THAT MAY BE  ILLEGAL AND UNCONSTITUTIONAL AT A STATE LEVEL,

     MAY ALSO BE  ILLEGAL AND UNCONSTITUTIONAL AT A COUNTY LEVEL AND SHALL NOT BE INCLUDED IN CLALLAM COUNTY SMP UPDATE.

     

    WAC 173-26-191

    Agency filings affecting this section

    Master program contents.

    2 The results of shoreline planning are summarized in shoreline master program policies that establish broad shoreline management directives. The policies are the basis for regulations that govern use and development along the shoreline.

    SOME MASTER PROGRAM POLICIES MAY NOT BE FULLY ATTAINABLE BY REGULATORY MEANS DUE TO THE CONSTITUTIONAL AND OTHER LEGAL LIMITATIONS ON THE REGULATION OF PRIVATE PROPERTY. THE POLICIES MAY BE PURSUED BY OTHER MEANS AS PROVIDED IN RCW 90.58.240.

    SOME DEVELOPMENT REQUIRES A SHORELINE PERMIT PRIOR TO CONSTRUCTION.

     A LOCAL GOVERNMENT EVALUATES A PERMIT APPLICATION WITH RESPECT TO THE SHORELINE MASTER PROGRAM POLICIES AND REGULATIONS AND APPROVES A PERMIT ONLY AFTER DETERMINING THAT THE DEVELOPMENT CONFORMS TO THEM. EXCEPT

    WHERE SPECIFICALLY PROVIDED IN STATUTE, THE REGULATIONS APPLY TO ALL USES AND DEVELOPMENT WITHIN SHORELINE JURISDICTION, WHETHER OR NOT A SHORELINE PERMIT IS REQUIRED, AND ARE IMPLEMENTED THROUGH AN ADMINISTRATIVE PROCESS ESTABLISHED BY LOCAL GOVERNMENT PURSUANT TO RCW 90.58.050 and 90.58.140 AND ENFORCEMENT PURSUANT TO RCW

    90.58.210 through 90.58.230.

    ————————————————————-

    If any of you read this complete comment? You understand fully, why I am critical of the two thirds majority of the Advisory Committees that failed to complete their responsibility to the citizens and private property owners of Clallam County on July 10, 2012,  prior to the final SMP Draft Proposal.

    INDEED, THE INTENT OF A PARTY CAN BE DETERMINED BY EXAMINING THE UNDERSTANDING OF A REASONABLE PERSON, AFTER CONSIDERATION IS GIVEN TO ALL RELEVANT CIRCUMSTANCES OF THE CASE INCLUDING THE NEGOTIATIONS, ANY PRACTICES THE PARTIES HAVE ESTABLISHED BETWEEN THEMSELVES, USAGES AND ANY SUBSEQUENT CONDUCT OF THE PARTIES.

    IF THE PARTIES DON’T WANT YOU TO DO IT, THE PARTIES WILL MAKE IT AS DIFFICULT AS POSSIBLE, INCLUDING BUT NOT LIMITED TO FINANCIALLY IMPOSSIBLE.

    The County Department of Community Development (DCD) has just released a Revised SMP Draft (June 2017).