ADDRESSING ENVIRONMENTAL WOES OF POT GROWS

The Humboldt County Board of Supervisors was in the unenviable
position this week of trying to determine how to regulate illicit
businesses.

At issue is the continuing degradation of rural Humboldt County
through marijuana-related diesel spills and the improper disposal of
waste oil.

"It's no secret this area resonates as home to fine marijuana
cultivation," said Jessie Hill, a 33-year resident of the Salmon Creek
watershed and member of the "Concerned Citizens" group from southern
Humboldt County.

The problem is that outdoor grows have moved indoors -- a situation
that requires round-the-clock operation of diesel-powered generators.

The primary concern is the potential for diesel spills and fires, but
there are also issues of air and noise pollution.

"The environmental problems of marijuana cultivation are pretty
widespread," Hill said.

The presentation was illustrated with several shots of indoor grows,
leaking diesel tanks and dumping areas for the waste oil.

Some 70 to 80 percent of rural fires, concerned citizen Robert
Sutherland said, are related to grows, a conclusion based upon
conversations with rural fire chiefs.

A partial solution, the presenters said, is creating a county brochure
advising landowners on the proper way to set up and maintain the
diesel tanks and generators to avoid hazardous contamination and how
to deal with spills.

"We would like that kind of education effort to come from the county,"
Sutherland said.

The organizers also asked the supervisors to develop a fuel tank
registration program that doesn't require a government inspection, and
imposition of a 20 to 25 percent carbon tax on unregistered tanks
established through an ordinance.

At the conclusion of the presentation, the board asked for a response
from Environmental Health Division Director Brian Cox.

Environmental Health has looked at an ordinance, but there are legal
issues the county counsel needs to review, Cox said. And, while he
stated his support for the concept of registering fuel tanks, the
director questioned whether such a measure could be
enforceable.

One thing he did agree with is the detrimental effects that result
from some of the indoor marijuana grows.

"We've seen some real devastation from some of these operations," Cox
said.

Second District Supervisor Johanna Rodoni -- who sponsored the agenda
item -- stated her support for additional county brochures. First
District Supervisor Jimmy Smith suggested contacting fuel providers
for feedback on a possible tank registration program and noted there's
already an annual inspection program for agricultural producers' fuel
tanks.

"Regulating an already illegal operation is pretty interesting," 3rd
District Supervisor John Woolley said.

Fifth District Supervisor Jill Geist concurred, summarizing the
presentation as one seeking the supervisors' assistance in the
"greening of an illegal industry."

"This is a little uncomfortable for us," she said.

The supervisors can't be seen as compliant with an illegal operation
but, at the same time, can't turn a blind eye to environmental
impacts, she said.

Rodoni agreed that regulating an illegal business is a quandary for
the county.

"I think the education component of your plan is the strength the
county can work on," Rodoni said to the concerned citizens. "That's
what I'd like to see the board focus on."

She also suggested putting pressure on the owners of the indoor
marijuana grows to be more responsible with their operations.

"It's hard to figure out a regulatory framework in an illegal world,"
Woolley said.

When the discussion was opened to the public, state Department of Fish
and Game senior environmental scientist Bill Condon expressed concern
about the effect grows have on nearby waterways.

That comes in the form of illegally storing and discharging materials
near streams and the illegal diversion of water to water the plants.

"It adds another level of complexity to this problem," he
said.

The board ultimately opted not to take action on the requests at this
time.