April 22, 2010 Thadeus Greenson for the Eureka Times-Standard

While Security National's initial interim cleanup plan includes the removal of debris and contaminated soil and grading of the property, Rivera said the board is now asking the company to get a statewide general industrial storm water permit that would allow the company to address the storm water issue without moving much soil on the property, or doing other things that would require the approval of other agencies.

Monday, the water board sent the letter to Security National Vice President Randy Gans, stating that it believes the coastal commission has authority to hear the appeal, and asking Security National to act within 45 days to ensure storm water is prevented from running off the property. The letter notes that when the board approved Security National's interim cleanup plan in June, it made the company aware that it also needed a number of permits from a variety of agencies to move forward, including the city's coastal development permit, which is now in the hands of the coastal commission.

”The Coastal Commission has requested from you additional information as a part of that appeal process,” the letter states. “It is our understanding that you have not yet provided that information and have filed suit against the Coastal Commission, asserting, in part, that ... the Coastal Commission does not have the authority to take any action that would conflict with the implementation (of the cleanup plan). We disagree, however, that the Coastal Commission is taking any action that is in conflict with a determination by the Regional Water Board relating to water quality.”