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HomeMy WebLinkAbout02.12.26 Board Correspondence - FW_ Case CS0086265 has been assigned to group ECHO Tier 1.ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. From:Clerk of the Board To:Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Krater, Sharleen; Lee, Lewis; Little, Melissa; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth Cc:Mutony, Heather; Loeser, Kamie; Soderstrom, Monica; Nuzum, Danielle Subject:Board Correspondence - FW: Case CS0086265 has been assigned to group ECHO Tier 1 Date:Thursday, February 12, 2026 5:03:42 PM Please see Board Correspondence - From: Andrew Merkel <ademco9787@att.net> Sent: Thursday, February 12, 2026 12:35 PM To: EPA Public Support <public_support@epa.gov>; Kristin Daily <kristin.daily@doj.ca.gov>; Marina L. Ramirez <mramirez@agclawfirm.com>; District Attorney <District_Attorney@buttecounty.net>; DAFraud <dafraud@buttecounty.net>; Clerk of the Board <clerkoftheboard@buttecounty.net> Subject: Re: Case CS0086265 has been assigned to group ECHO Tier 1 Re: Whistleblower Complaint Under the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1367 Dear OSHA Representative: I am filing this whistleblower complaint under the Federal Water Pollution Control Act (FWPCA) against Sierra Nevada Brewing Company (SNBC), located at 1075 East 20th Street, Chico, CA 95928. I believe I have been retaliated against for reporting alleged violations of the FWPCA related to the discharge of pollutants into navigable waters from point sources without proper permits or compliance. This retaliation includes the filing of a workplace violence restraining order (Case No. 24CV02219, Butte County Superior Court) against me in July 2024, which I believe was motivated by my protected activities, as well as potential influence on my ongoing criminal case in Redding, California (Shasta County), where bail was revoked and other procedural issues arose following my reports. Covered Employee and Protected Activity I am a private sector individual who has engaged in protected activities under the FWPCA. Although I am not a current employee of SNBC, the FWPCA’s whistleblower protections extend to any person who reports violations, including non- employees, as long as the reports pertain to discharges of pollutants into navigable waters. My protected activities include: • Providing information to regulatory agencies and the public about alleged violations of the FWPCA, including unpermitted expansions and potential bypassing of on-site wastewater treatment at SNBC’s Chico facility, which could result in increased organic loadings (up to 130%) into the City of Chico’s sewage treatment works, adversely impacting operations related to oxygen transfer, alkalinity demand, and nutrient dosing. This is based on the 2004 U.S. EPA NPDES Compliance Evaluation Inspection Report for SNBC. • Reporting that SNBC’s Production Well No. 1 (constructed in 2016 under Permit EHWL16-0014 and CEQA17-0005) is being used to support facility expansions (e.g., the CanDo co- packing facility launched in July 2025) without proper CEQA documentation or updates to wastewater discharge permits, potentially violating point source discharge limits under the FWPCA and Porter-Cologne Water Quality Control Act. The well was approved only for an independent water supply for existing operations, not to enlarge the facility’s footprint or increase discharges. Key details from the well’s Construction and Testing Summary (prepared by Luhdorff & Scalmanini Consulting Engineers in November 2016) include: drilling commenced August 30, 2016; pilot borehole to 900 feet bgs; reaming to 810 feet; casing assembly with 640 feet of 12.75- inch stainless steel blank casing and 130 feet of louvered screen (slots at 540-620 and 710-760 feet bgs); gravel envelope from 790-350 feet; annular seal from 350 feet to surface installed September 23, 2016; development pumping up to 1,450 gpm; constant rate tests showing capacities from 187 gpm (1.5 ft drawdown) to 800 gpm (13.5 ft drawdown); and water quality meeting Title 22 drinking standards. The CEQA Mitigated Negative Declaration (Draft IS/MND, CEQA17-0005) includes sections on hydrology/water quality (pages 44-50), hazards/hazardous materials (pages 40-43), and utilities (pages 65-68), noting proximity to toxic sites like Chico Scrap Metal (750 feet north) and Victor Industries (1,500 feet southwest), with a public hearing on August 18, 2017. • Participating in or assisting with potential proceedings by sharing documents such as the 2016 Well Construction and Testing Summary (including appendices on as-built profile, well completion report, geophysical E-Log survey, borehole deviation survey, 4-hour constant rate tests, field data sheets, water quality summary, drilling permit, sanitary sewer discharge permit, and storm drain self-monitoring report) and the 2017 Draft Mitigated Negative Declaration (IS/MND), which highlight site-specific risks near toxic sites (e.g., Chico Scrap Metal and Victor Industries) and hydrology/water quality concerns. • Refusing to remain silent about these unsafe and unhealthful conditions, which I reasonably believe pose risks to public health and the environment, including navigable waters connected to Chico’s sewage system. These reports began as early as 2022 via public posts and complaints to agencies like the Central Valley Regional Water Quality Control Board (RWQCB) and Butte County Environmental Health. I have continued to provide information, including evidence of no public CEQA or permit records for discharges. Additionally, I have reported potential criminal violations to the California Department of Justice (DOJ) Environmental Enforcement Section, as these may involve knowing false statements in permit applications, illegal discharges, or tampering with monitoring under the Clean Water Act and Porter-Cologne Act. The DOJ can investigate felonies related to environmental crimes, and I believe this supports my good-faith reporting under FWPCA. Unfavorable Employment Actions/Retaliation SNBC has taken unfavorable actions against me that I believe were motivated by my protected activities: • On July 10, 2024, SNBC obtained a temporary restraining order (TRO), followed by a full Workplace Violence Restraining Order on July 29, 2024 (Case No. 24CV02219). This prohibits contact with the company and its employees, effectively silencing my reports and causing me harm, including intimidation and threats to my freedom of speech. • The timing of the RO coincides with my ongoing reports about their expansions without proper documentation, suggesting retaliation. This has affected my prospects, as it has been used in my criminal case (involving bail revocation despite a PC 977 waiver), leading to potential blacklisting, denial of benefits, and reassignment of my legal status. • Additional intimidation includes involvement of Water Board officials like Clint Snyder and Scott Small, who I believe downplayed my complaints and may have coordinated with SNBC, contributing to the retaliatory actions. These actions occurred within the last 30 days or are ongoing, with the most recent impacts tied to my criminal hearing began shortly after my reports intensified in 2024-2025. Relief Requested I request a full investigation under 29 CFR Part 24. If the evidence supports my claim, I seek relief to make me whole, including: • Reinstatement of my rights to report without fear, including vacating or modifying the restraining order. • Compensation for special damages, including attorney fees, lost opportunities, emotional distress, and costs related to my criminal defense. • Back pay or equivalent for any financial losses incurred due to the retaliation. • Any other remedies available under the FWPCA, such as punitive measures against SNBC. I am available for an interview and can provide additional evidence, including the attached documents (2004 EPA Report excerpt, 2016 Well Construction Summary, 2017 CEQA MND pages). Please contact me at the above phone or email. Thank you for your attention to this matter. Sincerely, Andrew Merkel Sent from AT&T Yahoo Mail for iPhone On Thursday, February 12, 2026, 12:27 PM, Andrew Merkel <ademco9787@att.net> wrote: Sent from AT&T Yahoo Mail for iPhone On Thursday, February 12, 2026, 12:21 PM, Andrew Merkel <ademco9787@att.net> wrote: Here’s your POC for the Federal Government. Thank you Andrew Merkel Sent from AT&T Yahoo Mail for iPhone On Thursday, February 12, 2026, 12:19 PM, EPA Public Support <public_support@epa.gov> wrote: Hello Andrew Merkel, Thank you for your message. If you believe a facility is in possible violation of environmental laws, please report a violation through EPA's Hotline (https://echo.epa.gov/report-environmental- violations). You can also contact your state environmental agency or a regional EPA office. Contact information for state agencies can be found here: https://www.epa.gov/home/health-and- environmental-agencies-us-states-and-territories. Contact information for EPA Regions can be found here: https://www.epa.gov/aboutepa. You may also consider contacting your local environmental/health department. Please don't hesitate to contact us if you require any additional assistance. Regards, Rusty Russell Wasem ECHO Product Owner Office of Compliance / U.S. EPA (202) 564-7096 wasem.russell@epa.gov On Thursday 12, February 01:28:29 AM EST, 'EPA Public Support ' wrote: CS0086265 - Sierra Nevada brewery A case has been assigned to ECHO Tier 1. Public User Name: Andrew Merkel Public User Email: Ademco9787@att.net Question: Dear OSHA Investigator: I am filing this whistleblower complaint under the Federal Water Pollution Control Act (FWPCA) against Sierra Nevada Brewing Company (SNBC), located at 1075 East 20th Street, Chico, CA 95928. I believe I have been retaliated against for reporting alleged violations of the FWPCA related to the discharge of pollutants into navigable waters from point sources without proper permits or compliance. This retaliation includes the filing of a workplace violence restraining order (Case No. 24CV02219, Butte County Superior Court) against me in July 2024, which I believe was motivated by my protected activities, as well as potential influence on my ongoing criminal case in Redding, California (Shasta County), where bail was revoked and other procedural issues arose following my reports. Covered Employee and Protected Activity I am a private sector individual who has engaged in protected activities under the FWPCA. Although I am not a current employee of SNBC, the FWPCA’s whistleblower protections extend to any person who reports violations, including non-employees, as long as the reports pertain to discharges of pollutants into navigable waters. My protected activities • Providing information to regulatory agencies and the public about alleged violations of the FWPCA, including unpermitted expansions and potential bypassing of on-site wastewater treatment at SNBC’s Chico facility, which could result in increased organic loadings (up to 130%) into the City of Chico’s sewage treatment works, adversely impacting operations related to oxygen transfer, alkalinity demand, and nutrient dosing. This is based on the 2004 U.S. EPA NPDES Compliance Evaluation Inspection Report for SNBC. • Reporting that SNBC’s Production Well No. 1 (constructed in 2016 under Permit EHWL16-0014 and CEQA17-0005) is being used to support facility expansions (e.g., the CanDo co-packing facility launched in July 2025) without proper CEQA documentation or updates to wastewater discharge permits, potentially violating point source discharge limits under the FWPCA and Porter-Cologne Water Quality Control Act. The well was approved only for an independent water supply for existing operations, not to enlarge the facility’s footprint or increase discharges. • Participating in or assisting with potential proceedings by sharing documents such as the 2016 Well Construction and Testing Summary (showing capacity up to 800 gpm) and the 2017 Draft Mitigated Negative Declaration (IS/MND), which highlight site-specific risks near toxic sites (e.g., Chico Scrap Metal and Victor Industries) and hydrology/water quality concerns. • Refusing to remain silent about these unsafe and unhealthful conditions, which I reasonably believe pose risks to public health and the environment, including navigable waters connected to Chico’s sewage system. These reports began as early as 2022 via public posts and complaints to Regional Water Quality Control Board (RWQCB) and Butte County Environmental Health. I have continued to provide information, including evidence of no public CEQA or permit records for recent expansions, which could lead to unpermitted pollutant discharges. Unfavorable Employment Actions/Retaliation SNBC has taken unfavorable actions against me that I believe were motivated by my protected activities: • On July 10, 2024, SNBC obtained a temporary restraining order (TRO), followed by a full Workplace Violence Restraining Order on July 29, 2024 (Case No. 24CV02219). This prohibits contact with the company and its employees, effectively silencing my reports and causing me harm, including intimidation and threats to my freedom of speech. • The timing of the RO coincides with my ongoing reports about their expansions without proper documentation, suggesting retaliation. This has affected my prospects, as it has been used in my criminal case (involving bail revocation despite a PC 977 waiver), leading to potential blacklisting, denial of benefits, and reassignment of my legal status. • Additional intimidation includes involvement of Water Board officials like Clint Snyder and Scott Small, who I believe downplayed my complaints and may have coordinated with SNBC, contributing to the retaliatory actions. These actions occurred within the last 30 days or are ongoing, with the most recent impacts tied to my criminal hearing continuance (originally 45 days from late 2025). The retaliation began shortly after my reports intensified in 2024-2025. Relief Requested I request a full investigation under 29 my claim, I seek relief to make me whole, including: • Reinstatement of my rights to report without fear, including vacating or modifying the restraining order. • Compensation for special damages, including attorney fees, lost opportunities, emotional distress, and costs related to my criminal defense. • Back pay or equivalent for any financial losses incurred due to the retaliation. • Any other remedies available under the FWPCA, such as punitive measures against SNBC. I am available for an interview and can provide additional evidence, including the attached documents (2004 EPA Report excerpt, 2016 Well Construction Summary, 2017 CEQA MND pages). Please contact me at the above phone or email. Thank you for your attention to this matter. Sincerely, Andrew Merkel Take me to the Case Ref:MSG28746316_5lq7Zkb0s8b0HVARY Zn Ref:MSG28759920_OlKstXocFoI5hVuD9z3