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December 13, 2007

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Live Oak operator blames
wildfires for not fixing system

By Neal Putnam
The Alpine Sun

     SAN DIEGO — Nazar Najor, the operator of a Live Oak Springs water system who pleaded guilty to giving a false report about his water safety, told a judge on Friday he hasn't been able to dig a new well as required because all the qualified workers to help him do that are busy rebuilding homes lost in the October 2007 wildfires.
     Najor, 63, of Boulevard, won a delay in his sentencing until April 11 by San Diego Superior Court Judge Robert O'Neill. Najor's attorney, Manuel Rios, gave the judge a 1 1/2 page summary of all the actions Najor has completed since he pleaded guilty on June 26.
     Najor has sealed up a contaminated water line in Live Oak Springs that brought him to court in the first place. He submitted a false lab report to the county Department of Environmental Health that stated his water system was free from bacteria.
     In fact, a lab report showed the presence of total coliform bacteria in the water. Operators of small water systems are required to submit periodic reports on water quality to officials.
     O'Neill had ordered Najor to close the contaminated well and also come up with an alternative water source.
Deputy District Attorney Karen Doty opposed the sentencing delay, but the judge said he wanted to give him more time to complete the work.
     Najor has completed the permit process to install a well. County officials inspected what he has done so far, and granted the permit on Nov. 27, according to Najor's summary of actions. Najor wrote on Nov. 7 he faxed a county worker a request to perform the required inspection.
     “I hired a commercial well driller on Nov. 3. However, he could not start my job because of other emergencies that came first because of the wildfires," Najor wrote. "All of the other commercial well drillers could not start the job until January of 2008."
     The well driller did start the job and he "installed the 50-foot casing and is waiting for the county inspector...to approve the casing, and then he can complete the job within 10 days."
     However, Najor says, in early December, "the county has informed me that the test needed for a commercial well will take eight weeks." He wrote the county agency will require 92 tests to be conducted before the project is complete. "Labs take a minimum of 60 days to complete such tests," Najor added.
     In June, Najor completed its name change application, and his water line is now called the Live Oak Springs Water Company. He wrote that he could not get loans from banks to do the work.
     "Valuable time was wasted" while waiting for the loans to be approved. In early Nov. he wrote "I was forced to turn to family members for emergency financing for the water well project."
     Najor installed a new fire hydrant to the system, which proved valuable to firefighters when two fires in Live Oak Springs occurred before the Oct. wildfires. He says local firefighters used the new hydrant repeatedly to refill their trucks up to 40,000 gallons of water.
     Although the Oct. wildfires did not hit Live Oak Springs, Najor wrote that evacuees and Red Cross workers were housed in the area through Nov. 5. He provided them with water.
     Due to the wildfires, employees from San Diego Gas & Electric were unable to provide electricity for the project, Najor stated. Najor said he would get a 3-phase generator until SDG&E can complete their work on the well.
     Najor remains free on his own recognizance. He is likely to be placed on probation, but could be fined $25,000, and may not have to do any time in jail.

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