Home › Environment
Officials say dumping on land illegal despite protest
Download this story as a podcast!
Eric Parsons / Star staff Nelson Somers, left, says he is trying to shore up a creek bed with construction debris to prevent flooding on his land in Fillmore. But officials call it illegal dumping. Jim Horner, right, is an employee.
STORY TOOLS 
More from EnvironmentOfficials have ordered a Fillmore man to stop dumping construction materials on his property because it constitutes an illegal dump.
Nelson Somers charged from $30 to $50 for each of the 100 dump truck loads of concrete and brick deposited on his property. But he said he did it to improve the land and stave off potential flooding damage.
Somers said he thought it would take too long for the government to fix the problem of flooding in the creek bed off Guiberson Road that leads to the Santa Clara River, so he did the work himself.
"It was a cheap way to make something better," said Somers, who owns a number of farms in the Santa Clara Valley. "As long as it doesn't affect anyone else, it's our problem."
Ventura County Environmental Health officials didn't agree. The department issued an order to cease and desist dumping last month, said William Stratton, manager for the department.
Somers was dumping large chunks of concrete, bricks and pieces of rebar into a ravine that washed out in the 2005 floods in hopes of shoring up the property and re-establishing it as farmland.
Stratton said it was a relatively common practice by farmers in the past to reclaim land lost during flooding. But the rules changed in 2004, and owners are no longer allowed to dump construction materials to reinforce property.
He said the county has been finding a number of these types of illegal dumps since the new regulations were established.
"This one is fairly characteristic in size with what we have been seeing," Stratton said.
The county has asked Somers to submit a detailed analysis of the site and a plan for remediation. Though penalties could accrue, the county is more interested in trying to fix the problem first, Stratton said.
Ron Bottorff, chairman of Friends of the Santa Clara River, said he's worried about what will happen when the next flood comes.
"The Santa Clara River watershed is known for rearranging itself in big storm events," Bottorff said. "The mess he's created will come down the canyon and into the Santa Clara River and create a major pollution problem."
But Somers said he's trying to do the right thing and fix the problem correctly. He's hired an engineer to figure out the best plan to reinforce about 100 feet of bank with the chunks of concrete. He wants to reinforce the chunks with new concrete so it stabilizes the creek bed, but he said progress has been stopped.
Ultimately, the goal is to return the surrounding 800 acres to farmland, where he can plant avocado and citrus trees. The area was extensively flooded in 2005 and he said he's trying to improve the land.
Somers said too many rules are getting in the way of farmers just trying to do their business. He said he knew he probably needed to get some permits, but figured it was his property and he could get it done quicker without the bureaucratic red tape.
"We wanted to get it done," he said.
Posted by LS_Hotrod on November 21, 2007 at 2:24 a.m. (Suggest removal)
What readers don't know is the site is 600 acres and has rotting garbage about 100 acres 6 feet thick; its not just the concrete. 100s of tons of garbage are being dumped up there. Its not just a few trucks. Everyone, including the County, knows Nelson has been dumping illegally for years up in Ojai, up Hopper Canyon across the Santa Clara where he was busted, and down in the river off 126 with the same kind of thing. HE KNOWS ITS ILLEGAL and has been busted before. This is just another site where he can charge a couple of hundred bucks a load for garbage then cover it up with "compost" and call it agriculture. If pigs could fly! He's making a few thousand dollars a day and could care less if hes fined when hes put $500,000 in his pocket from his dump. Well, I've seen the site and its full of broken glass and garbage and stinks like a landfill. He filled in the streambeds with dumping so his "helpful farmer" line is rubbish. And garbage...you can see the line of trucks drive down Guiberson Road from Los Angeles. He has 20 trucks a day dumping garbage up there and its not just construction materials. Its stinking trash mixed with rotting mulch. Why doesn't Nelson explain his previous illegal dumping, LIKE HE DIDN'T KNOW he was breaking the law? after being busted before? and ask him why his site is filled with tons broken glass. No farmer would put broken glass in his orchards or rows; hes just lying.....Nelson Somers told everyone when he bought that land he would make a million charging for dumping and fill up the canyon. He said "If I can't make money growing crops up there I'll make it as a landfill for trash haulers from Los Angeles" He's not fooling anyone. He's been cited before by the county and continues to pollute and get money for it. 20 plus trucks a day dumping from LA and he charges big money in dump fees. When it rains, all Nelson Somers landfill will run into the Santa Clara and down to the beaches, poisoning the water wells along the way. Its time the County shut him down for good since hes been doing this for years and knows better but must think hes above the law. Don't let him pollute our county with trash from LA with his illegal dump. His trash will end up at the beach this winter and you'll wonder why they are closed due to pollution. Id say criminal charges are in order, and he should clean up his illegal dump and shut it down...forget working with him, he's had his chances and has proven hes a gross pollutor; STOP LA GARBAGE from polluting Ventura County. Urge your county supervisors to file criminal charges agains't him and maybe it will stop the flow of trash and lines of trucks from ruining our county. Shut it down for good so other land rapists don't get the idea that Ventura is LA's landfill. Anyone who doesn't see whats going on at the County is probably being paid off by Somers......maybe this needs some accounting. Stop the dumping.
Posted by Quantity_Ag on November 21, 2007 at 4:38 a.m. (Suggest removal)
1. Somers is taking 100s of tons of greenwaste and other dump material so its not just for shoring up the erosion. He's running a cash landfill and making about $50,000 a month.
2. Somers wiped out the stream bed and filled it in with dump material so how is he helping the situation? Theres no way for him to fix it What a con!
3. Somers only bought the property in 2007; all the dumping has gone on this year. He is claiming he didn't want to wait for the government to fix the problem? The flooding and pollution will be from his illegal grading and dumping. He had his plans even before he closed escrow.
4. Somers told everyone he thought the land was useless when he bought it and would make bank(millions) from a landfill. He doesn't want to farm it, he wants to fill it with trash. Everyone knows you can't plant avocado or citrus up that canyon due to the erosion and saline soils. Who is he trying to kid?
5. Land application of mulch is not truckloads of broken glass and plastic, construction materials and garbage. No farm manager would let that material on their land. He has destroyed that property. Is the county now going to clean it up for him?
6. He extensive grading on the hillsides without any permits. and knew better. He just didn't think he would get found out.
7. When all the mud and landfill washes out on to Guiberson Road and into the river; then what?
8. Somers is only profiting from this and probably figured out what it would cost him to pay off the county, pay some fines and clean up 10 percent of the damage he's done. All the buried waste is hidden til it all washes down the canyon. I hope everyone on Guiberson Road rallies to stop him for good.
9. Has the county even considered the traffic impact of the dump traffic? Guiberson Road was a scenic backroad but with all the garbage and dust it will be a sewer for all the residents.
10.Somers knows the rules.He broke the law,and now all of the santa clara downstream is gonna pay for it with pollution, all the residents on Guiberson Road are gonna be dusted out by dirt and dump trucks. If the county doens't shut that dump down,fine him all the money he made from dumping, and make him clean that canyon up, its time we get rid of some elected officials and department heads for graft and corruption. If criminal charges aren't filed its time to replace the District Attorney.
Bottom line: the District Attorney should be filing charges since Mr. Somer's intent was to make that canyon a landfill, he knew he was breaking the law, and did it anyhow. Hes no good farmer, he's just a law breaker and hes making big money doing it. Ask any farmer in the area and they can tell you; the place is a landfill nothing else.
Posted by djh329 on November 21, 2007 at 7:55 a.m. (Suggest removal)
He is a criminal, not preparing for farming!
Posted by sluggo on November 21, 2007 at 7:58 a.m. (Suggest removal)
Yeah! Listen to Hotrod.
Stop the illegal polluting and horrible punctuation/grammar.
Posted by iproducer4u on November 21, 2007 at 9:14 a.m. (Suggest removal)
What I want to know, out of all of you who posted comments, has anyone filed a complaint with the county or any government agency? If so, how long ago was it before they actually investigated this? Dont get me wrong, I applaud you guys for bringing light to this article, if it werent for your comments, I would have probably thought this guy got caught up in red tape with the county as usual. But now, I see that he is a plain ole crook and should be held accountable for his actions. Im sure Totten`s office will definitely look into this matter as it has now been read throughout the county!! Who knows, when you got a crrok like this who dont give a damn about his neighbors or community, and especially that he is dealing with haulers from the LA area, I wouldnt doubt it if he is dumping illegal Hazardous Waste, and I hope they check for that aswell!
Posted by TFF on November 21, 2007 at 4:42 p.m. (Suggest removal)
Sour Grapes, Jealousy? Sure sounds like it to me.. I’m am sure that most people who really knows Nelson Somers, would agree he is one of the most honest, productive, hard working farmers in the county. You would find it difficult to find a farmer with a greater vision, passion and just a harder worker when it comes to farming . I had seem him turn eyesore agricultural properties, seemly almost overnight, into beautiful highly productive agricultural properties. I think before people comment they should take another look at his other ranches to see truly what a incredible farmer Nelson is. After reading some of the detailed comments of earlier writers, I wonder where they got all this so called facts, seems like they don’t have anything else going on. So I say again Sour grapes and/or jealousy?
Posted by mike on November 21, 2007 at 7:42 p.m. (Suggest removal)
The above comment posted by Quality Ag was done so by someone other then the owners/managers of Quality Ag Inc. Someone who does not have the courage or character of an honest farmer in our valley has, without the permission of the owner of Quality Ag written a comment and illegaly posted the name Quality Ag instead of their own. This is wrong and I hope that the Star Free Press now realizes this and removes it from this article.
Posted by twoods on November 21, 2007 at 9:45 p.m. (Suggest removal)
It's Fillmore who cares? Fillmore is known for fireworks sales and stopping and using the restroom as you're heading to Magic Mountain.
Posted by Land_Phil on November 21, 2007 at 11:40 p.m. (Suggest removal)
"Somers said too many rules are getting in the way of farmers just trying to do their business"
"It was a cheap way to make something better," said Somers, who owns a number of farms in the Santa Clara Valley. "As long as it doesn't affect anyone else, it's our problem."
Is this the same Nelson Somers who owns the following dumps:
Santa Clara Organics, LLC (56-AA-0145) Ventura County
Identification: Local Enforcement Agency (LEA):
Location: Santa Clara Organics, LLC
315 Cavin Road
Fillmore, CA 93015
Latitude: 34.39594
Longitude: -118.85033
GIS Confidence: Map
US EPA FRS ID: Not Available
County of Ventura
County Resource Management Agency
Environmental Health Division
800 S Victoria Ave
Ventura, CA 93009-1730
Phone: (805) 654-2821
Fax: (805) 654-2480
Operator/Business Owner: Land Owner(s):
Santa Clara Organics, LLC
315 Cavin Raod
Fillmore, CA 93015
Phone: (805) 524-2751
Fax: (805) 524-3896
Land Owner:
Somers, Nelson
315 Cavin Road
Fillmore CA 93015
Phone: (805) 524-2751
Fax: (805) 524-3896
Classification: Solid Waste Facility
And
Identification: Local Enforcement Agency (LEA):
Location: Ojai Valley Organics
End of Old Baldwin Road
Ojai, CA 93023
Latitude: 34.42709
Longitude: -119.2999
GIS Confidence: External
US EPA FRS ID: Not Available
County of Ventura
County Resource Management Agency
Environmental Health Division
800 S Victoria Ave
Ventura, CA 93009-1730
Phone: (805) 654-2821
Fax: (805) 654-2480
Operator/Business Owner: Land Owner(s):
Santa Clara Organics, LLC
P.O. Box 824
Fillmore, CA 93016
Phone: (805) 524-2751
Fax:
Land Owner:
County of Ventura
1000 Hill Road, Suite 1000
Ventura CA 93004
Phone: (805) 289-3333
Classification: Solid Waste Facility
So are we to believe that he is a farmer dump owner? If the latter, shouldn't he know better? Is it coincidence that one of his dumps is located on County property? One may conclude there is some fishy dealing here with the County and potential conflict of interest.
Posted by Land_Phil on November 22, 2007 at 12:12 a.m. (Suggest removal)
Public safety would dictate that the County review the above-mentioned dumps historical compliance and violations but also make personal, detailed inspections of each to determine the extent of any problems. One can only hope that Mr. Somer's admission of guilt in not applying for permits and knowingly dumping illegal materials would lead investigators to other potentially illegal operations owned and run by Mr. Somers, including his "farms". It may well be that he has profited from dumping all these years pretending to be the good farmer. It would be interesting to see what other skeletons he has buried in his numerous sites and take a looksie at his revenue stream. This may be just the tip of the iceberg and may include some dirty hands in public offices since one dump is located on Ventura County Land. Certainly this information should be forwarded to the CAL/EPA for a full investigation and oversight of local regulatory agencies. As the author has reported in another article, other land owners "Staben, along with Muranaka Farms on an adjacent property on Los Angeles Road near Moorpark, were ordered by the EPA to clean up debris dumped into the creek, which is a violation of the Clean Water Act." It appears they merely dumped dirt to restore the eroded banks "and could face $32,500 in fines for each day they are deemed in violation of the orders"
Of importance as well may be this report by FEMA on the Canyon Mr. Somers is dumping in.
Emergency Assessment of Debris-Flow Hazards
from Basins Burned by the Piru, Simi, and
Verdale Fires of 2003, Southern California
Susan H. Cannon, Joseph E. Gartner, Michael G. Rupert, John A. Michael U.S. Geological Survey, Box 25046, DFC, MS 966, Denver CO 80225, (303) 273-8604, cannon@usgs.gov
http://pubs.usgs.gov/of/2003/ofr-03-4...
This may be a matter best investigated by State and Federal regulatory agencies and their notice should be a priority.
Posted by Ventura22 on November 23, 2007 at 3:24 p.m. (Suggest removal)
Just another common crook hiding behind those old BS lines about the "poor little farmer". I hope he gets jail time and loses his land over this. At the very least, he should be held fiscally responsible for the full cleanup and restoration of any sites where he was doing this. This is awful and sad. And I used to wonder why I would occasionally spot garbage & dump trucks loaded full going up to those areas where I know no legal landfills are located. People be aware of your surroundings and pay attention; if it doesn't look right, it probably isn't.
Posted by Land_Phil on November 23, 2007 at 6:12 p.m. (Suggest removal)
Who is protesting? It would be most appropriate that the author of this article depict the actual story. Mr. Somers is operatng an illegal landfill for profit in an ecologial and geological watershed; a steep canyon that floods every year and not as described, "800 acres of farmland". The 1000s of tons of material(the author failed to mention)occupies many tens of acres and the 100 truckloads of concrete is minor compared to the enormous volume of waste Mr. Somers has charged private haulers from LA to dump illegally within the last year since purchasing the property. This is not "a cheap fix" this is a criminal enterprise who purchased the land to pollute it then walk away with the money charged for dumping. This is a major ecological issue with the need for both State and Federal intervention. Owning 2 other dumps, the owner has knowingly committed crimes and admits to it, while profiting from the dumping. The only protest, as the author has inaccurately titled in his story, has been from the criminal himself, Nelson Somers. Lets see some accurate writing to show the extent of this illegal dump and investigate what the District Attorney, County, State and Federal Government is doing to stop it. Red tape or red herring, Mr. Somers, a profiteer from illegal dumping,should be brought to justice. He has operated dumps in the county for years so he cannot claim ignorance. This is pure greed and the "protest" should be that nothing is being done about it. I would urge anyone who is a ventura county resident, or concerned party who cares about the environment to immediately file a complaint with local agencies, the district attorney's office, Cal/EPA, State water and integrated solid waste manaagement, Fish and Game, and Federal EPA to act on this matter without delay. This is not farming; this is greed and deception. Please contact all Ventura County Supervisors, Kathy Long in particular, and really "protest" them looking the other way while their county becomes a toxic waste dump for LA, later to be cleaned up by taxpayers' monies. A pubic records search found APN numbers 500-0-020-095, 055-0-260-295, 500-0-060-045, All owned by Bonanza Partnership, AKA. Nelson Somers with a Fillmore address. Accuracy in reporting mandates this post and I would urge everyone to demand immediate action. Stop the dumping and ask for criminal charges.
Posted by l.nodolf on November 23, 2007 at 8:59 p.m. (Suggest removal)
The problem is what to do with the large amount of trash generated daily by this state. No one wants it in their backyard similar to our dependence on oil and gas yet unwillingness to build new refineries on the west coast.
To suggest Somers is destroying this ranch is criminal itself. He has already turned this formerly poorly managed agricultural acreage into a vision for the future.
Sadly enough, this does appear to be a case of jealousy by the former landowner who was unable to farm this ranch to its potential.
The use of mulch in our community is a proven agricultural success, keep on trucking...
Posted by QuestionAuthority on November 24, 2007 at 8:19 a.m. (Suggest removal)
I know my comment might seem somewhat ignorant and too simple to some of you posters, and I apologize in advance for those who might think so, but I’m going to throw it out there anyway. I believe ALL Counties of Southern California are huge trash and garbage producers, and the fact is, that we have run out of local areas to dispose of our waste that isn‘t either going to offend our communities or damage our land. I think “we consumers” need to step up our Recycling/Garbage division efforts and place refuse in the proper cans prior to pick up so that the appropriate centers can deal with our waste more easily and efficiently. I also believe that our Garbage/Refuse Centers and our Recycling Centers need to improve their “content divisionary system” so that refuse can be distributed more efficiently and acceptably throughout our State. And finally, I believe we need to build new and improved compost and refuse centers to break down and re-use as much of our waste PRIOR to tossing it out into our land. What is left over should be transported Way-Out to areas where it can do no damage, and might even do the area some good as far as shoring up or filling up etc., etc.
No one wants the waft of putrid smells clouding over their city or town. But we as a community and a government need to find the “best way” to dispose of our waste, not the easiest. I am very interested to see how this Story plays out. There are interesting points on both sides of the issue within this story, and without being a professional land surveyor and evaluating the land in question first hand, it is really hard for me to determine which side speaks the truth. I just know “WE” have a problem on an even larger scale and it deserves attention.
Posted by Woolsey on November 24, 2007 at 2:35 p.m. (Suggest removal)
This appears to be a "discharge" that could potentially affect the quality of waters of the state and would therefore be subject to the Water Code and regulation by the Regional Water Quality Control Board. If you have knowledge that this is the case, contact the head of enforcement at the Regional Board - Hugh Marley - at (213) 620-6375 and describe what is going on. Alternatively, fill out a CAL/EPA environmental complaint form at: http://www.dtsc.ca.gov/database/CalEP...
Good luck!
Posted by bobbyg on November 26, 2007 at 4:47 a.m. (Suggest removal)
These are posts from people who noticed a problem, long ago, and have said NOTHING or not protested loud enough until an article appears in the paper. Can you spell HYPOCRITES?? I am sure that these same people have garbage which has went to this site. They do not ask local haulers if the garbage they generate goes to a Permitted Landfill, they simply pay low or no fees to have it go away and out of site. The LEA are the agency which is NOT DOING THEIR JOBS. The CIWMB also oversees and funds the LEAs, but do not expect any help from Sacramento, they simply dole out the money and do not check if LEA's are doing their jobs. Sad commentary on ALL CALIFORNIANS. The other day a similiar article referanced Illegal dumping in Merced, with the responses from people saying the rates are too high and they saw no harm with illegal dumping. You people deserve all the illegal dumps and polluted waterways you get, wasteful illegal dumpers and lazy County LEA's.
Posted by secretz on November 26, 2007 at 10:57 a.m. (Suggest removal)
I've personally seen the site and this guy LS_Hotrod/LTS93015 is making this sound much bigger than is really necessary. The site is NOT a dump. Sure, there's concrete, but not garbage.
This desperate attempt to ruin a farmer's name is quite ridiculous and it makes me wonder what this guy's (LS_Hotrod/LTS93015) true intentions are based upon.
Posted by USA_ROCKS on November 27, 2007 at 10:47 a.m. (Suggest removal)
What an overblown bunch of crap!
Posted by guerodrex on November 27, 2007 at 1:36 p.m. (Suggest removal)
This selfish jerk needs to be shut down! He is making tons of money by ecologically ruining the Santa Clara River. WHat happens when the rains come through and start washing all this debris starts flowing down river? The debris could injure or kill someone!
Posted by ohibuddy on November 27, 2007 at 11:33 p.m. (Suggest removal)
i,ve seen this dump.there is no trash...what he has done has been done for years up and down both sides of the river.when santa paula airport was in a pannic thay dumped the same stuff right into the river.i was there to.the only thing that has changed about this proven prosses is the red tape.vulcan takes the same meterial and its then used as road base,when that floods and goes down river is that better?they get $100 a load...$50 a load barly would cover the feul and laber.so i dought he is making millions.i dont think he is responsible for the ruin of our world.he is giulty of not getting a permit.like a lot of people.did you get a permit last time you changed out your toilet or hot water tank?it is the law!!!
Posted by Land_Phil on November 28, 2007 at 8:54 p.m. (Suggest removal)
What others do to violate the law is not as important as the intent of this land owner. He made statements before even starting the landfill that he would make millions charging for waste from LA haulers and fill the canyon. Tolan Road and La Conchita both have permitted dumps within 8 miles but Mr. Somers is unpermitted and dumping illegal materials; he knew they were illegal, attracting illegal dumpers who have potentially hazardous material. In charging for the dumping he is making money. Since he has operated dumps for years he knows what is illegal and what is not. Intent and premeditation with a profit incentive is clearly enough for the District Attorney and State Regulatory agencies to file criminal charges by his own admisson "he knew he should have applied for permits" Permits that would have been rejected. I do believe several felonies have been committed. Legal loads go to the much pricier permitted dumps. They have IERs and comply with the county and state regulations. Loads with potential toxics and hazardous waste must have flocked to Somers' site knowng they could dump anything without consequence. The many ens of acres of dumping must be removed, hauled off to a regular land fill at the owner's expense and the stream bed restored to prevent further debris flow. The hills that were cut without permits and approval need immediate engineered erosion mediation. Additionally, steep fines and jail time should set an example that no one is above the law. We all have a responsibilty to make sure this doesn't happen again. If those who have actually seen the dump can explain the acres and acres of solid layers of broken glass as a bonefide "ag land use" please do so since no farm manager, including Quality Ag, would be so foolish to dump tons of broken glass in orchards to destroy water lines, tractor tires and injure field workers. This is a scam and no farming enterprise. The owner should be held accountable and to a high standard given his admissions and gross disregard for the law and the environment. This is not common sense vs. red tape;it is deliberate criminal acts that were for profit. If the District Attorney is not willing to investigate criminal charges, the State Attorney General should be notified and step in and a task force of agencies enforce the laws that protect us all.
Posted by ebrockway on December 7, 2007 at 9:49 a.m. (Suggest removal)
People keep talking about acres of broken glass and rotting garbage. Got pictures?
The story above features a picture of the dump site, and it's author Zeke Barlow I assume is standing there talking to the guy on site. Ask him what he saw.
If you have pictures, bring them forward. If not, get them. I see posts saying "they saw" and "they heard him say". Sounds to me like you are first-hand witnesses to his intent. Any of you making these claims contact the DA?
Posted by Land_Phil on December 7, 2007 at 3:28 p.m. (Suggest removal)
I was informed that several regulatory agencies have photos of the illegal fill,the glass, the plastics, and the extensive illegal grading that took place. A cease and desist issued by Ventura Environmental health was over 1 month ago and the unregulated dumping still continues which leads one to believe the County has a tiger by the tail or is looking the other way. The District Attorney advised they only files charges based on the recommendations of the law enforcement agencies ie. fish and game, zoning and plan enforcement and others. They will investigate public complaints but not with the same vigor. Many times, political and financial decisions are made and not on the basis of crimes being committed and are short sighted as to the long range pollution and clean up costs. Assuredly the DA and other policing agencies shall be involved but only by their own investigation, which is often very slow and questionable. The DA should be contacted to find out why charges have not been filed.........and investigate any shading dealings within the policing or regulatory agencies. If enough people do make the DA aware, then there may be some expedience in stopping the dumping and investigating the criminal nature of the acts. The supervisor for that area has been contacted, Kathy Long, and has an obligation to protect her constituents from illegal and public health risk. She should be held accountable for any inaction; to date her office has issued no answers that I am aware of. She is your elected official, what is she doing about it?
The question should be asked to all regulatory agencies, why is the dumping continuing and the owner profiting daily from it.
(Requires free registration.)
Article discussions on this site are to support community debates of issues related to our stories and editorials.
Discussions should not stray from the subject of the story or editorial.
We do not allow the following:
We reserve the right to delete threads and/or ban users for these or other reasons we deem necessary.
Opinions are the sole responsibility of the person posting them. You agree not to post comments that are off topic, defamatory, obscene, abusive, threatening or an invasion of privacy. Violators may be banned. Click here for our full user agreement.