News - Local - North Coast

Friday, Jun. 06, 2008

Reclamator creator - which he says turns sewage into drinkable water - files defamation suit against state for nearly $80 million

Inventor who touts his device as solution to Los Osos waste woes seeks $79 million plus

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The inventor of a device that he claims turns sewage into drinkable water has sued the state and some of its local water quality regulators for nearly $80 million, alleging they defamed him and his product.

Tom Murphy, inventor of the Reclamator, has for months touted his device as the solution to Los Osos’ sewer woes.

At the same time, the Regional Water Quality Control Board staff has repeatedly warned Los Osos residents about Murphy’s claims about his product, saying the device hasn’t been thoroughly tested and may not meet water quality standards.

In a lawsuit filed in San Luis Obispo Superior Court this week, Murphy claims he has been prevented from doing business in the coastal town because of some of the state-

ments made by water board executive officer Roger Briggs and Enforcement Chief Harvey Packard about the Reclamator.

“The regulators—the environmental police—are not allowing the technology to be implemented as required by federal law. That’s damaging me hugely,” Murphy said.

Lawsuits represent only one side of a claim.

Packard declined to comment on the lawsuit Thursday, saying his agency had not been served with it.

The lawsuit points out a March 2007 radio talk show on which Packard made statements about whether the Reclamator conformed to state water quality standards—statements Murphy alleges are false.

Since then, Murphy claims he has been unable to do business with potential customers.

He’s asking for at least $50,000 for loss of reputation, shame and mortification, and at least $50,000 for severe emotional distress.

And he’s demanding at least $79.5 million in damages for destroying the reputation of his business. Murphy said that’s about how much he’d earn in profits over a 20-year period by selling Reclamators to Los Osos residents.

Murphy said his company will continue to pitch the device to local residents. Each Reclamator would cost a property owner $15,000, Murphy said. That will increase to $20,000 in August, he added.

“The public will have to pay more, because we have to cover the marketing efforts” to convince potential customers that the Reclamator is legitimate.

Los Osos does not have a sewer. Homes and businesses in the town of more than 14,000 rely almost entirely on septic tanks to dispose of waste.

County officials took over preliminary design and construction of a sewer under a bill brokered by Assemblyman Sam Blakeslee, R-San Luis Obispo, and signed by Gov. Arnold Schwarzenegger.

Murphy said water board officials should be demanding that the county require Reclamators on properties in Los Osos, saying the device conforms to state and federal water quality standards.

But Packard said the water board’s job isn’t to tell the county what to do. Instead, he said, the county will “go through the process to figure out what technology works best” and then seek approval.

“We’ll review it (the Reclamator), and if it meets the standards, then we’ll approve it,” Packard said.