Posted on 11/14/2003 6:07:25 AM PST by Gritty
PENROSE -- A more than four-year standoff between a metal stamping plant owner and the U.S. Environmental Protection Agency has apparently ended in favor of plant owner Steve McNabb.
On Monday the EPA withdrew a complaint and compliance order against American Carolina Stamping, which McNabb and his wife, Janet, own.
The order stemmed from a 1999 raid by the EPA Criminal Investigations Division agents. The order charged the plant with hazardous waste violations, including failing to make a hazardous waste determination, receipt and storage of hazardous waste without a permit and disposal of hazardous waste without a permit.
Some counts carried more than one violation, each with a fine of up to $27,500 per day. The EPA had not calculated the maximum amount of the fine, officials had said.
The order called all counts "very severe violations" and said they had "a major adverse effect on the ... protection of human health and the environment."
McNabb had denied that he did anything wrong with the material in question, a solvent containing alcohol, hexane and methane, called ZEP Red Liquid. He said the solvent was too expensive to pour out as the order alleged and that he reused it until it was gone. Exposed to air, the solvent would evaporate after a time, he said.
Workers use the solvent to clean metal parts at the plant that manufactures wire forms, electrical contacts and metal stamping products.
McNabb alleged the raid came after disgruntled former employees complained to state environmental regulators. A confrontation between him and one state regulator led to the federal agents being called, he believes.
The EPA has not commented on the specific circumstances that led to the investigation.
On Tuesday McNabb expressed relief, saying his wife had not slept since the complaint and compliance order came through.
"I feel four inches taller," he said.
The EPA filed the order Sept. 4, four years after the raid. It was the first official response since federal agents entered the plant on April 15, 1999. The order was not a criminal indictment. Statutes of limitations say that charges have to be brought within five years or the case is dropped.
An EPA spokesperson could only confirm that the withdrawal was made, but could not say if there were any other actions pending against McNabb.
During the four years McNabb tried to fight the investigation, enlisting the help of Brevard Republicans U.S. Rep. Charles Taylor and N.C. House Majority Whip Trudi Walend. He also appeared on "60 Minutes" to speak about alleged EPA abuses.
Now McNabb said he intends to pursue the matter further and charge the federal agency with abuse of power.
In August 2001, two years after the raid, he had estimated that his business dropped by $9 million. Following the raid he said agents intimidated his employees, causing some to quit.
"It's done on their part, but it's not done on my part," McNabb said.
McNabb said he intended to meet with representatives from Taylor's office and file some kind of suit against the agency.
"I want to stop them ... from ever doing this to another small business," he said. "I wouldn't let them do that to my worst enemy."
L
In 1992 the Clinton administration cozied up to business by approving NAFTA, then pretty much announced that they were for sale. By 1996, business was contributing heavily to the Democratic party. I always thought this was suspect, as my feeling was business had been declared public enemy number one by the Democrats. Apparently, some corporations felt that if they didn't play ball, their competitor would.
|The Bush administration has changed this climate considerably, and, as markets are known to abhor government intervention, I feel this climate change is more responsible for our recent economic upturn than what I consider to be comparatively puny tax cuts, which, though effective, are being given too much credit, IMHO.
Yes, your're right! Check out these previous threads for a lot more info.
EPA contests amount of fine [EPA continues to harass small NC business owner - mine]
Suit Filed Over 1999 EPA Raid (EPA, DENR, Janet Reno)
Plant owner may face $1.5 billion in fines (EPA is at it again!)
Here is an excerpt from the second thread article:
McNabb’s business was held under siege of nine hours April 15, 1999 by EPA agents, along with personnel from state and other federal law enforcement organizations. McNabb was placed in handcuffs while 34 EPA agents with flak suits and guns searched his business. According to EPA investigating agents, since the case is under criminal investigation no information can be released to the public.
The story I heard (which may or may not be true) was that an (obese female) NCDER inspector showed up unanounced and plopped herself down in his desk chair in his office while he came in from the shop floor. He asked her what she was doing there, and she refused to answer. He then told her to get her fat a$$ out of his chair and off his property.
The NCDER and EPA conspired to teach him a little lesson.
I believe she did.
Does anyone not believe that Hillary selected most of these kooks?
It wouldn't suprise me. It also wouldn't surprise me if she participated in the raid, SWAT gear and all!
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