Replies

I don't believe that the EPA can accurately extrapolate how much waste they should have had by calculating the amount purchased and subtracting the amount lost in processing. As you said, the stuff just disappears. And any calculation involving the waste McNabb says he had on hand presumes that his records are correct and accurate! The Agency will have to try hard to construct a case based on what actually happened to waste that they can prove he actually generated.

This case will be precisely what McNabb has always said it was. A potential case of some paperwork errors. But the Agency is claiming significant environmental impact. There is no environmental impact if someone simply fouls up some peperwork.

I anticipate the EPA will ultimately apply the tried and true formula that they have found so successful in the past: Figure out how much of a fine it would take to get the man to go out of business and fine him one dollar less.

Truly, the EPA meets the classic definition of a corrupt enterprise under the RICO statutes.

By the way, how does one impose a fine one oneself, and to whom is said fine paid? I don't understand.

I think I can help clear up the "parts vs. machinery" question.

McNabb makes some parts that have to be exceptionally clean. He uses virgin Zep on those, and saves the used stuff.

Then he uses that to clean other parts which just have to be visually clean. He saves the residue from that as well.

He may (I have no knowledge of this one way or the other) use that stuff for general cleaning around the shop.

In other words, he is being environmentally responsible by getting the most use out of the minimum quantity of solvent.

If I understand what I heard correctly, there is no hazardous waste to be disposed of at the end of this process. It has all evaporated.

First off, McNabb is supposed to keep records but it is possible that he didn't. Using POs, invoices, canceled checks, & bills of lading they can reconstruct a history. There is even a formula for calculating the mill oil.

If he is bringing in 1500 gals of solvent and processing fluids and sending out 300 gal of waste, there is a problem.

His self-imposed fine is two part:

1. He said he spent 250 thou on the lawsuit which was dismissed, appealed, and dismissed again.

2. Whereas most men in his situation would be doing everything possible to keep events out of the news, he did the opposite and the noteriety had a negative impact on his sales/profit.