Posted on 01/15/2005 8:19:30 AM PST by Gritty
PENROSE -- A metal stamping plant owner says he plans to sue EPA criminal investigators for at least $10 million over a fruitless investigation that nearly ruined his business.
Steve McNabb, whose wife, Jan, owns American Carolina Stamping, this week said he is gathering information to sue members of the Environmental Protection Agency's Criminal Investigation Division for discrimination and retaliation during a more than four-year investigation of the Transylvania County company.
EPA officials Friday said they would not comment on specifics because of a Freedom of Information Act request made by U.S. Rep. Charles Taylor, R-Brevard, regarding the investigation.
McNabb said he plans to sue for $10 to $15 million for lost business, attorneys fees and other damages.
"When you're under criminal investigation you can't take government contracts," he said. "Sixty-five percent of our business was government contracts."
Raid, lawsuits
On Jan. 15, 1999, CID and other law enforcement officers raided the plant that manufactures wire forms, electrical contacts and metal stamping products. Officers were acting on tips that the plant between U.S. 64 and Old Hendersonville Highway was improperly disposing hazardous waste, including a hexane-based solvent, commercially sold as Zep.
"The investigation to date has revealed the illegal storage and disposal of hazardous waste by American Carolina Stamping," special agent Tyler Amon said in his request for a search warrant.
McNabb contended that the solvent was too expensive to dump and that he reuses it until it evaporates. Zep is only considered a hazardous waste because of its flammability, he said.
McNabb said tips came from disgruntled employees and that the investigation was retaliation for insults he lobbed at the initial investigator, an N.C. Department of Environment and Natural Resources employee.
He enlisted the help of federal and state politicians as the investigation continued and garnered media attention including an appearance on the CBS news program 60 Minutes, which looked at alleged abuses by the CID.
As is the custom of federal law enforcement groups, the CID refused to talk about the case while it was open or even to confirm whether such an investigation existed.
Meanwhile, McNabb uncovered information from DENR pointing to the wire tapping of his phone. In 2000 he brought a conspiracy lawsuit against the CID, but the $6 million complaint was denied because of the federal agents' special immunity.
In 2003, 10 months before the expiration of the five-year limit on investigations, the EPA closed the case against McNabb. The organization then took up civil action against him. But in November it dropped that too.
Building a case
In recent action McNabb sued successfully to unseal special agent Amon's affidavit.
His next move, he said, is to build a case to get information about the investigation itself. McNabb said he doubted EPA would respond to his request, so he went through Congressman Taylor, who filed a Freedom of Information Act request Aug. 4.
Asked what the difference was between a congressional FOIA request and an one originating from an ordinary citizen, Washington EPA spokesman Pete Rosenberg said he wasn't sure there was one.
"I just know that it is being worked on," he said of the request.
Another avenue for members of Congress to get such information, Rosenberg said, would be through oversight rules.
Taylor aide Richard Faulkner could not be reached for comment, but in a telephone message Faulkner said he anticipated the request would be finished soon.
A Jan. 11 letter to Taylor from EPA Principal Deputy Associate Administrator John Reeder said he expected information on the investigation would be released "in the next several weeks."
"We have compiled a large amount of information responsive to your recent request, and are currently reviewing the files to determine what is releasable under FOIA," Reeder said.
Rosenberg and EPA Atlanta-bureau spokesman Fred Burnside would not comment as to whether the agency was feeling extra pressure from Taylor.
As a chairman of an appropriations subcommittee, Taylor controls federal purse strings and can bring to bear financial pressure on various departments. In addition, the banking and timber baron has proven a tough foe to environmental organizations.
Justification
Organized in 1982 the CID has a staff of 200 and handles criminal investigations of environmental violations.
Like other law enforcement officers, CID agents are armed and use body armor. They receive nine weeks of training, including one on the use of protective gear, such as respirators.
In the lawsuit McNabb said he wants to go after the organization itself, which he said takes on investigations as a way to justify its existence.
"I believe that people do dumb things and I think we should have environmental rules, but we don't need this," he said. "Their modus operandi is to throw it in a pile for five years, let the company go bankrupt and start again."
But the EPA spokesmen pointed to increased demands placed on the CID, including its pairing with other law enforcement agencies to assess possible environmental threats during and after Sept. 11.
"We had a tremendous amount of officers assigned to help at both the World Trade Center, the Pentagon and the plane crash in Pennsylvania," Burnside said.
Officers, he said, are present at such events as the Super Bowl, the G8 Summit and national political party conventions.
According to a November press release, the CID charged 293 defendants with environmental crimes in fiscal year 2004, or 46 more than the year before.
BTTT
Being a lawyer will be a growth industry until all our tort laws and draconian regulations are completely overhauled. Naturally, this overhaul will be done by lawyers.
In other words, we will need even more lawyers.
Forget about "manufacturing". That's old fogey thinking. As long as we can continue to print money and rules everything will be just fine.
Just fine.
Add me please!
Did I say I was against it?? I was just stating an observation. Jeez lighten up.
Follow-up Ping.
No, it was Zep I.D. Red (Liquid) - a degreaser. And they never dumped it, it just evaporated away.
Zep I.D. Red is a fast-evaporating industrial degreaser designed for use where fast evaporation and no residue are desirable. This versatile, fast-evaporating liquid degreaser combines speed in cleaning with high solvent power, but without chlorinated solvents or ozone depleting compounds (ODCs), such as 1,1,1, trichloroethane. Zep I.D.Red leaves no residue and is non-corrosive to metals. It may be used in a variety of applications by spraying and/or wiping. Removes oil deposits, grease, dirt, tar and lubricating compounds from circuit boards, electrical contacts, electric motors, machinery parts, electronic equipment, molds, textiles, etc. It's non-emulsifying formula does not interfere with oil/water separators. It is a thin, colorless liquid with a mild, solvent odor.
Here's some more info:
Plant owner may face $1.5 billion in fines (EPA is at it again!) Posted by Gritty on 09/26/2003
EPA contests amount of fine [EPA continues to harass small NC business owner - mine] posted by snopercod on 09/27/2003
"unelected, unaccountable EPA bureaucrats"
That is the problem with every Agency, local, state and federal. It's damn near impossible to fire them unless you frame them. They are protected with gov't liars, I mean lawyers and we have to pay for this crap.
I know a man who was ruined by the EPA in IL and had to sell his business - all because he bought a building and land that USED to be a paint company. HE got the full wrath of the EPA and NOT the previous owner who actually polluted the land with paint solvents.
Opening a small business in Kalifornia is about like trying to outrun the SS troops in Berlin during WWII.
If you are of a mind to, there are five threads here that belong together. This thread, plus the ones in #19 and #32.
I got a sneaky suspicion that the recyclers and toxic disposal companies are in bed with the EPA.
The EPA, along with OSHA and other senseless governmental regulations, plue, the Unions, are why we are losing businesses to India, Mexico, and other countries. The very government that supposed to protect us, is killing us. And we won't even mention NAFTA, the trade deficit, and WalMart.
Thanks- I'll put them together.
A profound insight.
Same with various nitrogen compounds in water solution. Most places call that "fertilizer", but at KSC it was "hazardous waste".
It cost the American taxpayer $1.00 per gallon to haul off hundreds of thousands of gallons of rainwater every year.
I used to be Director of Engineering for the largest commercial printer (WW) and we faced the same problem. These JBTs would make us do repeated "Fat Head Minnow" tests where minnows were placed in samples of water upstream and downstream from our outfall.
The JBTs did not like the fact that more minnows survived in water downstream of our out fall. We treated our water so well that we were improving the quality of the water.
After the 4th rejected test we told them to select the testing facility of their choice and if we passed to leave us alone. They selected a testing facility in Ontario Canada.
They never miss an opportunity to take work away from US Citizens.
I did get a little payback when I blew in 2 of NYS DEC JBTs for going 80+ MPH in a 55 MPH zone. The slime ball they sent to take my statement suggested that my standards were too high as I expected these JBTs to obey the law. How do you respond to such convoluted thinking.
It is a toss up as to who I hate more (yes hate) mudslimes or government thugs.
I believe someone registered with the screen name "American Carolina Stamping" once.
I recall it from when the NC Freepers used to be listed over on the state board.
I wonder if it's Mr. McNabb?
I believe it was.
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