Monthly Archives: April 2015

Veolia ES Technical Solutions to Pay $360,000 in Civil Penalties for Hazardous Waste Violations

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ADEQ-2PHOENIX — The Arizona Department of Environmental Quality announced today that Veolia ES Technical Solutions, LLC, of Phoenix, will pay $360,000 in civil penalties under a consent judgment for illegally disposing hazardous waste to a sand and gravel pit near the Salt River in 2009.

In response to a complaint in April 2009, ADEQ compliance officers inspected a sand and gravel pit in which they observed crushed lamps, intact fluorescent lamps, intact metal halide lamps, intact compact fluorescent lamps, and other lamp related debris in a portion of the sand and gravel pit that was less than 600 feet from the Salt River. The investigation revealed the lamps and broken glass had been generated by Veolia. Samples of the broken glass taken from the pit were found to be above regulatory thresholds for mercury.

An inspection of Veolia’s facility in May 2009 resulted in ADEQ issuing a Notice of Violation to the company for improper sampling equipment and techniques, inadequate response to high mercury samples, open containers, containers in poor condition, hazardous waste on the ground, and disposal of hazardous waste without a permit. Veolia staff also had failed to examine lab reports to verify if hazardous waste was being sent to the landfill.

Since the activities of 2009, Veolia has improved processes at their facility; and had been in compliance with its hazardous waste storage permit and related hazardous waste generator requirements during recent inspections.

“As a result of our agency’s investigation and holding the company accountable for its violations, Veolia has improved its operations and is now in compliance with all conditions of its permit, thus ensuring public health and the environment are protected,” ADEQ Director Henry Darwin said.

The settlement is subject to court approval.

Williams Sportsman’s Club 2015 Grad Night fundraiser

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williams-sportsmans-club-1WILLIAMS — The Williams Sportsman’s Club (Facebook) and Parents Who Care are hosting a fundraising shoot to benefit the 2015 Grad Night. Practice will start from 8 a.m. to 9 a.m. The cash shoot will run from 9 a.m. until finished.

The range is located on Highway 64 about a quarter mile north of I-40. Watch and turn to the left and follow the signs to the range. The range is open every Wednesday and Saturday morning from 9 a.m. until 1 p.m.

The different shoot categories are :

  • 100 yard long rifle with sandbag rest
  • 100 yard long rifle off hand
  • 20 yard pistol
  • 50 yard .22 with sandbag rest
  • 50 yard .22 off hand
  • Kids .22 shoot (12 & under)

The entry fee for non-members is $5 with an additional $5 a round. The winner of each shoot gets 50% of the pot for each shoot.

All range rules apply and shooters must use range tables and sandbags.

Breakfast burritos, hamburgers and drinks will be available. For more information you may contact Ron Hollamon at 928-526-4766.

Board of Supervisor regular session April 7

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Coconino-County-4FLAGSTAFF — The Coconino County Board of Supervisors meets next Tuesday, April 7 at 10 a.m. The meeting will be held at the Board of Supervisors First Floor Meeting Room, 219 E. Cherry Ave, Flagstaff.

They remind you that if you are carrying electronic devices, that they are set to silence before the meeting begins.

Some highlights of the meeting include:

  • Approve the request to Arizona Governor Doug Ducey to designate Coconino County as a Local Workforce Innovation and Opportunity Area under the Workforce Innovation and Opportunity Act of 2014.
  • Approve the appointment of John Lamb as Justice of the Peace Pro Tempore for Coconino County, February 9, 2015, through June 30, 2015, on an as-needed basis.
  • Approve the renewal of the contract with GPS Monitoring Solutions for an additional one (1) year term to provide home detention, electronic monitoring and continuous alcohol monitoring of clients in all four (4) Justice Courts and in Superior Court. The term of the renewal is from July 1, 2015 to June 30, 2016.
  • Approve the budget amendment and grant award totaling $22,200 from the Arizona Criminal Justice Commission (ACJC) Substance Abuse Prevention and Education Program for the term of 4/1/15 – 9/30/15 for drug tests and substance abuse assessments for those clients that are court-ordered and require a thorough assessment for treatment/prevention referrals for Integrated Family Court and DUI/Drug Court.
  • Approve a Grant Award, Hazardous Materials Emergency Planning (HMEP) Grant FFY 2015, Grant Award Agreement Number, HM-HMP-0454-01-00 for the amount of $5700 from the Arizona Emergency Response Commission (AZSERC) and a budget adjustment of $6567.
  • Approve the purchase of two (2) vehicles under Arizona State Contract No. ADSPO12-01667 from San Tan Ford in the amount of $57,546.66.
  • Pass and adopt Flood Control District Resolution 2015-01 authorizing and directing District staff and legal counsel to accept the counter offer made by the Defendants in settlement of Cause Number CV 2014-00390, and to execute any documents that may be necessary to carry out the purpose of the resolution.

Brief Agenda (PDF)

Fleas Test Positive for Plague in Picture Canyon

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640px-HookeFlea01FLAGSTAFF — Coconino County Public Health Services District (CCPHSD) officials confirmed that fleas collected in Picture Canyon, a popular hiking area located in northeast Flagstaff, tested positive for plague (Yersinia pestis).

Picture Canyon is located east of Highway 89 North, and north of Interstate 40 and Old Route 66.

The tests were recently conducted by the Center for Microbial Genetics and Genomics at Northern Arizona University.

CCPHSD Environmental Health staff collects and tests flea samples from locations throughout the County. The recent samples were collected from burrows located along the Picture Canyon hiking trails. Visitors to the area are asked to avoid rodent burrows and keep dogs on a leash as required by Arizona State law.

The CCPHSD and the City of Flagstaff have notified nearby residents of the situation and posted signage at the trailheads. The burrows are being treated and the area will be closely monitored to determine if further action is required.

This positive test is the first evidence of plague activity reported in the County this year. While this is the only location within the County where the plague has been confirmed, the disease is endemic to areas throughout the County and may be more widespread.

The CCPHSD is urging the public to take precautions to reduce their risk of exposure to this serious disease, which can be present in rodents, rabbits, and sometimes predators that feed upon these animals. The disease can be transmitted to humans and other animals by the bite of an infected flea or by direct contact with an infected animal.

Symptoms in humans generally appear within two to six days following exposure and include the following: fever, chills, headache, weakness, muscle pain, and swollen lymph glands (called “buboes”) in the groin, armpits, or limbs. The disease can become septicemic (spreading throughout the bloodstream) and/or pneumonic (affecting the lungs), but is curable with proper antibiotic therapy if diagnosed and treated early.

Additional Information: PDF

House Democrats revive armor piercing bullet ban

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m855ammoAR15WASHINGTON — The Bloomers are at it again. After the failed attempt by the BATFE to unconstitutionally outlaw ammunition, the Representative of New York have taken up the gauntlet. Representative Eliot L. Engel (D-NY-16) submitted H.R.1358—the Armor-Piercing Bullets Act of 2015.

This bill would actually increase the types of ammunition considered “armor-piercing” and include shotgun “slugs.” The kicker in the bill is that it would change 921(a)(17) of title 18 to allow:

“…the Attorney General may treat a projectile as not primarily intended to be used for sporting purposes if substantial evidence exists that the projectile is not primarily intended to be used for sporting purposes”

Who determines what is intended for “sporting purposes” is the Attorney General.

H.R. 1358 was submitted on March 13, but the Republicans have not remained silent. On March 16, Representative Patrick McHenry [R-NC-10] has submitted the Ammunition and Firearms Protection Act, H.R.1365. The Republican bill would change Section 921(a)(17) of title 18, to read:

“(D) Notwithstanding subparagraph (B), the term ‘armor piercing ammunition’ does not include—
“(i) any M855 (5.56 mm x 45 mm) or SS109 type ammunition; or
“(ii) any ammunition designed, intended, and marketed for use in a rifle.”.

H.R. 1358 is currently in the House Committee on the Judiciary while the Republican bill has moved to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. If co-sponsors are any indication, the ammo ban bill has nine while the Republican bill sports 41.

Representative Michael Honda [D-CA-17] submitted H.R.378 – Responsible Body Armor Possession Act in January. This bill with five co-sponsors has been in the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations since February. This euphemistically titled bill actually states that private citizens are not responsible enough to possess body armor.

The problem is that the Second Amendment does not protect hunters and sport shooting. The amendment does not read “A well-regulated hunters, being necessary to the security of a free State…” Hunting and hunters are protected by the Ninth Amendment.

The Second Amendment does not protect “firearms” and ammunition specifically. The Second Amendment provides that,

…the right of the People to keep and bear arms shall not be infringed.

The ban on any arms is technically unconstitutional. According to Federalist Paper No. 29. This was so that local militias could protect the rights of themselves and their communities.

SMART meters explode in Stockton after accident

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Updated 4/2/2015, 9:49 p.m.

STOCKTON, CA [March 30]— According to CBS 13 in Stockton, California, more than 8,000 customers were left without power when their SMART meters exploded after a truck crashed into a utility pole.

Leigh Martinez reported that residents of South Stockton:

…described it as a large pop, a bomb going off, and strong enough to shake a house.

She said that more than 100 PG&E workers were working to restore power. The amount of time to restore power to a home depended on how bad the meters were damaged.

SMART meter caused fires have been suspected for some time, but utility companies are obviously reticent to reveal just how many. The California Public Utilities Commission has proposed an opt-out plan for customers who do not want the wireless technology. It would require the customer to pay additional charges.

Utility companies are allowed to sell the personal information they gain from SMART meter technology to other companies without your permission. SMART meters collect data on how you use electricity including what appliances and how you use the Internet.

SEE ALSO: Wireless Smart Meters and Potential for Electrical Fires (PDF)

New Mexico legislature passes civil asset forfeiture reforms

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nm-sealNEW MEXICO — The unconstitutional procedure of civil forfeiture is being given special attention these days thanks to the Land of Enchantment. The New Mexico legislature passed H.B. 560 to limit civil forfeitures in their State. Governor Susana Martinez, however, has yet to sign it into law. The organization Freedom Works is concerned about the delay.

Recently Eric Holder announced new rules actually restricting civil forfeiture.

According to the End Forfeiture web site, there is a distinct difference between civil and criminal forfeiture.

In a criminal forfeiture, as the name implies, forfeiture of assets occurs when one is convicted of a crime. The action is taken against a person which means the person is given all rights to a criminal trial and a lawyer if one can not be afforded. The burden of evidence is on the government.

In a civil asset forfeiture, “Civil forfeiture cases are in rem proceedings—meaning that they are technically brought against the property itself rather than its owner. This legal fiction means that police and prosecutors can take and sell your cash, cars, homes or other property without having to convict you or even charge you with any wrongdoing. Fighting back means having to pay for a lawyer yourself or go it alone. And instead of the government having to prove your guilt, under civil forfeiture you must prove your innocence. It is an upside-down world that where the government holds all the cards and has the financial incentive to play them to the hilt.”

The classic example used is the IRS. If you deposit $10,000 or more regularly, that is reported to the IRS. If one starts depositing just less than that amount, the IRS assumes that you are guilty of attempting to hide something and acts to seize all of your assets. There may be no criminal charges brought against the person, but the burden of evidence is on the person to to prove their innocence. That may require lawyers fees more than the assets are worth, thus allowing the government to keep the seized assets.

The new rules by Eric Holder would require government authorities to act only on probable cause that the funds were generated by illegal activity or planned to be used in future criminal activity. In addition, if the activity does not prove to rise to the level to bring either civil or criminal trial, the agency must return assets in full.

This is a policy change, however, and can be changed by subsequent nominations to the position of Attorney General. This is just one example of why it is important for the Senate to select wisely. Freedom Works is not impressed with the civil asset forfeiture record of Loretta Lynch.

Action at the national level is not restricted to the office of the Attorney General. Senator Rand Paul (R-KY) has submitted S. 255 Senator Rand Paul (R-KY), the Fifth Amendment Integrity Restoration Act of 2015 or the FAIR Act [H.R. 540 in the House submitted by Rep. Tim Walberg (R-MI-7)].

The Senate bill would ensure that a person contesting civil forfeiture has legal representation and increase the burden of proof by the federal government to clear and convincing evidence of a criminal activity.

The act of civil access forfeiture violates not only the due process of the Fifth Amendment, but the Fourth Amendment protection against unreasonable searches and seizures and to be secure in their effects.

Civil asset forfeiture is not restricted to federal abuse. State and local law enforcement agencies have been known to seize assets without due process. The Institute for Justice gave Arizona a grade of D in 2010 for the civil forfeiture procedures in the State.

The New Mexico legislation is being hailed as the most sweeping reform of civil asset forfeiture in the history of the practice.

See Also:
1. New Mexico Nixes Civil Asset Forfeiture: Leviathan Can Be Defeated — Forbes
2. Arizona Earns “D” In “Policing for Profit” Report — Institute for Justice

Pavement maintenance on SR 89 south of Yarnell today

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Following a recent rock fall on State Route 89 south of Yarnell (mileposts 272-277), crews will repair damages tomorrow on the southbound lanes and drivers traveling southbound will be shifted onto one lane of the northbound lanes from 8 a.m. to 5 p.m. according to the Arizona Department of Transportation.

No major restrictions or delays are expected. The speed limit will be reduced to 30 mph.

Bill introduced to prevent President Obama from renaming McKinley by executive order

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Denali_Mt_McKinley

Photo by a NPS employee from Wikipedia.

WASHINGTON — was submitted by the congressional delegation of Ohio fearful that President Obama will rename McKinley to Mount Obama by executive order.

Representative Bob Gibbs of Ohio submitted H.R. 437, the text which reads:

Notwithstanding any other authority of law, the mountain located 63 degrees 04 minutes 12 seconds north, by 151 degrees 00 minutes 18 seconds west shall continue to be named and referred to for all purposes as Mount McKinley.

Okay, that is the April Fools part of the article.

Verily, the name given to the highest mountain in North America has been in dispute for some time. The Alaska Board of Geographic Names lists the mountain as Denali—meaning “the great one” in the Athabaskan language. The United States Board on Geographic Names lists it as Mount McKinley.

William_McKinley1896Efforts by Alaskan authorities have always been thwarted by the congressional delegation from Ohio—such as with this bill H.R. 437. Since being introduced in January, it moved from the House Committee on Natural Resources to the Subcommittee on Federal Lands March 2. The bill has no cosponsors.

Mount McKinley was named after William McKinley—the 25th President of the United States, serving from March 4, 1897, until his assassination in September 1901, six months into his second term. He was born in Ohio and this bill was submitted on January 21—eight days before the date of his birth in 1843.

It is rather interesting that this debate has not been given the same coverage by the media as the name of a football team.

Is Jade Helm operation a casual exercise or prelude to martial law?

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OPINION
Updated: 4/2/2015, 9:10 a.m.

300-jade-helm

But in republics there is more vitality, greater hatred, and more desire for vengeance, which will never permit them to allow the memory of their former liberty to rest; so that the safest way is to destroy them or to reside there.—The Prince, Nicolo Machiavelli CHAPTER V

Since the Daily Mail news story on Operation Jade Helm (PDF), the blogosphere has exploded with every possibility of conspiracy.

Concerns in the southwest are not totally unfounded; particularly in light of the Bundy Ranch episode last year on March 27. One communist web site, relying heavily on reports from the Southern Enriched-By-Taxpayer-Dollars Law Center, was stressed that the militia was actually doing what it is supposed to do. Stopping national government encroachment. The government-approved Federalist papers as, well as those Federalist Papers not so well-known, make that clear.

One can certainly question the premise of “Master the Human Domain.”

According to the Mail, the operation scheduled from July 15 to September 15 will feature:

  • Operation Jade Helm will see 1,200 service members including Green Berets and SEALs and special forces from the Air Force and Marines in July
  • Soldiers armed with blank rounds will operate in and around towns in Texas, New Mexico, Arizona, California, Nevada, Utah and Colorado for 8 weeks
  • The so-called Realistic Military Training has some residents fearful the drill is a preparation for martial law

The premise of this operation is that Texas has been invaded by a “hostile force” and has to be retaken.

Lieutenant Colonel Mark Lastoria denounced this as a prelude to martial law in Stars and Stripes.

Army Lt. Col. Mark Lastoria, a USASOC spokesman, confirmed that there is an upcoming exercise called Jade Helm 15 which is scheduled to take place this summer at locations in Texas, Arizona, New Mexico, Utah, Colorado, California and Nevada. But he denied the event is preparation for some sort of military takeover.

A judge in Texas apparently agrees.
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