So an inspector comes in and finds you have an uninspected tank to hold used oil and you did not have an adequate birm built around it. You didn't have documented refresher training and you threw away a few aerosol cans. No shower or eye wash in case someone spills diesel on them. Keep in mind there was no spill, accident or mishappen of any sort. Just didnt have all your I's dotted at a shop building that only services some snow grooming equipment. 2+ years later, you hit with over 100k in fines ans penalties? Does punishment fit crime? Vail Resort's Heavenly Mountain levied with $90K in fines SOUTH LAKE TAHOE, Calif. — Heavenly Mountain Resort on Lake Tahoe's south shore has been fined more than $90,000 for several violations of California environmental laws. The violations stem from a 2010 inspection of the ski resort and its upper maintenance shop, California Department of Toxic Substances Control officials said. The resort was accused of failing to have controls to prevent spillage of a used-oil tank, failing to have the tank assessed and inspected, failing to maintain secondary containment for the tank and connected pipes, and failing to provide refresher training to a hazardous waste manager. In addition, aerosol cans were not properly disposed of, and the resort lacked a required eyewash and shower for employees who became contaminated with hazardous waste, according to a February court filing. “Compliance with the Hazardous Waste Control Law is vital to protecting the environment close to Lake Tahoe,” said Paul Kewin, assistant deputy director of the department's Enforcement and Emergency Response Program. “This settlement signifies the department's continuing efforts to uphold both environmental safety and compliance with existing law.” Heavenly was penalized $94,000 for the violations and charged $26,000 to cover the Department of Toxic Substances Control's administrative costs, the agency said. Resort spokesman Russ Pecoraro stressed there was no spill associated with the violations. He told the Tahoe Daily Tribune that the area where the violations occurred is not near any perennial streams and is far from Lake Tahoe. The resort has worked with the department to ensure it is following environmental regulations, Pecoraro said, and Heavenly currently is in compliance. A new waste oil tank was installed at the upper maintenance shop above the California Lodge in May, according to the court filing. Heavenly is owned by Colorado-based Vail Resorts Inc. Vail Resorts also operates Northstar and Kirkwood in the Lake Tahoe area; Beaver Creek, Breckenridge, Keystone and Vail in Colorado; Afton Alps near Minneapolis; and Mount Brighton near Detroit.
I deal with this type of stuff all the time. We get audited and inspected constantly, sometimes it seems that the findings are petty and the fines that accompany them ALWAYS seem extreme. However, rules are rules and laws are laws, and you can bet your last dollar that if you aren't in compliance they will eventually get ya. They are lucky there was no spill or accidents or they would have suffered much more substantially.
Inspectors are told that there is something wrong with every building so find it. I think it is excessive and not justified but California like many other states try and shake the money tree to see what will fall out. While some business has to try and fight there way out of it. I called the Milwaukee Mayor, Hitler for just the same reason. His Nazi army coming in here and demanding me to fix things that have been fine for over 30 years. Then I found out the fine for not letting a building inspector in is $500.00 so screw it I'll pay the $500 and save the head ache and about $1000.00 in unnecessary repairs.
I truly believe $90,000 is excessive. But on the same token.. I've read stories about hunters being fined over $10,000 for illegally taking a deer. Which is more excessive.. and are you okay with one fine over another?
I dont think it is excessive IF they had been warned in the past. Minus the petty aerosol can thing, the resort had full control over preventing oil run off into groundwater in a protected area, and for not having the necessary decontamination capabilities for it's employees.
These guys know fully well what is expected of them. Inspections are sporadic and people either lose their train of thought or see what they can get away with. Every business that generates hazardous waste and waste in general in that area will have to follow the same rules, it's not fair for these guys to not have to.
What I find interesting about this thread is.. the same peeps who are calling for $90,000 as a fair fine are also those likely against BIG government. You cannot have it both ways. So.. if you are for heavy fines.. I suppose I should assume you ARE for BIG government.
You argument is not sound Mike. I am very much against big government on a philosophical level. That doesn't change the fact that there is this thing called, the law. The law is not a philosophical thing once it is passed, it is real, it has to be dealt with. Do I believe in giving that resort a chance to correct the problem and move on with a small fine? Yes. However, if they had been warned in the past, then the sanction is just if it falls within the parameters of the law. If we don't wants those laws and fines then vote out the Congress members and/or the state lawmakers and replace them with ones that believe in light fines for people that either pollute or potentially will pollute our lands. Would you call for a hefty fine for a company polluting the fishing waters? What if an inspector found a slimeball company to be leaking small amounts of oil into a fishery? This is what was said about that resort.... "The resort was accused of failing to have controls to prevent spillage of a used-oil tank, failing to have the tank assessed and inspected, failing to maintain secondary containment for the tank and connected pipes, and failing to provide refresher training to a hazardous waste manager"
I looked up the California Hazardous Waste Control Law......fines are hefty and they hit quick. http://www.calepa.ca.gov/CUPA/Documents/Statutes.pdf More than likely it went something like this.... The resort was accused of failing to have controls to prevent spillage of a used-oil tank $25,000 Failing to have the tank assessed and inspected $25,000 Failing to maintain secondary containment for the tank and connected pipes $25,000 Failing to provide refresher training to a hazardous waste manager" $21,000 =$96,000 Those fines all fall within the limits set forth in the above law.
spill containment has been around along time. This is just a corp trying to keep it's bottom line down instead of trying to responsible they wait to see if they get caught and pay after the fact.
