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Red Bluff Daily News February 2, 2006
See Also: Document: Appeal of Inentec permit Red Bluff Daily News, 10/12/05: Citizens send loud message to county Red Bluff Daily News, 10/11/05: EDITORIAL: County should require EIR on InEnTec project Red Bluff Daily News, 9/9/05: InEnTec opponents air their concerns Red Bluff Daily News, 9/10/05: InEnTec appeal date set Red Bluff Daily News, 7/12/05: S.F. group calls for more thorough review of InEnTec For more information, contact:
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InEnTec to take hearing board to court By REBECCA WOLF-DN Staff Writer Waste facility seeks to overturn ruling RED BLUFF - InEnTec's lawyers plan to file a petition in Superior Court seeking to reverse a Tehama County Air Pollution Control District Hearing Board decision that stopped the company's construction of a medical waste disposal facility south of Red Bluff. " This is a citizen panel, with no special expertise in this very advanced technology or in the very technical nature of air emission assessment and analysis," said InEnTec President David Farmer in a written statement Wednesday. "But as a matter of law and science, the board's decision cannot stand." In December, the hearing board upheld the appeal of two air permits that were issued in July 2005 with a 3-1 vote. The permits were needed for InEnTec to build a facility that would dispose of medical waste by transforming it into a synthesis gas that could be used to produce electricity. Greenaction, a San Francisco-based environmental group, and a Tehama County citizens group appealed the permits to construct on grounds that they were not "in compliance with (California Environmental Quality Act) statutory requirements." Greenaction attorney Luke Cole, of the Center on Race, Poverty and the Environment, said the suit is not a surprise. " It's disappointing they're resorting to litigation instead of going back and fixing the very real mistakes and problems they have with the project and permits," Cole said. According to Farmer, "The Hearing Board did not limit itself to reviewing whether the Air District properly applied the regulations. This led the Board to reach an incorrect decision and override the technical expertise of the Air District staff." Cole said he expects the petition will be against the county with Greenaction and the citizens group being named as "real parties in interest." The petition would mean that the county, which had so vigorously fought to deny the appeal and lost, will be working to uphold the hearing board's decision, according to Dan Irving, the citizen's group spokesperson and a Red Bluff attorney. The announcement did not come as a surprise to many involved in the appeal. Greenaction's Bradley Angel said his organization has spent the last month preparing for a suit. "The victory in the appeal was a devastating blow to InEnTec," Angel said. "It's apparent they have a lot of money to throw around and they don't seem to care what this community thinks." In January, the Tehama County Board of Supervisors authorized the hiring of appropriate outside counsel to represent the Air Pollution Control District Hearing Board because of "significant exposure to litigation." The supervisors also approved of county counsel representing the air pollution control officer. Tehama County Counsel Will Murphy said Wednesday the county has narrowed the possible firms down to three who have expertise in the air pollution field. An InEnTec spokesperson and Cole said it could be several months before the case is heard in court. Angel said the organization has never been sued before, but added that "Greenaction and the citizen's group are absolutely prepared with some of the best environmental lawyers." BACKGROUND: In December, the Tehama County Hearing Board upheld an appeal against InEnTec's authority to construct permit for a medical waste disposal facility. |
