Another Federal Agency goes Rogue

Fining a guilty violator is one thing but garnishing wages without due process is quite another. Whatever happened to innocent until proven guilty? How far will they take this and what happens when they start seizing property for even small violations????

"Power grab: EPA wants to garnish wages of polluters"

Accused violators of pollution laws would have little recourse

The Environmental Protection Agency has quietly floated a rule claiming authority to bypass the courts and unilaterally garnish paychecks of those accused of violating its rules, a power currently used by agencies such as the Internal Revenue Service.

The EPA has been flexing its regulatory muscle under President Obama, collecting more fines each year and hitting individuals with costly penalties for violating environmental rules, including recently slapping a $75,000 fine on Wyoming homeowner Andy Johnson for building a pond on his rural property.

“The EPA has a history of overreaching its authority. It seems like once again the EPA is trying to take power it doesn’t have away from American citizens,” Sen. John Barrasso, Wyoming Republican, said when he learned of the EPA’s wage garnishment scheme.
Others questioned why the EPA decided to strengthen its collection muscle at this time.

Critics said the threat of garnishing wages would be a powerful incentive for people to agree to expensive settlements rather than fight EPA charges.


Read more: http://www.washingtontimes.com/news/2014/jul/8/power-grab-epa-wants-to-garnish-wages-of-polluters/#ixzz36yWmO824

Please read this, and take everything you read at the WASHINGTON TIMES with a big dose of rock salt.

http://wonkette.com/536112/moonie-family-values-rev-moon-made-washington-times-publisher-raise-his-secret-adultery-baby



Moonies getting married to their hand-picked spouses.



We've already talked about the "pond" in Wyoming. It wasn't a pond.

Floridatexan wrote:
Please read this, and take everything you read at the WASHINGTON TIMES .

Who cares about "Moonies" or their LONG DEAD "leader"? Except you. The guy with the POND (what would you call it - a lake???) has a permit letter from the state approving it. It's called federal overreach - you know - essentially what the article is about. What a hoot.

So, you think that when the "Rev." Moon passed away in 2012, the newspaper he founded and staffed with North Koreans just suddenly reverted to true journalistic integrity. Do you want to buy a "Bridge to Nowhere"?

Floridatexan wrote:
So, you think that when the "Rev." Moon passed away in 2012, the newspaper he founded and staffed with North Koreans just suddenly reverted to true journalistic integrity.  Do you want to buy a "Bridge to Nowhere"?

Poor thing, were you misunderstood as a child too?

Hmmm, looking at the senior staff I don't see any Korean names. Particularly North Koreans. Care to try again?

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That does not change the fact that the WT is an extreme right-wing news rag founded by the leader of a cult. The founder was North Korean. His former editor in chief was North Korean. Sorry you're too ignorant to make the connection.

************

The Wyoming landowner diverted a creek to create his "pond". He may have had permits from the State, but that doesn't fulfill his responsibility to the feds. Sorry, he tried to skirt the law and got caught.

Floridatexan wrote:
That does not change the fact that the WT is an extreme right-wing news rag founded by the leader of a cult.  The founder was North Korean.  His former editor in chief was North Korean.  Sorry you're too ignorant to make the connection.

So you consider your "source" of the very misleading pond photograph - "Above Top Secret", a nut case conspiracy theory web site, the final word? Oh wait, based on what I've seen you post I guess you would find that site credible. For example, you would never find out that your hero, the commie hating Moon was ARRESTED by the North Koreans.

What an uninformed bone head.

You are embarrassing yourself with stupid. I recognized that pic from a previous search...just happened to find it at that site. You're not winning anything here, and I think I recognize your nastiness...just another sock, eh?

Having built ponds, and having gotten permits for dredging on navigable waters of the United States, any moron knows that you need to pull permits from the County you are doing work, and most states have provided a triplicate permit process which goes to the state's EPA, water resources, and the Army Corp of engineers. It was the Army corps of engineers who made me do a archeological study before I could start to see if artifacts could be found, but the EPA was great, and I submitted plans and maps and got their approval. Diverting a stream in any state in America without the triplicate approvals and your County approval is just looking for an asz kicking. I own some property in the Milton area where a prior owner illegally dug some ponds but I am grandfathered as this action was done over fifty years ago.

I hate the delays. I hate the permit fees. I hate arbitrary bureaucrats giving their opinion how you should use your property, and I have taken the SOBs to court where they are wrong, but I have NEVER questioned their jurisdiction where it is in black and white. I once had an issue with the Army Corps over an inspector just going off the reservation, and I wrote them a letter with a new case out of New Orleans called the Robinson decision which allows individuals who have been negligently harmed by the Army corps to sue, but it was informing them that my friend who was a col. in the army national guard and a lawyer was going to represent me in the internal Army Corps appeal. Once they heard his name, I had the cowboy inspector and two levels above him supervisors at my property the next day, and three days later a letter stating that my work and placement of items on the project were in compliance with the permits. I would NEVER build a pond by diverting a stream without permits, and the damage which can be caused to riparian rights alone could easily exceed a million dollars, and I have no bitch with garnishment powers because you can appeal and use the courts to get justice if the basis for the fine is frivolous or arbitrary.

If the owner had created a pond on his property without tapping in to a nearby creek (by putting concrete in the water to divert the flow), and by installing a windmill to provide a fresh water supply, then he wouldn't have a problem with the EPA. Once he connected his "pond" (which looks more like a lake) to a public waterway, the EPA involvement was automatic. I think he knew what he was doing all along and tried to take a page from the Bundy playbook.

People used to just ignore the law, and by the time the government discovered the illegal action, they could argue that the prior owner did the work. Now with google earth and the county GIS systems, agencies are inspecting entire counties annually for changes in topography. I have seen agencies in the old day pull out air photography, but those maps were shot on 10 year rotations, and it was hard to catch the culprits. Now folks are toast. They can get one foot elevation changes on most mapping and if a person is building up a flood plain area gradually, they can nail them. There is no such thing as an isolated area beyond their scope of inspection.....they got it all in hard mapping.

I support the actions of the EPA here. As has been previously stated here the landowner ignored their obligation and the law.  At some point people must recognize their own personal responsibility and acknowledge same by their actions.

Control is effective ownership. Unless he was causing harm it's just a bunch of officious bureaucrats w an agenda.

PkrBum wrote:Control is effective ownership. Unless he was causing harm it's just a bunch of officious bureaucrats w an agenda.

. . . . . and you seriously believe he has the right to divert a natural formed creek into his property? I don't think so.

Control is effective ownership. Unless he was causing harm it's just a bunch of officious bureaucrats w an agenda.

Conceptually PK has such glaring gaps in his understanding of how the law and agencies work, that it often becomes amusing like him explaining how male mosquitoes will contribute to the spread of a virus.......I just give him enough latitude to hang himself. Let's start with the how laws are written. They originate in the house or senate. Both bodies sign the bill and the President signs the bill into law. In a , all those people who have input in that law are elected by the American people.

The law which deals with streams is written by Congress, and not by a bunch of officious bureaucrats, and yes their agenda is compliance with the written law given to them by congress and signed into law by the President. Within that statutory framework their is often rule making delegated to the regulatory agency often dividing jurisdiction between the Army Corps and the EPA. In my case I ranted like a PK fool with the Army Corps was making me do an archeological study because some damn officious bureaucrat deemed it necessary......that was until they sent me the law written by congress which REQUIRED the damn study. So please know that diverting a stream is no officious bureaucrat.......it is your elected representative and mine legislating the law applied to the EPA.