CARB Goes On The Offensive After Prop 23 Fails

[Ayatollahgondola]

Here's the direct result of the implementation of AB32, and the failure or prop 23 to postpone. This is a couple of excerpts from a lawsuit filed by the Calif. Attorney Generals office against a local small contractor who hasn't upgraded his 50 horse compressor to CARB standards.(the likelyhood is that he must buy new ones 'cause his won't pass) This isn't a multimillion dollar company, it's just a small piss-ant contractor. CARB has been following him around taking pictures of his equipment on job sites.

Sacramento county superior court case # 2010 -00091848

3. That, in the Third Cause of Action, the Court find tiiat STEP TWO violated tiie
Stipulated Petition for Order of Abatement Order District it entered into with the District on
Apnl 9, 2009, and that:
a. STEP TWO'S violations were intentional, and award penalties under Health and
Safety Code section 42401 of $25,000 per day,
b. or, in the altemative, STEP TWO's violations were negligent and award penalties
under Health and Safety Code section 42401 of $25,000 per day.Please be advised that you can not operate your engine in Sacramento County until you
comply with the above requirements. Operation of your equipment without a permit to operate
will be considered an on going violation Each day you remain out of compliance is a separate
violation and subject to penalties Violations of air quality regulations are subject to criminal orcivil penalties as specified in California Health & Safety Code, Sections 42400 through 42402

Be prepared for further job losses by small business here in the dictate state. They'll drive more middle class out, and the big boys will take the work and hire more cheap latino immigrant labor in their place

[Twoller]

But leaf blowers are not a problem. Think of all the illegals that would be out of work without those wretched, useless leafblowers.

[ilbegone]

The man is already sunk, and he probably doesn't have the money or a strategy to fight back.

What are the circumstances?

How was he approached by CARB? Did he blow them off, or get rude with unelected petty tyrants who have the unfortunate and unjust ability to ruin his life?

You want to stay out of those thin skinned assholes' collective sights - they have a predator's instinct and a totalitarian approach. They neither understand nor care how their paycheck is funded, and they are unaccountable to the public. Plus, no matter how many tax paying businesses who employ tax paying workers they run off, they still get a government paycheck. No chance of a personal tune up concerning attitude.

Here were the man's options as I see it:

1) Tell them to f*** off, shut it down, and leave the state.

2) Tell them to F*** off, and be subject to $25K a day in fines (note that the Highway Patrol has also been directed to be more aggressive enforcement wise, it's a budget deficit thing) as well as the chance to be an involuntary "guest" of the government.

3) "Obey, but don't comply". Kiss their asses, wait for them to leave, and do what you want when they quit watching. Sometimes it works, sometimes it backfires.

4) Shell out $15k -$25k for a new compressor, or possibly somewhat more if it's on a towed platform.

5) Lease or rent a compliant compressor. I understand it is general cheaper to rent equipment such as backhoes and such, and if it breaks down they either fix it right then or bring out another one. I don't know for sure, but maybe there are better tax write offs with renting rather than depreciating.

I worked on a large plant project where the general / ultimate owner tried to run off a piece of equipment because it didn't attain some emission standard. The sub kept it on site due to the fact that every other sub on the job employed similar equipment which also didn't meet the grade, but weren't being harassed by the general about it. Maybe legal implications and important deadlines dictated reality.