Saturday, March 15, 2014

“The moment the idea is admitted into society that property is not as sacred as the laws of God … anarchy and tyranny commence. PROPERTY MUST BE SECURED OR LIBERTY CANNOT EXIST”

When we lived in Nashua NH, all we dreamed of was building a Japanese garden with flowing water and a pond, and we started it, too. Together.
The EPA, from the war on coal, extinguishing it as a source of power and impoverishing MILLIONS into govt dole helplessness, to a pond for your kids, on your own property has certainly EXCEEDED what Congress created it to do. We could argue Congress simply couldn't imagine what their good intentions did by creating in a regulatory agency which can extend itself by more regulations a monster, but today we know better.
Abolish the EPA, and establish a highly limited replacement, strictly held to the legislation passed and signed, for its breadth of action.
Read this and see if you recognize all the human weaknesses, that made the Constitution a document which LIMITS govt.

Wyoming welder faces $75,000 a day


in EPA fines for building pond on his property


All Andy Johnson wanted to do was build a stock pond on his sprawling eight-acre Wyoming farm. He and his wife Katie spent hours constructing it, filling it with crystal-clear water, and bringing in brook and brown trout, ducks and geese. It was a place where his horses could drink and graze, and a private playground for his three children. 
But instead of enjoying the fruits of his labor, the Wyoming welder says he was harangued by the federal government, stuck in what he calls a petty power play by the Environmental Protection Agency. He claims the agency is now threatening him with civil and criminal penalties – including the threat of a $75,000-a-day fine. 
“I have not paid them a dime nor will I,” a defiant Johnson told FoxNews.com. “I will go bankrupt if I have to fighting it. My wife and I built [the pond] together. We put our blood, sweat and tears into it. It was our dream.” 
…..
The government says he violated the Clean Water Act by building a dam on a creek without a permit from the Army Corps of Engineers. Further, the EPA claims that material from his pond is being discharged into other waterways. Johnson says he built a stock pond — a man-made pond meant to attract wildlife — which is exempt from Clean Water Act regulations.  
The property owner says he followed the state rules for a stock pond when he built it in 2012 and has an April 4-dated letter from the Wyoming State Engineer’s Office to prove it.
“Said permit is in good standing and is entitled to be exercised exactly as permitted,” the state agency letter to Johnson said.
But the EPA isn’t backing down and argues they have final say over the issue. They also say Johnson needs to restore the land or face the fines.
Johnson plans to fight. “This goes a lot further than a pond,” he said. “It’s about a person’s rights. I have three little kids. I am not going to roll over and let [the government] tell me what I can do on my land. I followed the rules.” 
Johnson says he was “bombarded by hopelessness” when he first received the administrative order from the EPA. He then turned to state lawmakers who fast-tracked his pleas to Wyoming’s two U.S. senators, John Barrasso and Mike Enzi, and Louisiana Sen. David Vitter.
…..
The Republican lawmakers sent a March 12 letter to Nancy Stoner, the EPA’s acting assistant administration for water, saying they were “troubled” by Johnson’s case and demanding the EPA withdraw the compliance order.
“Rather than a sober administration of the Clean Water Act, the Compliance Order reads like a draconian edict of a heavy-handed bureaucracy,” the letter states.
The EPA order on Jan. 30 gave Johnson 30 days to hire a consultant and have him or her assess the impact of the supposed unauthorized discharges. The report was also supposed to include a restoration proposal to be approved by the EPA as well as contain a schedule requiring all work be completed within 60 days of the plan’s approval.
If Johnson doesn’t comply — and he hasn’t so far — he’s subject to $37,500 per day in civil penalties as well as another $37,500 per day in fines for statutory violations.
The senators’ letter questioned the argument that Johnson built a dam and not a stock pond.

2 comments:

Anonymous said...

They obtained & received local permits . The Feds grief is with the local permitters. Until they resolve their complaints with the local agency, this family should not be party to direct federal harassment.

Anonymous said...

I have a business associate with a similar issue. He was "invited" to submit a study prepared by EPA-approved engineering consultant so he could "disturb" a drainage ditch that ran across his back yard, but that the EPA considered a "navigable waterway". Such studies cost at least $10,000. He was told that such applications are routinely denied.

So the upshot is that he could spend 10 grand and not be assured that he could fix the ditch that had erosion problems. The Army Corps of Engineers would rather that this ditch continue to erode that to fix it themselves. But woe to any landowner who takes it upon themselves to fix such damage. No, the government will send brutish bureaucrats in suits along with men with guns to make sure that the landowner knows who is the serf and who is the boss.

Our government has gotten too big. Is it time yet for the States to call for a Convention to consider amendments to the Constitution?

-- theBuckWheat