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At 8:38 AM -0600 2/5/04, List Manager wrote:
"What I have a problem with is that they're talking about months," said John Birrenbach, a West Seventh resident who has been fighting the plant for years. "It's another delaying tactic."
Thank you Tim
I find it very interesting that someone can operate without a legal and valid permit. See MN Law and MPCA rules are pretty simple, even for an unfrozen caveman lawyer like myself. It clearly states that you MUST file your renewal for a permit many months prior to it's expiration. IN the case of GSE though they failed to file when they were supposed to have filed (Oct 1, 2002) instead they waited until about 48 hours before the permit expired. A CLEAR violation of the rules.
Now I wonder how many others are offered the same situation with regards to the many permits or licenses that we are required to have in order to do various things.
Example: Your Drivers License. Suppose you are caught driving on a expired license. Would the police officer accept a statement like "OH I am gonna take care of that next week, no need to give me a ticket." They would probably laugh real hard and then say here you go, and by the way you can't drive so we are gonna tow your vehicle.
Example: A Local Eatery lets it's insurance lapse for it's wine and beer license, a violation of City Law. Does the City say OHH that's ok, now that you have it we will forgive you? NO NO NO, just ask the owners of the Mildred Pierce Cafe on Randolph. The City Shut them down for 10 days and said YOU WILL NOT OPERATE in any manner PERIOD end of discussion.
But the MPCA says that because they got their renewal for the permit in a day before it expired they are allowed to operate until such time as a new permit is issued (or possibly denied, HA like that will happen).
What is not right with this picture? Is the MPCA an enforcement agency? They must be since they issue permits and fine people for violations of the LAW. Why then do they bend over backwards to protect a CORPORATE citizen and not look out to protect the INDIVIDUAL citizen?
IMNHO.... The MPCA's job is to make sure that permits are filed properly and if not they should toss it back to the CORPORATE citizen and tell them, as every other agency does, Not Filed On Time, Not Filed Correctly.... CEASE OPERATIONS until you can do it right. Now I could understand if it is something simple like they forgot to sign it or fill in a blank properly, but it is now in excess of a year since they were supposed to have filed a PROPER renewal request. They didn't follow the Rules of the Agency, the agency should force them to CEASE OPERATIONS until such time as they are able to file a PROPER permit. They should not be allowed to continue to operate without a valid permit.
As an side note, the Commissioner's Nomination is before the Senate, and maybe your legislative members would like to know how they operate over there and maybe ask some really tough questions of the HEAD of the department.
If GSE thinks it's over they are sadly mistaken, unlike them I am here for the long haul, I have to be I have invested my life and money in the area.
-- Sincerely, John Birrenbach [EMAIL PROTECTED]
"Six years on the council has trained me to feign interest for long periods of time" Chris Coleman Jan 21, 2004
W 7th Neighborhood, St Paul MN
Political & Business Consulting http://www.birrenbach.com/
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