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BAKERSFIELD: Judge Orders Community Recycling To Stay Open

Judge Gives 10 Days for Decision

www.turnto23.com
February 6th, 2012

BAKERSFIELD, Calif. -- During a hearing Monday afternoon, a judge said he wanted to maintain the status quo while both sides argue whether Kern County acted properly when they revoked Community Recycling's permit.

The judge allowed Community Recycling to stay open for the time being because the case hasn't even been heard yet.

If he had lifted the stay, that would have ended the case and Community Recycling would've been closed.

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Potential Community Recycling Closure Is Complex

For more than two hours, attorneys for Community Recycling, Lamont's Sewage District and Kern County worked with Judge Eric Bradshaw on a number of complex issues.

Judge Bradshaw said almost from the beginning that he would like to allow the recycling company to continue operating for now.

County attorneys said they wanted the judge to order Lamont PUD to start looking for a backup plan if they have to stop sending their raw sewage to Community Recycling.

County attorneys also wanted the judge to order Community Recycling to start the closure process some experts have estimated could take at least five years.

The judge denied all of the counties requests saying it would amount to punishment before he has reached a verdict. Instead, all sides have ten days to come up with an order that will dictate how Community Recycling will operate while the case works its way through the courts.

Community Recycling officials said they hope their day in court will show they aren't the bad guys many assume they are.

Officials said Community Recycling will stay open for now; Lamont will have a place to send its raw sewage and more than a hundred people get to keep their jobs at Community Recycling.

The next court date in the case is in March.

Potential Community Recycling Closure Is Complex

State Says Environmental Concerns At Stake

Cris Ornelas - 23ABC South County Reporter

ARVIN, Calif. -- Community Recycling may take longer to close than some expected. The embattled facility near Arvin was ordered to close, then was given a temporary reprieve by a judge.

Environmental concerns could keep the facility open even longer.

Right now, Community Recycling is still open because of a judge's order. But even after the next court hearing, the composting facility could stay open while the state figures out all environmental impacts of shutting it down.

Community Recycling To Remain Open Until Jan. 24

Permit Revocation, Citations Could Loom For Community Recycling

Updated Story - Arvin Group Says Toxic Gas Escaping Community Recycling

After two workers died at Community Recycling in October, the facility came under intense scrutiny. The county revoked their permit and the facility was ordered to close within 30 days, but the company went to court and got a judge to stop that order temporarily.

The next court date in the case is just over ten days away.

"Right now they are working under a court order and as soon as the court order is up they need, to leave," said the president of the Committee for a Better Arvin, Sal Partida.

But 23ABC has learned it may be a little more complicated than that. Community Recycling takes in millions of gallons a day of raw sewage from Lamont. The sewage is used in composting process.

Closing Community Recycling would throw both Lamont’s sewage system and the environment around the facility into crisis.

State environmental officials said Community Recycling will have to submit a plan to clean up the property if they close.

"I would encourage that they take a long time, because we want that very clean. We don’t want another superfund left over here," Partida said.

Lamont’s sewage district will also have to submit their plan for disposing of the sewage it can no longer send to Community Recycling.

An attorney for the district said a plan like that could take five years, but the Committee for a Better Arvin said it is not discouraged by bureaucratic red tape.

"As long as the recycling center is here, we are going to be fighting. It doesn't matter how long it takes,” Partida said.

State environmental officials emphasized that the power to close the facility still lies with the county and the judge in the case.

Those officials said there is a scenario where Community Recycling could stop operating quickly, then take months to complete the required cleanup. 





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