Ambush Interview #420 Joesho, Special Manatee Edition

BTW this thread is funny. Winetalk when you post, you crack me up! You are definitely a professional at handing people's ass to themselves.

While passing through the area on January 2, 1998, Jim Tobey from the Grays Harbor County Health Department observed open burning in progress on the site. He saw heavy black smoke coming from burn piles containing asphalt roofing. Mr. Tobey did not contact the parties present at the scene on January 2, 1998, but did report the incident to Grays Harbor County Fire Marshal, Lance Talley.

IV.

January 5, 1998, Fire Marshal Talley went to the scene and saw burn piles smoldering on the site. The piles contained remnants of creosoted timbers and asphalt roofing. No one was present on the site during this January 5 visit.

V.

On January 7, 1998, Fire Marshal Talley returned to the site and observed three people burning two piles of debris containing petroleum-based products. He talked to Joe Jekel, who identified himself as the owner of the property. He informed Mr. Jekel that open burning at that location required a permit and that burning prohibited material like asphalt shingles and creosoted timbers was not allowed at all.

VI.

On January 27 further burning at the site was observed by Jim Tobey and reported to Fire Marshal Talley. Mr. Tobey saw people actively tending burn piles that contained what appeared to be asphalt shingles. The piles were producing thick black smoke. No contact was made with the parties on the site.

VII.

On January 30, 1998, Assistant Chief for Grays Harbor Fire District #7, Rob Kohler saw open burning on the site giving off dense black smoke. He did not stop and examine the burn piles, but reported the observation to Fire Marshal Talley. A nearby property owner also called in a complaint on January 30 about dense smoke coming from burn piles on the site.

VIII.

Mr. Backus does not live adjacent to the site and was not contacted by regulatory or fire department personnel during the month of January 1998 about the illegal burning. While Mr. Jekel testified that Boaz Backus was aware of the burning and present on the site on January 7, 1998, Mr. Backus disclaims any knowledge of the burning or any presence on the site during January 1998. No third party witnesses observed Mr. Backus on the site during the burning incidents.

IX.

Joe Jekel was on site during the January 7 burn and had employees working on the site later in January 1998. He was separately cited by OAPCA for his burning activities on this property.

X.

Since the burning violations were brought to Mr. Backus? attention there have been additional fires on this site. Mr. Backus suggests that people may be using the area to have bonfires and drink beer, but cites no specific action he has taken to deter this type of activity.

XI.

Information regarding the burning observed on this site was forwarded to OAPCA for appropriate action. Executive Director, Charles Peace, reviewed the material and established the penalty amounts. He assessed a penalty of $500 for the first incident on January 2, 5, and 7, 1998. He assessed $2,000 in connection with the January 27 burn and $5,000 for the third occurrence on January 30, 1998. The penalties, issued on August 13, 1998, were set at the maximum under OAPCA?s governing Civil Penalty Guidelines because Mr. Peace concluded that the burns were flagrant violations.

On January 7, 1998, Fire Marshal Talley returned to the site and observed three people burning two piles of debris containing petroleum-based products. He talked to Joe Jekel, who identified himself as the owner of the property. He informed Mr. Jekel that open burning at that location required a permit and that burning prohibited material like asphalt shingles and creosoted timbers was not allowed at all.