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EPA plans to start garnishing citizens who "pollute"...

Posted on 7/11/14 at 2:03 pm
Posted by Govt Tide
Member since Nov 2009
9111 posts
Posted on 7/11/14 at 2:03 pm
...without the defendant having any due process to contest said garnishments. Sounds fair and I'm sure will do wonders for job creation in the country.

LINK
This post was edited on 7/11/14 at 2:09 pm
Posted by Bleeding purple
Athens, Texas
Member since Sep 2007
25315 posts
Posted on 7/11/14 at 2:05 pm to
with kale, lemon wedges, or those fancy cut radishes?
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 7/11/14 at 2:06 pm to
LINK


quote:

In accordance with the requirements of the DCIA and the implementing regulations at 31 CFR 285.11, the EPA is adopting the provisions of 31 CFR 285.11 concerning administrative wage garnishment, including the hearing procedures described in 31 CFR 285.11(f).



a) this new rule is in accord with the cited law
b) there is due process. you already own the fine for crissakes, the only issue at the garnishment hearing is whether it exceeds the maximum garnishable wages.
This post was edited on 7/11/14 at 2:15 pm
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 7/11/14 at 2:07 pm to
quote:

EPA plans to start garnishing citizens who "pollute"...
...without the defendant having any due process to contest said garnishments.


Completely untrue. The rules still require a hearing.




EDIT - btw this is Germans.
LINK
This post was edited on 7/11/14 at 2:09 pm
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 7/11/14 at 2:13 pm to
when talking about administrative law agencies, the words due and process should never be used consecutively

Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 7/11/14 at 2:16 pm to
quote:

when talking about administrative law agencies, the words due and process should never be used consecutively



Yeah that would be really efficient government if we took all the administrative law judges and gave them life time appointments as Article III judges. You righties sure have some good ideas.
Posted by Govt Tide
Member since Nov 2009
9111 posts
Posted on 7/11/14 at 2:20 pm to
Did it ever occur to you that I may have accidentally hit the send button early and needed a few seconds to go back and edit my post? You were so eager to slam someone/something you disagreed with you couldn't even wait one minute to respectfully respond.
Posted by LSURussian
Member since Feb 2005
126918 posts
Posted on 7/11/14 at 2:24 pm to
quote:

If I started a thread with no message and a title that made absolutely no sense you know the response would be similar.

If you started a thread with no message it would be a vast improvement over your typical threads....
Posted by Govt Tide
Member since Nov 2009
9111 posts
Posted on 7/11/14 at 2:24 pm to
Not only is the use of wage garnishment unprecedented in this way but the fines being levied on private citizens in some of those cases are absurd. $75,000 fine for sawdust run off from a yard to a lake on someone's private property. You don't find that to be totally ridiculous and unreasonable?
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 7/11/14 at 2:24 pm to
actually we'd be better off if we got rid of almost all of them.

What is the EPA doing that is so essential?
What is the FDA doing that is so essential?

We're not in the stages of early industrialization. Consumers are informed, media is everywhere...there isn't much you can hide and businesses aren't trying to poison you or pollute the earth. It is morons like you that whine about the environment, but keep us burning coal instead of further investing in nuclear energy. It is morons like you that believe some hack from the EPA when he just randomly creates a "landfill shortage" and thus buys into forms of recycling that hurt the environment in addition to being more costly in several ways.


quote:

efficient government


if this is what you seek, then you should stop voting democrat. Admin law agencies bloat the federal government, and more biggerer and besterer is never efficient.










Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 7/11/14 at 2:33 pm to
quote:

Did it ever occur to you that I may have accidentally hit the send button early and needed a few seconds to go back and edit my post?


Yeah.

I figured out get a laugh out of it in the meantime.


ooooo - I'm mean.


lighten the frick up
This post was edited on 7/11/14 at 2:34 pm
Posted by mmcgrath
Indianapolis
Member since Feb 2010
35357 posts
Posted on 7/11/14 at 2:35 pm to
quote:

What is the EPA doing that is so essential?
What is the FDA doing that is so essential?


I really question the intelligence of people who would like to get rid of these agencies altogether. Especially with regard to the FDA.
quote:

Consumers are informed, media is everywhere...
and demonized and getting smaller every day.
quote:

there isn't much you can hide and businesses aren't trying to poison you or pollute the earth.
These aren't their primary motives, but many could care less if either one was a bi-product and they could get away with it.

Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 7/11/14 at 2:36 pm to
quote:

Not only is the use of wage garnishment unprecedented in this way
No it isn't. The U.S. Government has been garnishing wages to collect fines for as long as it has existed. The IRS does it all the time. I have no clue on what basis you've made your statement except out of pure and total ignorance.

Did you even read the article in the Federal Register that I linked to?

quote:

$75,000 fine for sawdust run off from a yard to a lake on someone's private property.


Must have been a lot of fricking saw dust.

quote:


You don't find that to be totally ridiculous and unreasonable?




I'd really need to know more facts surrounding the case but I know facts scare the shite out of you and require actual work to obtain at any rate so I don't expect it.


It does amaze me that folks like you think its OK to just dump your trash wherever you like.

This post was edited on 7/11/14 at 2:37 pm
Posted by LSURussian
Member since Feb 2005
126918 posts
Posted on 7/11/14 at 2:37 pm to
quote:

efficient government
Oxymoron....
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 7/11/14 at 2:38 pm to
quote:


What is the EPA doing that is so essential?


Most water and air quality.


I know those things aren't really important to you.

I personally like breathing, and water is good, too.
Posted by LSURussian
Member since Feb 2005
126918 posts
Posted on 7/11/14 at 2:41 pm to
quote:

I personally like breathing
And eating. Don't forget lots and lots of eating.....
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 7/11/14 at 2:43 pm to
quote:

And eating. Don't forget lots and lots of eating.....

k
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123756 posts
Posted on 7/11/14 at 2:44 pm to
quote:

there is due process
How do you define "due process"?
quote:

hearing procedures
Are you under the impression the hearing is conducted via a neutral third party?
Posted by Govt Tide
Member since Nov 2009
9111 posts
Posted on 7/11/14 at 2:45 pm to
I'm EXTREMELY familiar with garnishment and am fully aware of its effectiveness at collecting tax debt. There are clear guidelines for using it in that particular area that are completely legitimate. What I meant by "in that way" is regards to an agency like the EPA. Tax collection and administration of tax laws are vital to run a functioning government so garnishment is vital to that end. The EPA having that same power is treading into very dangerous and scary territory.
Posted by BaylorTiger
Member since Nov 2006
2083 posts
Posted on 7/11/14 at 2:47 pm to
This is hilarious...none of you have the slightest clue how garnishments actually work do you?

The Gov't doesnt have some sort of back door into your companies ADP Payroll software and magicaly starts making part of your paycheck go to them...

You companies HR department is presented with a COURT ORDER to change your paycheck. If they don't have a COURT ORDER they will not change your payceheck. It's ILLEGAL to garnish without a COURT ORDER...they'll come from family court, tax courts, etc...you've got to have a court order.


Ok great, so we've got that out of the way. Lets move to how do you get a court order. 1st, as they "physicist" pointed out...you owe the debt. Correct. That's a seperate, inital hearing/trial that determined this however long ago. NEXT, after you have shown a desire not to pay THEN a case is made, in a seperate hearing, to garnish your wages and the COURT ORDER is produced.

Boom. I'm not reading the bull shite but let me help you jump to your own conclusion...

IF the EPA thinks they're going to be able to send letters and enact garnishments...NO.

IF the EPA thinks they'll be able to go to "garnishment" court and get the proper court order...YES.

The End.
This post was edited on 7/11/14 at 2:52 pm
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