Metal Recycler Escalates Fight Against Rival

If a lawsuit against the city of Colton, Calif., and a scrap-metal facility fails to prevent an auto-shredder operation, an initiative campaign will be launched to take the project to the voters.

The controversy ignited when Pacific Rail Industries received the City Council's approval in November to expand its scrap-metal facility in south Colton to install a vehicle shredder.

Hugo Neu-Proler, the parent company of a neighboring metal recycler, filed a lawsuit in January to stop the operation, claiming that the environmental impact report used to obtain approval is flawed.

The case will be heard Oct. 5 in San Bernardino County courthouse in Rancho Cucamonga. Judge Shahla Sabet will decide if issues such as noise, traffic, air and water pollution were adequately addressed in the environmental impact report.

Jim Tabilio, a consultant for the initiative and representative of Pacific Rail Industries competitor Pick Your Part Auto Recycling, said he would start collecting residents' signatures if the judge does not stop the auto shredder operation.

"If they can (Pacific Rail Industries) move forward with an inadequate EIR, that puts them at a competitive advantage, so obviously the competitors want to make sure everyone is playing by the same rules," Tabilio said.

"Our position is, whether or not you agree if the EIR is adequate or not, this is something the people of Colton should be able to vote on."

The initiative would prohibit any metal-shredding facility within one mile of homes, schools, parks or churches. Signatures by 10 percent of the city's approximate 17,000 registered voters are needed to place the initiative on the ballot.

If enough signatures are obtained by February, the initiative could be on the ballot in time for the state primary in June.

Although residents are entitled to sign the petition, Eleazar Elizondo, spokeswoman for Pacific Rail Industries, said it would just be a waste of time and energy.

"Basically, Pacific Rail Industries has complied to the full extent of the law and has all the permits it needs to go forward," Elizondo said.

"This is basically one business trying to keep another from being a competitor, since Hugo Neu-Proler has a large percentage of the market share for auto shredders," she said.

City Manager Daryl Parrish said that although he cannot predict how the judge will rule, he is confident that the environmental impact report adequately addresses all environmental concerns.

In addition, Parrish said that he believes that Pacific Rail Industries' auto shredder project would not be affected by the public's vote if the judge rules that the EIR addressed all concerns. If voters approve the initiative it may affect other auto shredding companies that try to operate in Colton in the future, Parrish said.

Anticipating that the losing company will appeal no matter what ruling is rendered, Tabilio said there is enough time to get the initiative on the ballot so that it can affect Pacific Rail Industries' project.

Councilman John Mitchell said that he voted to approve the auto shredder because it met all legal and environmental requirements.