Verdict On Shredder Is Delayed

Judge Shahla Sabet said she needs more than one day to properly evaluate the arguments presented by Pacific Rail Industries, the city of Colton and Hugo Neu-Proler, regarding measures used to gain approval for the project in November.

The lawsuit, heard in the San Bernardino County courthouse, was filed in January by Hugo Neu-Proler, the parent company of neighboring metal recycler Colton Iron and Metal. It contends that the environmental impact report on adding a shredder to Pacific Rail's operation is flawed.

"The problem is that the EIR excluded relevant information, misled the public, and did not provide a complete and accurate picture of the environmental impact," said John Bowman, the attorney for Hugo Neu-Proler.

"Based off of that, the matter should be remanded back to the city so that they can correct the deficiencies in the environmental impact report," Bowman said.

Bowman said that such issues as traffic, air quality, hazardous waste, soil contamination and water quality were not adequately addressed in the report.

The city's attorneys, Jennifer Buckman and Christopher Calfee, as well as Pacific Rail Industries' attorney, Kenneth Bley, adamantly defended the findings, stating that the city and Pacific Rail complied with all regulations.

"When you look at the EIR in its totality we are talking about something with a substantial amount of information," Bley said.

"The process has been fulfilled," he said. "What is being presented are disputes among experts."

Sabet said she couldn't rule immediately. "It will take some time," she said.

Jim Tabilio, a representative of Pacific Rail Industries' competitor, Pick Your Part Auto Recycling, and a consultant for a ballot initiative that would restrict location of the shredder, said he has already started mailing out petitions. The initiative would prohibit metal-shredding facility within one mile of homes, schools, parks or churches.

The nearest home to Pacific Rail Industries is 650 feet away.

To place the initiative on the June ballot, signatures of 10 percent of the city's approximate 17,000 registered voters are needed.

"We have already collected about 1,300 signatures," Tabilio said.

Chuck Siroonian, president of Pacific Rail Industries, said he is not worried because the company and city did everything right.

City officials have said they believe the initiative, if passed, only would apply to shredding operations proposed in the future. (San Bernardino, California) Press Enterprise