BAKERSFIELD, CA -- The trial proceedings in the county fight against Community Recycling ended with the case in the judge's hands. Judge Eric Bradshaw left the courtroom Monday evening saying he will review the case in submission and issue his ruling in writing, but gave no indication when he will make his ruling.
Court resumed Monday with hours of back-and-forth arguments over legal definitions and the timeliness of fines and notifications.
The Kern County Board of Supervisors maintains it was correct to shut down Community Recycling and fine the facility millions of dollars after two young employees died from breathing toxic gas while cleaning out a storm drain two years ago.
Community Recycling is fighting back, saying the threat of hydrogen sulfide gas was unknown and the county presented no evidence of hazardous materials at a previous hearing. Community Recycling's attorney Richard Zimmer said the fines were also excessive and there was no cause to revoke its conditional permit.
Judge Bradshaw said he needs to narrowly tailor his decision to the language of the law. He said in court, he was concerned with the definitions of "condition" and "occurrence" in the case, whether or not the deaths could have been avoided and if closing the plant prevents further risk to the community health and safety.
Court resumed Monday with hours of back-and-forth arguments over legal definitions and the timeliness of fines and notifications.
The Kern County Board of Supervisors maintains it was correct to shut down Community Recycling and fine the facility millions of dollars after two young employees died from breathing toxic gas while cleaning out a storm drain two years ago.
Community Recycling is fighting back, saying the threat of hydrogen sulfide gas was unknown and the county presented no evidence of hazardous materials at a previous hearing. Community Recycling's attorney Richard Zimmer said the fines were also excessive and there was no cause to revoke its conditional permit.
Judge Bradshaw said he needs to narrowly tailor his decision to the language of the law. He said in court, he was concerned with the definitions of "condition" and "occurrence" in the case, whether or not the deaths could have been avoided and if closing the plant prevents further risk to the community health and safety.