Conn. Gun Club Can be Sued for Lead Pollution

[Drizzt]

Conn. Gun Club Can be Sued for Lead Pollution
By RAE THEODORE, Andrews Publications Correspondent

A group of homeowners who live near a gun club have standing to sue the club for dumping lead and other ammunition-related pollutants into the surrounding area, a Connecticut federal court has ruled .

The court dismissed one of the homeowners' claims under the federal Resource Conservation and Recovery Act, concluding that lead shot is not "hazardous waste" at the time it is discharged from a firearm because it is being used for its intended purpose.

The court's ruling permits the homeowners to press their remaining claims under the RCRA and the Clean Water Act.

The Metacon Gun Club Inc. has operated a shooting range in Simsbury, Conn., for 15 years, court filings say. Members and guests are permitted to use large and small firearms, including shotguns, assault rifles and anti-tank guns at the site. The club borders the Farmington River, as well as a golf course, riding stable and Talcott Mountain State Park.

The Simsbury-Avon Preservation Society LLC, composed of six homeowners who live near the site, claims the gun club causes water and soil contamination from chromium, lead, ammunition fragments and other pollutants. It alleges that "thousands of pounds of lead" were deposited into the environment since 1980 and the area shows a lead presence well above that allowed by state environmental laws.

Simsbury-Avon and its individual members sued Metacon for violations of the RCRA and the CWA. Specifically, it maintains that Metacon violated the RCRA by open dumping lead and lead debris. It further alleges that Metacon, an owner and operator of a waste facility, has engaged in hazardous waste disposal without obtaining a permit from the Environmental Protection Agency or the Connecticut Department of Environmental Protection.

In addition, Simsbury-Avon claims that Metacon violated the CWA by discharging lead bullets and debris into the Farmington River and its wetlands without an EPA or DEP permit. The homeowners' group has requested declarative and injunctive relief as well as civil penalties of up to $25,000 per day for each RCRA and CWA violation.

Metacon moved to dismiss the claims, arguing that the group lacks standing to sue. Metacon contends that when the suit was filed May 13, 2004, the Simsbury-Avon Preservation Society did not legally exist. Further, the defendant maintains that adding individual plaintiffs does not cure the original defect.

Judge Janet B. Arterton of the U.S. District Court for the District of Connecticut disagreed. Although the group was officially incorporated five days after the complaint was filed, Simsbury-Avon and its individual members have standing to sue, she found. The judge noted that the group was a de facto corporation May 11, 2004, when its articles of incorporation were first submitted.

The judge dismissed one of the group's RCRA claims, which asserted that Metacon disposed of hazardous waste without a permit. In so ruling, Judge Arterton relied on a January 2001 EPA publication in which the agency concluded that lead shot is not hazardous waste subject to the RCRA at the time it is discharged from a firearm because it is being used for its intended purpose.

Judge Arterton found the EPA's exclusion of lead shot and bullets from the definition of "solid waste" in the RCRA reasonable.

"At the time a target shooter fires a bullet, the shooter is not intending to 'abandon' the bullet but rather to use it to hit a target. He or she is putting the lead bullet to its intended use," she said

http://news.findlaw.com/andrews/pl/gun/20050711/20050711simsbury.html

 

[foghornl]

"thousands of pounds of lead" were deposited into the environment since 1980

Where do these doofi (doofuses? ?) think that lead originates, anyway? ? ?

[Clue: it is in the ground...mined like coal, diamonds, other minerals]

 

[dpesec]

just another assult

Let's face it this is just another way to get ranges closed. They are going through the courts because it's eaiser to convince 1 person, or at most 5 (SCOUS) than to get a law passed. BTW, I don't think the law would pass anyway, so this is the only means available.

 

[buzz_knox]

The new way of banning firearms: using the environmental laws to ban places to shoot them.

 

[LAR-15]

Governments are getting sued left and right because of police ranges and lead.

Thats OUR tax dollars being used to fight the suits.

 

[cracked butt]

The club borders the Farmington River, as well as a golf course, riding stable and Talcott Mountain State Park.

Location: right in the middle of whitebread yuppie douchebagville.

I can guarantee that the real reasoning behind the lawsuit is not about pollution, its about the neighbors not liking the noise or guns in the background.

 

[1911ONR]

I would point them to the Virginia Tech study that says lead from "well designed" gun ranges is harmless.

http://www.sciencedaily.com/releases/2000/03/000328085443.htm

 

[hso]

Yep, 1911onr and cracked butt are correct.

"The judge dismissed one of the group's RCRA claims, which asserted that Metacon disposed of hazardous waste without a permit. In so ruling, Judge Arterton relied on a January 2001 EPA publication in which the agency concluded that lead shot is not hazardous waste subject to the RCRA at the time it is discharged from a firearm because it is being used for its intended purpose."

Good call.

"Specifically, it maintains that Metacon violated the RCRA by open dumping lead and lead debris. It further alleges that Metacon, an owner and operator of a waste facility, has engaged in hazardous waste disposal without obtaining a permit from the Environmental Protection Agency or the Connecticut Department of Environmental Protection."

If they were cleaning out the traps and dumping the dust and bullet fragments on site then they screwed up. I doubt the "owner and operator of a waste facilty" accusation will hold up if they didn't take in any waste from any other facilities. The fact that the judge denied the complaint based on shooting hints that the range may have been doing more than just shooting over the range areas.

"claims that Metacon violated the CWA by discharging lead bullets and debris into the Farmington River and its wetlands without an EPA or DEP permit."

As long as the "discharging" was by shooting this won't hold up. If the range put it there by any other means then they'll get busted on this.

 

[dpesec]

1911onr

good point, but when have facts ever stopped a politically correct foaming at the mouth, save the children person? :banghead:

They throw facts away or change the playing field, keep the opponent off ballance.

 

[280PLUS]

Been to Metacon, Great range, great people.

This has been going on for a while now. The original problems started when the "Plaintiffs" all built their stinkin' development right next to the range knowing full well it was there. The range was full auto friendly and this, evidently, is where the trouble began. Noise. There was some old bag who was claiming that everytime they shot full auto her grandkid would hide under the bed. It doesn't say how she probably was telling him,"Oh, there goes those awful guns again "Timmy" you better go hide under your bed!" (conjecture on my part). And to boot the president of their little corporation is a friggin' lawyer and he's the one coming up with all this fancy BS with the EPA etc. They incorporated so that if Metacon counter sued and WON there would be noone actually responsible for paying them off. The corporation has no money, get it? PLUS naturally to fight this, Metacon has to come up with their own lawyer(s) and they won't be getting any freebies like the yuppie pukes are so the deck is stacked horribly against them. It doesn't matter one iota that the range was there first either. AND THEN!! The POLICE RANGE is right next to Metacon and makes just as much noise. No complaints about THAT one. Chances are we'll be losing a beautiful range that serves hundreds of people to just a few pukes with their own little agendas.

 

[Kurush]

Yep, you can still find almost intact lead bullets at most civil war battle sites. Facts and reason once again get in the way of the gun grabbers' agenda

 

[mcooper]

I would bet Money that their "pretty" quiet golfcourse pours more pollution into the area than the shooting range....Ever heard of fertilizer run off?...what other chemicals do they use?

 

[Molon Labe]

Aren't we just putting the lead back in the ground?

 

[rock jock]

The gun club needs a good consultant.

 

[thorn726]

"The judge dismissed one of the group's RCRA claims, which asserted that Metacon disposed of hazardous waste without a permit. In so ruling, Judge Arterton relied on a January 2001 EPA publication in which the agency concluded that lead shot is not hazardous waste subject to the RCRA at the time it is discharged from a firearm because it is being used for its intended purpose."

very weird.

i dont get some of you who think lead is absolutely safe, it is not.
"doesnt it come from the ground?"
DUH. so does uranium. ignorance is bliss huh.

this suit seems a bit over the top, but why shouldnt ranges be responsible for rounding up the lead?
this >>

the area shows a lead presence well above that allowed by state environmental laws.

should be dealt with. the rest of it, i agree, bogus. operating a waste facility is grabbing at straws.

but this isnt just shooting either guys. on one hand the "waste facility" charge would put endless businesses in the same position through precedent
BUT
it goes two ways
for example, if ranges are not responsible for excessive lead deposits, because he harmful materials are a release of "legitmate use"

what then for every other industry out there.

as it is the skatepark in my city closes every winter- because chromium 6 and other toxics bubble up through the drains, a result of legitimate business in the area.

was it unreasonable for the city to demand ONLY PART of $$$ required to remove enough of the toxic soil to at least open the park in the dry season?

IF it can be Proven that the soil on / around the range IS extremely high in lead content, it should be cleaned up. in particular if they had "mini dumps" for the ammo.

OR paint the inside of your house, your kid's room, and everything else you touch with lead based paint.

you have to make a concession somewhere. there is too much evidence lead is not good for you. i have see nsome of you are concerned for lead dust from shooting at least.

 

[Kurush]

thorn726, if you had read the study 1911ONR linked to, you would have read that metallic lead forms insoluble oxides on its surface that prevent it from degrading. They even studied 18th century battle sites and the bullets still hadn't degraded. In other words bullets in the soil are about as dangerous to the environment as pebbles.

 

[NukemJim]

The main problem with lead exposure is not from the bullets but rather from shooting inside with lead styphanate ( SP?) primers. I have not read any study that shows excessive uptake from shooting on outside ranges if normal safety precautions are taking ( No eating drinking on the firing line, wash hands and face after shooting ) If anyone can point me to such a study I would apprectiate it.

Funny thing I have not heard much about this from Europe where there has been a LOT of lead shot into the ground.

NukemJim

 

[hso]

Molon Labe,

Nope, it's not just putting lead back into the ground. The planet is not one big homogeneous milk shake with everything evenly distributed. If I mine an insoluble form of a metal ore, refine it, concentrate it and then dump it into your back yard in a soluble form as waste I can poison you and your family very easily.

What I don't understand is where the plaintifs get a green light to go ahead with this suit if the state DEQ hasn't brought charges against the range. Unless they can demonstrate that the range is the clear source of contamination they don't even have a civil suit.

Just because the plaintif "alleges that "thousands of pounds of lead" were deposited into the environment since 1980 and the area shows a lead presence well above that allowed by state environmental laws" doesn't make is so. Without a well planned sampling effort they have no idea what the nature or extent of any contamination may be.

Oh, and thorn, uranium is less toxic than lead.

 

[280PLUS]

I get the feeling some of you are missing the point. The "Society" couldn't give a rats patoot about any lead. They're just grabbing at straws trying to put Metacon out of business. I hope the range is lucky enough to get a judge that sees through the charade and sends the "Society" packing. Trouble is they'll just come up with some other baloney that will use up MORE of the club's money for legal fees and eventually dry up the till so they have to close anyways. The problem being they "The Society" have a free lawyer who can spend his free time busting their chops while, even if Metacon were to counter sue for harassment (which is what all this actually is) and legal fees they would get no relief because the LLC set up by this group frees them individually from being sued and the LLC has just enough money for operating costs, which must be minimal. You can't get blood from a stone, I've heard. So this lawyers approach is somewhat similar to the lawsuits brought by victims of firearms misuse against the manufacturers.

"If we can't legislate them out of business we'll harrass them with lawsuits until they run out of money and have to go out of business anyways."

I'm feeling like maybe some of you might be willing to donate a little $ to Metacon to help them defer legal fees. If this is so, PM me for my mailing address and I will forward any and all funds to the club in the name of THR.

 

[Norton]

Like it or not, this is just the gun banners wearing a different costume. We've beaten them on the AWB (for now at least), we're winning the war of truth, more and more people in the US are owning firearms.

So...since they can't beat us head on, they are trying to flank us by going after the ranges. No place to shoot? No legitimate need to own a gun for target practice :banghead:

We all need to be on the watch for this tactic and support those ranges that are currently under attack.

A range near here was placed under attack based on safety concerns. The attackers agreed to range improvements that would be so expensive that they figured that it would shut the range down. Heh, heh....the club came up with the money and built up their berms high enough.

280PLUS, does the range have a website that they could put a Paypal type account link on? If we all sent them a few $ it could make the difference in helping them to pay their legal fees.

 

[280PLUS]

I have opened up a paypal account in my name which I will donate all proceeds from including a little from myself in the name of THR.

The email address is: [email protected]

No amount is too small as far as I'm concerned. I'm sure evry little bit helps.

Thank you.



One thing I should note. Metacon is located in or VERY near the "rich man's land" called Avon, Ct. The people in THIS burg won't let you hang your laundry out or hang your rugs over the back porch railing to air out. YOU'LL GET A FINE! This is what's probably hurting Metacon the most. They actually shoot into the side of Avon mountain which looms if front of them, so there are no safety issues. Their berm is at LEAST 300 feet tall I'm guessing.

 

[Norton]

I checked out the club's website and see that the NRA is joining in the fight....good for them!

NRA Joins Metacon’s Legal Fray
By Bob Ronstrom

As part of our ongoing legal effort, I am delighted to announce to the
membership that the National Rifle Association has decided to lend financial
support and more to Metacon’s legal battle. Since these court cases have both State and Federal implications, any decision affecting Metacon’s activities will impact every shooting facility in the region. The implications will not only affect all sporting ranges, but could also have a negative impact on all shooting activity including police and military ranges alike Dennis Golden, Metacon’s Safety and Education Chairman, points out that there is a serious shortage of ranges in the area. “Metacon is one of the few facilities in the area that is certified for use by military and federal personnel. In fact we have National Guard Units who train here along with several police
departments. We continue to receive requests from other departments aroundthe state. Any shut down of area gun clubs will seriously impact training by police – leaving them unable to prepare in the wake of 9/11 and the increased need for training now being mandated by federal law” Metacon Officers Mike Palmer and Gary Lenk wish to remind the membership of the continued need to support our ongoing battle by contributing both time and money as needed. “We are seeing a positive trend here and are encouraged that organization like the NRA and the Northwestern Connecticut Sportsman Council are now becoming involved, and recognizing the efforts that Metacon’s members have put forth to date.”

 

[hso]

A buddy of mine that is a shooter and collector used to be an EPA enforcement officer and is now a consultant for industry. His opinion is as follows -

"My opinion is that if they were dumping shot from bullet traps instead of recycling this could be an issue under RCRA (If it had been me I would have used the CERCLA statute instead but that is just me) regarding illegal disposal (this is a seperate issue from discarding through shooting). Under the CWA I am not sure what the count reads but there could be issues if they discharge washdown water to waters of the state or if they are impacting aquatic resources and the state has a rule similiar to the ARAP requirements here in TN. The text reads like it is a 404 issue that the home owners are pursueing (Dredge and Fill) but that doesnt make alot of sense to me. I'd have to see the complaint to give you a read."

I've not found the original complaint that was filed by the homeowners and it would be helpful to see that.

 

[LeonCarr]

I will almost guarantee, and I think my esteemed colleague rock jock will agree, that the riding stables next door to the range are probably polluting the environment more than the gun range, not to mention also the runoff from the golf course.

Countersue the stables and the golf course .

Just my .02,
LeonCarr

 

[280PLUS]

Here is the link to their website.

http://metacongunclub.com/

Some other background info I found.

September 8, 2004 editorial - Hartford Courant

SIMSBURY -- Residents who live in the vicinity of the Metacon Gun Club in Simsbury are running out of rationales for closing it down and should accept the opinions of experts about the range's safety and compliance with the law.

The neighbors, who have joined together in a group called the Simsbury-Avon Preservation Society LLC, are primarily upset over gunfire noise coming from the club. Unfortunately for them, the club, which sits on 150 acres at the foot of Talcott Ridge, is protected from noise complaints by state statute and complies with all zoning regulations.

When their noise grievances fell on deaf ears, the neighbors began raising safety questions. Town officials obliged them by commissioning a study that recommended the gun club build a higher safety barrier, a suggestion that was rejected by club owners.

Town officials then hired a second safety expert who had been sought after by both the club and the neighbors. But last week, when the results of the second study were not to their satisfaction, the neighbors complained that the town had an undefined hidden agenda in employing the specialist that they themselves had wanted.

The Florida-based expert, Clark Vargas, urged that the club erect several walls and buffers to appease resident concerns about stray bullets. No incidents of stray bullets have ever been reported in Metacon's more than 30-year history. However, the firepower of the weapons used may have increased to levels that were not anticipated when the range opened.

It is becoming increasingly evident that the safety concerns are only a ploy to pester the club by homeowners who should have been aware of the nearby range when they elected to move nearby.

Simsbury's only agenda appears to be to settle the dispute. The preservation society should be more willing to cooperate with those efforts.

Gun Club Report Stirs Talk Of Bias
September 3, 2004 By KATIE MELONE, Courant Staff Writer

SIMSBURY -- In an effort to put to rest the question of whether the Metacon Gun Club poses a safety threat, the town this spring hired a Florida-based consulting outfit to undertake a thorough analysis.

The report, released this week, recommends the club erect several walls and buffers around the perimeter of the shooting range to address the concerns of residents who fear stray bullets might strike people on a nearby golf course or hiking trails. No such incidents have been reported.

The report is complete with maps, schematics and technical analyses - but is also peppered with the opinions of the expert, Clark Vargas.

Vargas, a gun range expert and National Rifle Association member, does little to hide his partiality, raising concerns among some about the $2,780 report. A selectman has questioned its cost and validity. One resident who opposes the club say it is the latest example of the town's hidden agenda.

"All along I wanted mediation," said Selectman John K. Hampton, who has pushed to hire an independent third party to settle lawsuits that residents have filed against the town and the club. "My concern now is with the fact that the report is written by someone who's not neutral."

In the report, Vargas says: "I have told all parties concerned that my interest is biased and my absolute loyalty is to the sport of shooting. I firmly believe in the protection of existing shooting ranges.

"On the converse side of the issue, I believe in gun control!" Vargas writes in another section of the report. "I believe in controlling a gun so well that I can and always will strive to shoot sub minute of angle groups out to 600 yards," he wrote, referring to his accuracy.

Vargas also comments in the report on groups around the country who organize and sue to close down gun clubs. He says they typically complain that shooting ranges are too noisy, and if their complaints are not heard, will then complain that ranges pose safety and environmental threats until they get a response.

"The group leaders and motivators, who are usually also phobic about firearms anyway, are immutable and will still persist and insist there is a problem, when in reality, there is none."

When asked whether the comments in his report reveal a bias, Vargas said: "Why is it a bias? It's bias to the game. I'm not neutral. My loyalty is to firearms and hitting the center of the bull's-eyes every time. That is my avocation."

Vargas has been deeply involved in the world of shooting. He was the former president of the Florida Sport Shooting Association, a state arm of the National Rifle Association. He was also president of the Gateway Rifle and Pistol Club, a shooting club in Jacksonville, Fla.

Vargas was a member of the Olympic development team until health problems prevented him from competing.

In addition to his interest in shooting, Vargas has been involved in the development of ranges. Vargas has been the president of his civil and engineering firm, C. Vargas and Associates Ltd., for more than 20 years and has designed more than 30 ranges across the country. In 1999, he won an NRA achievement award for gun range development.

Ron Tedeschi, a neighbor who opposes the gun club, says a group of residents at one time considered hiring Vargas, and said that he agrees with some of Vargas' safety commendations.

But he takes issue with the use of taxpayer funds to pay for a report by someone who is open about his bias.

"I think there's a hidden agenda," he said of the town. "They've ignored dozens of complaints. I can't figure out why the town of Simsbury does not listen to the citizens when they point out irrefutable facts."

First Selectman Tom Vincent would not comment directly on the charge that the town had an agenda in hiring Vargas, but said he was under the impression that the neighbors and gun club agreed that Vargas was qualified to make a safety analysis.

"Hopefully they take the conclusions and recommendations and can work it out and come to a working relationship and some of these things in the report can get done," Vincent said.

Martha Dean, a lawyer for the gun club, said the club has already instituted all of Vargas' safety recommendations, and that Vargas' company, the third entity to assess the safety of the club, has issued the most stringent safety recommendations thus far.

"Mr. Vargas is a leading national shooting range safety expert," Dean said. "It's not surprising that he's knowledgeable and familiar with all aspects of shooting and ranges. Mr. Vargas' report makes clear that all three parties wanted to hire him here."

T.J. Morelli-Wolfe, the residents' attorney, said he, too, considered hiring Vargas at one point for a safety study on the club, but said he was not consulted by the town or the gun club attorneys when Vargas was chosen.

Morelli-Wolfe agreed Vargas' report did have some weight, despite his admitted bias. "I've yet to find a design and safety expert who doesn't like guns and doesn't advocate the use of guns," he said.
http://www.ctnow.com/news/local/fv/hc-simgun0903.artsep03,1,5212018.story


Gun club representatives say neighbors' complaints are not valid

By: Ken Harrison , Staff Writer 05/21/2004

SIMSBURY - Representatives from the Metacon Gun Club, located on Nod Road in Simsbury, met last Friday to discuss complaints made against the club by homeowners living in the area near the facility.

Dennis Golden, the chairman of Safety and Education for the Metacon Gun Club, explained that the various complaints made against the club, which include concerns about zoning violations, noise, pollution and safety, are not valid and that the club presents no disruption to the residential neighborhoods that surround it.

"The complaints that the homeowners, who live over a half-mile from the range, have made against us are completely frivolous and they are an illegitimate means of attacking our club," Golden said. "The homeowners have gone down the list trying to find problems with zoning laws, noise violations and pollution and safety concerns that simply are not there. This is pure harassment."

Golden said that the first complaints from homeowners living near the Metacon Gun Club were made last year and that as soon as they were made, the club took immediate action to dispute the claims being made against it. Working with town officials, the club was able to prove that it does not violate any of Simsbury's zoning ordinances, and testing conducted at the request of the Connecticut Department of Environmental Protection (DEP) proved that surface and ground water on the club's property has not been polluted by the lead bullets fired on the range.


Further evaluations made by the DEP proved that the club has not had any problems concerning safety in the 40 years it has been in existence. In a letter written to Connecticut Attorney General Richard Blumenthal, DEP Commissioner Arthur Rocque Jr. stated that the Metacon Gun Club "operates at all times under strict safety rules that are specifically designed to prevent the occurrence of accidents, therefore I have no reason to believe that continued operation of the range represents any unreasonable threat to the safety of visitors of Talcott Mountain State Park."


To further address the concerns homeowners had about safety, the club hired safety consultants from the U.S. Army National Guard who reported that the Metacon Gun Club was one of the safest facilities in all of New England.


"In the long history of the club there has been no public safety incident and that has not changed," Martha Dean, the attorney representing the club stated in a press release. "The range operates legally and right next to the State Police shooting range, which the neighbors have ignored. It is time to reveal these homeowners' actions for what they are and ensure that Town resources are not further devoted to pursuing the personal agenda of people who will never be satisfied until this law-abiding organization is shut down."


"Despite all of the proof that we have provided that we are in complete accordance with zoning, pollution and safety regulations, the homeowners are still doing all they can to put us out of operation," Golden said. "We have been a good member of this community for a long time and it is disheartening for all of our members to have to go through this."


Golden went on to explain that the homeowners have recently filed an environmental action against the club under the Clean Water Act and federal hazardous waste laws that will be contested in a federal court.


"The homeowners want to shut us down, period," he said. "We suspect that there are other agendas at work here that we might not be aware of."

http://www.zwire.com/site/news.cfm?newsid=11769258&BRD=1648&PAG=461&dept_id=11784&rfi=6