USA Recycling Center

USA Recycling Center Waiting for court hearing in March to find out if the judge will grant us to reopen. We have high hopes and are expecting good news.

05/31/2016

ATTENTION LASSEN COUNTY RESIDENTS AND USA RECYCLING CUSTOMERS:

We received the news from our lawyer that the judge ruled in Cal Recycle's favor. We really did not expect this but we are not giving up. Our lawyer will have an appeal filed by the end of this week. A lot of you have said that you will wait for us to reopen and we can't tell you how much your loyalty and support means to us. However, considering that we are not sure how long this next step might take we want you to know that we are so glad that you have a local facility to redeem your recyclable materials. We will continue to fight this and are willing to do whatever it takes. I will keep you all updated on this page. In the mean time we want to say thank you to all of you who have been there for us and for sending your love, encouragement, prayers and support during this time. We are so thankful to be a part of such a great community. It's been an honor serving you all. God Bless!

~ Rebekah Gonzales

05/20/2016

I just wanted to let everyone know that We had our court hearing this morning. The judge will be notifying our lawyer of his decision when he has it. We thought that we would know today and this would all be over but apparently it could take a few days up to a few weeks before we get an answer. We will let everyone know as soon as we find out. Thank you!

05/07/2016

I just wanted to give a quick update reminding everyone that we have court on May 20th. We are highly confident that we will be reopening after the superior court judges decision. We will be taking our signed petitions with us and if you haven't signed it already please do. Here is a list of locations you can sign at....

Susanville Pizza Factory
Janesville Pizza Factory
Artisan Coffee
Baxter Auto Parts
Elite Salon
JDX
Supreme Graphics
El Tapeyac

We would like to say thank you to the community for all of your kind words and support during this time. It has been such a burden to not only us but all of you as well and we appreciate your patience. Please continue to lift us up in prayer!

Thank you,
Rebekah Gonzales

01/29/2016

This week Sacramento Superior Court judge Krueger ordered CalRecycle to reinstate a Latino recycler for the second time. The case involves a Latino family in Los Angeles which run their own recycling center. On December 17, 2015 the court ruled that the recycler should be reinstated. CalRecycle refused based upon fabricated and erroneous interpretations of the law. This kept the recycler from operating for over a month while a second Writ was filed by their attorney, John Gugliotta. The court, in its response, said that the intent was clear that they were to be permitted to operate the business. In response to the second Writ the judge noted in his decision, “In other words, the court’s order was an idol act that was not worth the paper itwas printed on.” (See Civ. Code Sect 3523 [“The law neither does nor requires idol acts.”])

BACKGROUND:

CalRecycle revoked certification on the recycler by claiming she was guilty of bribery. This is a criminal offense and should only be enforced by the Attorney General or a local district attorney of which CalRecycle is neither. In reviewing the merits, the judge reinstated the recycler in December but the Department deliberately refused. CalRecycle knows that the longer they can keep a recycler shut down the more likely it is that the business will die. Then they don’t have to bother with hearings and courts. In this case, the recycler may no longer have an opportunity to rent the property where the business was located. “Justice delayed is justice denied.”

01/05/2016

Attention Lassen County Residents

USA Recycling Center has been forced to close

BACKGROUND:

In 2010 there were reports of out of state containers being brought into the state to defraud recycling centers throughout California. In 2011, CalRecycle put us under restrictive and burdensome procedures to where every shipment was inspected and all paperwork was reviewed for each shipment. At first they refused reimbursement based on anything they chose to be fraudulent. They did this by imposing standards on our purchases that we had no ability to duplicate. In other words, they made up new rules just for us. But we learned to adapt and for almost 5 years our procedures and payments had been approved. We believe we have proven ourselves.

In 2013 CalRecycle filed a lawsuit against us and we went to trial in February 2015. We were the subject of an investigation subsequent to which CalRecycle demanded close to $1 million and the revocation of our license. While a Sacramento judge listened to both sides, in her decision she found that the State was the one at fault. She found the recyclers more credible than the states’ witnesses. Her decision awarded CalRecycle only $9K for minor record-keeping mistakes and allowed the recyclers to continue in business. Enough said? Not in California. California law permits the state to ignore the judge and do what it wants to do. That leaves the business having to defend itself all over again. CalRecycle ordered us to close and to repay the state over $600,000. That decision was made by the newly appointed Director. By ignoring the judge’s decision he puts himself above her. He ignores her experience on the bench, her knowledge of Administrative Law and her perception of the witnesses. The problem is he’s listening to Department staff which is only invested in saving face. The director is listening to the people the judge didn’t find credible.

Why didn’t the judge find CalRecycle credible? In 2010, CalRecycle began surveillance of people importing out-of-state containers from Reno. The report identified over 200 loads of nonqualifying material coming in from Reno. It is CalRecycles duty to protect the fund but they failed to do their job. When only they knew the source of the material and that we were legally obligated to purchase it based upon regulation, they failed to tell us. They also tried to conceal the report from the judge.

We are in the process of fighting this and we could use the help of the community. We are currently the only recycling center in Lassen County and without us you will not be able to conveniently get reimbursed the CRV that you’re promised. By putting us out of business CalRecycle has ignored the law instructing it to provide convenient recycling opportunities. They are ignoring the fact that we are a needed tool to assist the county to achieve its recycling goals and avoid penalties for failure. Management consultants call this the problem of “conflicting goals”. It’s frequently a problem in poorly managed organizations. That’s exactly what the State Auditor found and noted on the cover of its 2010 report of the program. It suffers from ineffective management.


You can help us in several ways.

1) Call all of the following people listed below and let them know that you need USA recycling center to stay open and how this closure hurts you.

2) Please stop by our facility this week, Tuesday- Saturday from 9-4 to sign our petition to stay open.

3) Spread the word to your friends and family by sharing this post.

4) Pray! We believe in the power of prayer.

CalRecycle Director Smithline
Phone:
(916) 322-4032
Fax:
(916) 319-7858
Email:
[email protected]

Governor Jerry Brown: (916) 445-2841

EPA Secretary Matthew Rodriguez: (916) 323-2514

Call our representatives:
Senator Gaines: (530) 224-7001, (916) 933-7213 or (916) 651-4001
Assm. Dahle: (530) 223-6300 or (916) 319-2001

Ask them to demand CalRecycle allow USA recycling to reopen
Ask them to request a third audit of CalRecycle’s enforcement and certification policies

We truly appreciate your help and we pray that this is only
a temporary situation. We will be having a court hearing within the
next 60-90 days. We do apologize for the inconvenience.


Sincerely,
Mike and Rebekah Gonzales

Psalm 60:12 (NIV)

Address

702-175 Johnstonville Road
Susanville, CA
96130

Telephone

(530) 251-4893

Website

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