EPA Prosecution: Who is to Pay?
Who Is Responsible?
As the "City of Marco Island" faces potentially millions of dollars of fines and criminal prosecution, it is now up to the citizens to ensure that only those responsible be held accountable.
Those who authorized the asbestos-laden project, those who oversaw or managed the asbestos-laden project, those who crushed, pulverized, buried and illegally removed the asbestos, those who allegedly "investigated" the asbestos dumping, those city councilors that continued to vote for the continuation of these illegal acts despite repeated warnings and pleas to stop from the citizens – those are the ones that are responsible, those are the ones that should pay the fines, and those are the ones that should be prosecuted.
Wait for it: the "staff" is going to plead they are immune from liability because it was the city council that authorized all of these acts and failed to stop it; the city council is going to plead that they are immune from liability and prosecution because they are elected officials, and besides they were doing whatever the "staff" told them to do.
They are both wrong. Proof: the same finger-pointing was the popular defense at Nuremberg – everyone was hanged.
It is now up to the citizens of Marco Island to ensure that their tax dollars are not used to pay the fines caused by the deliberate malevolence of others. We didn't do it, we warned them, and begged them to stop.
Clearly, it is NOT the citizenry of Marco Island that are responsible, hence the "City" cannot settle by agreeing to pay for the penalties with tax dollars. Any payment of penalties must be paid by each individual city "staff" (current and former) that allowed (and in some cases directed) these illegal acts to take place, must be paid by any and all contractors that performed these illegal acts, and must be paid by all individual current and former city councilors (and their estates) that refused to stop these illegal acts when they knew full well what was happening.
Those are the individuals that must be held responsible – personally.
A footnote: As the City "staff" now deals in public with what they have known for quite some time regarding violations of the federal Clean Air Act, wait for the other shoe to drop. The federal Clean Water Act was also violated and criminal investigators also "looked into" this matter.