Neighbors remain skeptical after VIM Recycling agrees to fines but doesn't admit guilt

by Troy Kehoe (tkehoe@wsbt.com)

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A fire at the VIM Recycling plant in Elkhart County started June 14, 2007 and burned for three days. One worker was killed and another was injured. (WSBT file photo)

By Beth Boehne

ELKHART — In June, it was the site of a massive plant fire and explosion that killed one worker and injured another. Now, VIM Recycling owners have agreed to pay several fines stemming from the fire, but some neighbors say they don't think the fines will help fix what they call "problems at the plant."

VIM spokesman Tom Holt confirmed the company has agreed to pay $7,450 for six violations in the wake of the fire that began on June 14 and burned for three days. A seventh violation for installing electrical equipment in a dangerous location was dropped.

According to Holt, the six violations from the Indiana Occupational Health and Safety Administration are:

1) Improper cleaning of dust and debris piles that accumulated on the floor of the grinding facility;

2) Ladders where stairs are mandated to be;

3) Improper electrical wiring, including the use of extension cords to power cooling fans inside the grinding facility;

4) Exposed electrical paneling and improperly wired electrical components;

5) Improperly maintained safety records and outdated hazardous communication handbooks;

6) A lack of safety barriers installed around the grinding machines.

Holt says the fines are not an admission of guilt.

"The catastrophic event that happened was an accident," he said. "And having these measures in place wouldn't have eliminated or reduced the risk. By no means is it an admission of guilt."

But neighbors say that's ridiculous.

"If you're not guilty, why would you pay the fines?" asked Gerald Hart, an outspoken critic of VIM, who lives near the back edge of the grinding facility's massive wood pile.

Hart, and other neighbors remain skeptical that VIM's proposed "improvement plan" will make any difference.

According to Holt, that plan includes a new dust control system that will recycle the air inside the plant every 10 minutes. Holt also says VIM has hired Osceola's fire chief as the plant's new "fire prevention officer," added an "environmental officer" position, and made design changes to the new building aimed at creating less wood dust and a safer environment for workers.

Holt says it's a sign the company is turning over a new leaf.

"It's a different VIM," he said. "It's different management."

But again, neighbors are skeptical.

"I don't believe that," said Brandy Trosper, another outspoken critic of the facility, whose home directly borders the back portion of the wood pile. "They promised and promised. There's been too many broken promises from [1999] to now."

"He hasn't done it in the past, and he's promised he would do it, so what makes us think he's going to do it now?" added Hart.

Now as the clock ticks toward a planned re-opening of the grinding facility in January it's more clear than ever that the fight is still far from over.

"We're not going to give up until he's either out of here of doing everything properly," said Trosper.

Indiana Labor Department Spokesman Jeff Carter says IOSHA will be checking back to make sure everything is being done properly. The terms of the settlement allow at least one "monitoring visit" to VIM's facility within the next 12 months. Carter says if violations are found during that visit, VIM the dropped fine for the seventh violation could be reinstated, or IOSHA could decide to begin their intital inspection all over again and assess new fines.

Neighbors plan to meet next month to plan their next move. In the meantime, State Representative Craig Fry has written a series of letters to I-OSHA, the Indiana Department of Environmental Management, and the Indiana Department of Homeland Security — who oversee the State Fire Marshal's Office. In each instance, Rep. Fry says he's requested information on the investigation into the June fire and subsequent disciplinary action, but says he hasn't received any written replies.

Now, Rep. Fry says he's contacted an environmental attorney and the U.S Environmental Protection Agency's Chicago Field Office. He says he agrees with neighbors that "the fight isn't over."

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