New Mexico Company Fined, Ordered To Stop Selling Illegal Fireworks

NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207

FOR IMMEDIATE RELEASE
July 20, 2007
Release #07-249

CPSC Hotline: (800) 638-2772
CPSC Media Contact: Scott Wolfson, (301) 504-7051

New Mexico Company Fined, Ordered To Stop Selling Illegal Fireworks
Components

WASHINGTON, D.C. -In the aftermath of the Fourth of July holiday, the
U.S. Consumer Product Safety Commission (CPSC) is announcing another
success in its fireworks enforcement program aimed at reducing deaths
and injuries to consumers from illegal fireworks.

At sentencing today, United Nuclear Scientific Supplies LLC, of
Edgewood, N.M., founded and operated by Robert Lazar, was fined $7,500
and received three years probation. The firm violated federal law which
prohibits the sale of chemicals and components used to make illegal
fireworks.

"This court ruling is a victory for consumer safety," said CPSC's Acting
Chairman Nancy Nord. "By shutting down the illegal operations of United
Nuclear and securing a major court victory against Firefox Enterprises
and its owners in May, CPSC is demonstrating our commitment to keeping
illegal fireworks out of the marketplace and preventing serious injuries
to consumers."

U.S. Chief Magistrate Lorenzo F. Garcia of the District of New Mexico
handed down the sentence after United Nuclear pled guilty to three
criminal counts of introducing into interstate commerce and aiding and
abetting the introduction into interstate commerce of banned hazardous
substances. The firm sold the chemicals and components used to make
illegal fireworks, such as M-80's and quarter sticks, which are banned
under the Federal Hazardous Substances Act and CPSC regulations.

United Nuclear, its principal, Robert Lazar, and accountant Joy White,
also entered into a consent decree that permanently limits the amount of
future sales of fireworks-related chemicals and prohibits the sale of
any fuses, tubes and end caps. The decree also required destruction of
the firm's remaining inventory of components and specified chemicals.

The case was prosecuted by the U.S. Department of Justice's Office of
Consumer Litigation and the United States Attorney's Office for the
District of New Mexico.

To see this press release on CPSC's web site, which has a link to the
consent degree (pdf) please go to:
http://www.cpsc.gov/cpscpub/prerel/prhtml07/07249.html

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

Are Costa Mesa voters smarter than Lakewood voters...likely

http://www.dailypilot.com/articles/2007/07/19/politics/dpt-pollandscape19.txt

Fireworks on ballot?

Every Fourth of July, a handful of Costa Mesa (CA) residents bring up the nuisance and danger they say are created by fireworks, both the "safe and sane" kind and illegal ones. And inevitably someone brings up a 1990 advisory vote in which city voters opted to ban fireworks. That vote, however, was nonbinding, and apparently a fireworks ban won by such a slim margin that council members didn't take any action.

Now, City Councilwoman Linda Dixon wants to put the issue before voters again. She asked at a Tuesday council meeting to have the council decide at a future meeting whether to place a fireworks initiative on the ballot, possibly for the February presidential primary.

She also suggested the council look at boosting the city's hotel bed tax by 1% and using the proceeds to somehow benefit community youth and sports groups, which raise money by running fireworks stands.


Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

"There needs to be some accountability."

I love the last line of this article which is a quote from the pension board member re the County union employees. Actually she has it backwards (like most politicians). The accountability needs to run FROM the politicians and the county union members to the taxpaying public. Remember our name here is the Lakewood ACCOUNTABILITY Action Group. Accountability is literally our middle name!!


Fresno Co. pension confusion compounded
Instead of getting refunds, some Fresno Co. employees may have to pay more.
By Brad Branan / The Fresno Bee
07/19/07 04:24:11

About 5,000 current and former Fresno County employees expecting refunds from a retirement fund may have to make payments instead.

The possible change in direction, discussed Wednesday by the county Board of Retirement, came after an actuarial firm found yet another miscalculation in how employee contributions were determined.

The latest report drew anger and disbelief from county employees.

"Employee morale is at an all-time low," county employee Jon Endara told the board.

In February, plan administrator Roberto Peña said thousands of current and former employees could expect refunds of roughly $1,000 each because an audit found that they had been paying too much for cost-of-living increases.

That estimate was based on a review by The Segal Company of San Francisco.

On Wednesday, however, Segal officials told the board that after further review, they found that about 5,200 employees actually paid too little for cost-of-living increases -- $1.1 million less than they should have.

The new finding was based on a review of data not covered in the first audit of the $2.5 billion pension fund, Peña said.

But some employees still could get a refund.

About 1,000 current and former public safety employees were found to have paid too much into the plan -- a total of $4.4 million, said Paul Angelo, a Segal vice president.

Officials are still crunching the numbers. The board Wednesday asked a consulting firm to figure out exactly how much employees might be asked to repay -- or receive in refunds. A decision could come during the board's Aug. 15 meeting.

The confusion left board members scratching their heads.

"This is totally unacceptable," said board member Alan Cade. "There's no excuse for this."

Board members and Peña on Wednesday said they would consider conducting more audits -- possibly as often as every three years -- to better detect such problems. The audit that turned up the original rate mistake was the plan's first in 50 years, Peña said.

Employees and union representatives Wednesday told board members that they should stick to the original plan of issuing refunds.

"You've told them they're going to get refunds," Endara said.

Henry Lopez, a county program supervisor, questioned the figures, saying employees are due a refund.

"We're not talking about a world where one plus one equals two. We're talking about actuaries," he said. "You can arrive at any number you want."

But Angelo defended the new rate estimates. He said the actuary who made the mistakes -- Ira Summer of Public Pension Professionals -- has acknowledged that he incorrectly calculated the cost-of-living adjustment factor for one fiscal year. Summer agreed with the new calculation by Segal's actuaries, Angelo said.

Summer did not return phone messages left Wednesday at his Oakland office.

The conflicting information from the actuaries has left pensioners frustrated, said retirement board member Stephanie Savrnoch.

"Our members don't have confidence in what they're being told," she said. "There needs to be some accountability."

The reporter can be reached at bbranan@fresnobee.com or (559) 441-6679.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

Utah bans all fireworks

Oh Yes by all means talk to TNT about fireworks!? What the hell will they say to the Governor? Fireworks dont cause fires, people do...or some such nonsense. Or just to look good he could talk to them and tell them to go peddle their fire in California where the "Governator" did not have the balls to ban fireworks before July 4. Apparently the Utah Governor is more worried about fires than "Arnie", who is only afraid of Democrats. Utah's statehood on July 24 is yet another opportunity for fireworks distributors to cash in on what was not sold on July 4. Sort of a "fire sale" on fireworks.....

Fireworks distributors pan guv's proposed ban
By Dawn House
The Salt Lake Tribune
Article Launched: 07/18/2007 12:23:13 AM MDT

A spokesman for one of the nation's largest distributors of fireworks blasted Gov. Jon Huntsman Jr. for asking local municipalities to ban fireworks without the governor consulting industry officials.
"We've been a good corporate citizen," said TNT Fireworks spokesman Jerry Farley. "We're extremely disappointed that the governor has chosen not to talk to us."
On Tuesday, Huntsman asked local municipalities to ban personal fireworks in their jurisdictions because of wildland fire dangers. Fireworks already have been banned on all state, federal and unincorporated lands.
Farley said trucks already are loaded at the company warehouse in Salt Lake City in preparation for the July 24th celebration, which rivals the Fourth of July in revenues.
"People have been preparing for the past 11 months for this," he said. "Spaces have been leased, products have been paid for and now there's nothing."
Farley said it will be a gamble if operators and civil organizations pay for fireworks shipments because it is unclear which jurisdictions could ban their use.
Phantom Fireworks, which stocks 20 stores and 40 tents and stands in Utah, could lose as much as 30 percent of revenues from the ban, said account manager Joee Witter.
"Nonprofit organizations also will lose out, too," said Witter. "Selling our fireworks is a big fundraiser for many church and civil groups."
Marsha Gilford, spokeswoman for Smith's Food & Drug, said it's too soon to tell how an emergency declaration by Huntsman could impact the state's largest grocery store chain.
"If the decision is made in the best interest of the community, we're 100 percent behind it," said Gilford. "What we carry is low-key. We're not concerned about the loss of sales."

~~~~~~~~~~~~~~
Tinder dry conditions
Emergency declaration: Governor asks cities, counties to ban personal fireworks
By Cathy McKitrick
The Salt Lake Tribune
Salt Lake Tribune
Article Launched:07/18/2007 12:23:20 AM MDT
It's July in Utah - a time when it's not uncommon to hear whizzes, pops or loud bangs once darkness has fallen.
However, that kind of fireworks action could be outlawed less than a week before the Days of '47 celebrations on July 24. It depends on how individual towns and cities respond to a request by Utah's top official.
On Tuesday - spurred by the state's tinderbox conditions - Gov. Jon Huntsman Jr. issued an emergency declaration asking local officials to ban personal fireworks within their jurisdictions.
"There isn't much we can do about the unpredictability of Mother Nature, which is the cause of many fires," Huntsman said in Tuesday's news release. "There is something, however, we all can do about human ignition of fires, which this year has been very costly."
This year's fire season officially began Monday - but more than 600,000 wildland acres have already been ravaged by fire this summer.
"We've had an insane number of fires already - more than 400 in the state," said the governor's spokeswoman, Lisa Roskelley. "Millions of dollars have already been spent fighting them."
East-side Holladay, positioned near the mountains and full of wooded lots, responded quickly Tuesday afternoon. City Manager Randy Fitts signed an executive order banning residential fireworks.
Then Draper's City Council, in an early evening meeting, voted 4-0 to ban the incendiaries.
"I agree with the governor. It's just too dry out there," Fitts said. Holladay's ban kicks in Friday.
But in Sandy, officials questioned whether they had the authority to ban personal fireworks.
"We tried it years ago," said Mayor Tom Dolan. "The Legislature said we cannot ban fireworks."
City Attorney Walter Miller agreed, noting state law requires that firework sales be allowed around certain holidays.
Some fireworks consumers responded with resentment to the governor's action.
Susannah Barnes, 28, standing near a fireworks display in a Salt Lake City supermarket, said the ban would be unfair.
"If [Huntsman] plans to ban personal fireworks, he has to ban them all," Barnes said, referring to the numerous professional displays planned throughout the state on July 24.
Stray fireworks at such shows also could cause fires, so they are just as dangerous, she said. Besides, fireworks are fun; they're festive, and children love them.
Johnathan Nielsen and his wife, Taren, said parents - not the governor - should decide whether they can buy fireworks.
Taylorsville Mayor Russ Wall announced, via e-mail, his city will not be passing a ban.
The city, he explained, is not adjacent to any open lands that could be threatened by personal fireworks.
And one eastern Utah city, Roosevelt, indicated it may follow suit.
"There's not much chance for a wildfire within city boundaries, so I don't think we'll put a squelch on fireworks," said Mayor Russell Cowan. "But I think the governor is doing the right thing. In the more rural areas it's a big concern."
Meanwhile, Salt Lake City executives were unsure Tuesday whether implementing a municipal ban could be as simple as issuing an executive order.
Perhaps the issue should go before the City Council, suggested Patrick Thronson, spokesman for Mayor Rocky Anderson.
Such restrictions already are in place for state and federal lands - the governor issued that order July 2.
State Fire Marshall Dick Buehler concurs with Huntsman's statewide request.
"We're in one of the worst seasons I've seen in 34 years," Buehler said. "We've lost five civilian lives this year, and that's unprecedented."
In Sandy, where a number of east-bench homes cannot be served by fire trucks, City Council Chairman Bryant Anderson said his colleagues would consider a ban.
"We'd have to have some discussion. It makes sense to me, in a dry year like this, perhaps we could do without [personal fireworks]."
West Valley City Mayor Dennis Nordfelt said the governor's request "carries a lot of weight."
"A total ban would actually be easier to enforce than the laws we have now that allow some [fireworks] and not others."
Nordfelt's City Council considered passing a ban Tuesday night, but then declined to vote, citing a lack of time to study the issue, said city spokesman Aaron Crim.
Eagle Mountain already planned on a ban, according to its spokeswoman, Linda Peterson.
Lehi City Administrator Jamie Davidson said his Utah County community shares Huntsman's concerns. However, Lehi's next regularly scheduled council meeting is in August, well after July's Pioneer Day celebration winds down.
Cottonwood Heights Mayor Kelvyn Cullimore said he sees merit - and complications - in the request.
"It would be very awkward to do, given all the fireworks stands that are up," Cullimore said. "There are probably some equity issues associated with having licensed those.
"I will certainly talk to the council."
Salt Lake County Councilman Jeff Allen supports such restrictions in the foothills, but wonders if a countywide ban is going too far. But Councilman Jim Bradley disagrees.
"I think it's for the best," Bradley said.
cmckitrick@sltrib.com
---
* CHRISTOPHER SMART, STEVE GEHRKE, ROSEMARY WINTERS, DEREK P. JENSEN, JEREMIAH STETTLER, OLGA MU OZ AND DONALD W. MEYERS contributed to this report.

Reaction so far

Responses from several areas contacted about the governor's request to ban private fireworks:
* AGREE: Draper, Eagle Mountain and Holladay
* LIKELY TO CONSIDER: Sandy, West Valley City, Herriman, Cottonwood Heights, Orem and Park City
* UNLIKELY TO AGREE: Roosevelt
State Fire Marshall concurs with Huntsman's statewide request.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™