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10/3/2024
WT Staff
 Knowledge of an environmental crime? Give us a call at 877-52-WATER (877-529-2837), or email info@watertoday.ca
October 3, 2024 420 pm PDT
CWA CrimeBox
Environmental Crimes Historic Conviction: Fiscal Year 2009; Case ID# CR_1799 (California)
Accidental toxic spill impacts a waterway, unreported by the spiller. Key personnel found guilty, sent to lock up.
One of 72 Clean Water Act Criminal Prosecutions in the State of California (from 1989-2023)
The defendants in this case are a Lakeside, California construction company and two key personnel, likely owners, though their roles and relationship to the corporate defendant is not mentioned in the brief. On March 31, 2005, a spill of toxic materials occurred on the property of the defendant. The hazardous material spill impacted soil and ran off to a waterway.
It is the responsibility of the spiller to immediately call the State Warning Center at 1-800-852-7550, or the Coast Guard National Response Center (800) 424-8802 for incidents occurring on the on water. The defendants did not call to report this spill, it was called in to 9-1-1 by someone downstream. Investigators traced the spill back to the defendant, who admitted an inexperienced forklift operator had attempted to move several 55 gallon drums of Plasti-Kote, a highly flammable acrylic polymer with 80% xylene. Water, soil and composite samples also found extremely high concentrations of the controlled toxic substance toluene. The remediation contractor hired for the clean up operation excavated and removed approximately 11 roll-off containers of soil contaminated with toluene.
Two individual defendants were charged in a four count indictment including conspiracy, CWA violation, RCRA violation, knowingly treat, store, or dispose of any hazardous waste, along with CERCLA violation - failure to notify the authorities of the incident.
The corporate defendant construction company was sentenced to a federal fine of $20,000 probation of 2 years and restitution payable to the San Diego County Department of Environmental Health Services, Hazardous Materials Management Division to cover the clean up cost. The individual defendants were treated to 2 years each probation with one defendant sent to prison for 15 months, the other sentenced to a home confinement of 4 months and a $1000 fine.
Incarceration: 15 months; Home Confinement: 4 months; Federal Fines: $21,000; Special Assessment: $125; Restitution: $7503; Probation: 72 months
CWA CrimeBox briefs are compiled from EPA Criminal Enforcement records.
See last week's CrimeBox here.
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