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SLO faces fines, arrest of workers over toxic dumping

January 10, 2012

By KAREN VELIE

San Luis Obispo is looking at possible civil and administrative fines as well as the arrests of city workers following the dumping of toxic chemicals in a city facility, City Attorney Christine Dietrick told council members and managers Thursday.

The news from Dietrick is a reversal of the position that the city has taken for almost a year that the dumping of the toxic chemicals was neither serious, nor a violation of California’s toxic substances laws. As recently as Dec. 16, the city attorney’s office was reassuring the city council that the dumping did not violate any state regulations.

The California Department of Toxic Substances Control (DTSC), and other regulatory agencies, started to investigate the deliberate dumping of the chemicals following an exclusive CalCoastNews story on the incident. The state agencies have been interviewing city workers in the wake of the story.

CalCoastNews reported Dec. 16 that Bud Nance, a manager with the city’s utilities department, told several subordinates to empty out cans of acetones, varnish, epoxy, paints and creosotes onto the yard’s asphalt parking lot near a wetlands area.

The city attorney’s office sent an email to council members and CalCoastNews following the publication of its story claiming that dumping chemicals on asphalt is an “acceptable method to dispose of latex paint.” Andrea Visveshwara, assistant city attorney, said that after the city dries out approved coatings, they scrape them up and toss the dried paint into the garbage.

Other chemicals were dumped as well, Visveshwara, wrote.

“Unfortunately, in the midst of the latex paint cans, other coatings were present and included in the processing,” Visveshwara said.

The city attorney said that the “accidental” addition of other chemicals did not require reporting to the  Department of Toxic Substances Control (DTSC).

When CalCoastNew broke the story of the dumping, the city responded, claiming in an email to CalCoastNews that the incident occurred on Feb. 2, 2011, that the products were primarily latex paint, that the chemicals were contained to asphalt and that they were cleaned up the day they were dumped.

However, dated pictures show the spill occurred in the middle of January 2011, that the chemicals spread from the asphalt onto soil, that the chemicals were not primarily latex paint and that city workers did not start to clean up the mess for about two weeks. One photograph shows that out of nine legible cans only one is latex.

The city also began damage control. City employees, who had dumped the chemicals or who were aware of the dumping, were ordered to work overtime on the Saturday and Sunday following the CalCoastNews story that exposed the issue, an employee said. During the two days of meetings, city management repeatedly told the employees the city’s official version of the incident while asking who had leaked information about the dumping.

Two weeks after the dumping, city staff asked Kerry Boyle, the city’s hazardous materials coordinator and a certified unified program agency inspector to examine the site. Until Thursday, it appeared city management supported Boyle’s conclusions.

“After observing the spill and conducting further investigation, Mr. Boyle concluded that approximately two to three gallons of creosote and oil-based paints from partially filled containers had spilled. In light of the small quantity of material, and the fact that the spill was contained on pavement, in his capacity as CUPA Inspector, Mr. Boyle concluded that the spill did not pose a risk to human health or the environment, and in addition, did not constitute a significant release triggering any reporting requirements,” Visveshwara said in her Dec. 16 email.

Nevertheless, it is illegal to dispose of hazardous waste including latex paints in the garbage, down storm drains, or onto the ground, according to the California Department of Resources, Recycling, and Recovery website.

Under the city’s stormwater and industrial waste permits, city staff was required to report the illicit chemical discharge to 12 agencies. DTSC requires reporting within 15 minutes of a purposeful chemical release and levels fines of up to $25,000 a day until properly reported. If the fines were imposed based on the date that the dumping occurred, the city would owe about $8.8 million.

Prior to the CalCoastNews story about the chemical dump, DTSC Public Information Officer Charlotte Fadipe said the agency was unaware of the alleged toxic release.

“Responsible stewardship of hazardous waste materials is critical, and we will work to address the alleged violations, and to evaluate possible impacts to the environment,” Fadipe said.  “We will work with those involved to make sure this does not occur again.”


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Too bad when the pictures of this toxic dump area were taken, that someone didn’t place one of those “Your Measure Y Sales Tax Dollars At Work” signs in front of it.


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Everyone should be questioning the credentials of Kerry Boyle, the city’s hazardous materials coordinator.


How could the city’s hazardous materials coordinator arrive at a conclusion that creosote and oil-based paints do not pose a risk to human health or the environment and do not constitute a significant release triggering any reporting requirements?


Is this person not familiar with hazardous wastes and/or hazardous waste laws?


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Its easy, he was either directed from superiors, or felt his job was at risk.


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These are the times when ethics and personal fortitude come into play. Had Mr. Boyle spoken out early on, he would now be identified as a model government employee.


A few public employees have not been intimidated by their superiors into writing reports in which the conclusions could create potential health and safety issues.


It’s time to give support to people who have the ethical courage to do what is right.


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More likely he would have been fired or demoted, and would have had to sue to get his job back, a process that takes a couple of years at best.


“Go along to get along” in SLO as elsewhere.


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Many SLO public employees have sued rather than do unethical or illegal things demanded by their superiors. It takes courage to stand up to people in power.


We need people with courage and ethics in government and stop making excuses for those that lack such qualities.


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I hope those clowns end up being made an example of. I’m not talking about the buffoons that dumped the paint, I’m talking about the wide range of overseers that decided to deny the obvious, even when there were date photo’s to substantiate the facts. That is just so typical of high end gummint servants. They actually think they can get away with anything by simply LYING, DENYING and then ferreting out the “traitors”. It’s near impossible to terminate a city servant but what do you want to bet that the crime of “sedition” against the bozos is a sure ticket out the door, forever . I’ve never seen such a bunch of condescending BS, well actually, I have… but I’m not finished.


Regardless, it irritates me to no end when I consider that they knew, that Karen knew the truth and they just kept denying the obvious. The City attorney even denied the LAW!!!!! I mean what the ****.? They deserve to take a public bashing and a boot out of the office doors. How many inept professional bozos are serving us anyway, I’d say way too many? That’s right, I said “BOZO’s” because later on, I’m going to be laughing at them.


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“After observing the spill and conducting further investigation, Mr. Boyle concluded that approximately two to three gallons of creosote and oil-based paints from partially filled containers had spilled. In light of the small quantity of material, and the fact that the spill was contained on pavement, in his capacity as CUPA Inspector, Mr. Boyle concluded that the spill did not pose a risk to human health or the environment, and in addition, did not constitute a significant release triggering any reporting requirements,”


So about it Mr. Boyle; if I were to “spill” three gallons of creosote on my 50 x 150 city lot here in San Luis Obispo, would that be a “small quantity of material” so even if my neighbor reported me to you, I would not face any city action? What a ridiculous argument; this whole episode is foolish on every single level. The city employee who directed the others to dump these pollutants should be arrested, tried, fined, fired and his pension taken away. The employees who followed the illegal directions should be reprimanded in a meaningful manner of some sort, like at least a week or two of suspension without pay, and they too should have to face the legal system for what they did (just “following orders” is never an excuse for doing something illegal). Any and every single city administrator who attempted to cover this up, make excuses as to how this wasn’t a “significant event” should also have to answer to the state authorities who have jurisdiction over hazardous waste spills and disposal. Of course that includes Mr. Boyle, the city attorney as well as the city manager as well as a couple of other levels of management that may have had a hand in trying to keep this from becoming pubic knowledge. Perhaps there might even be a clause in the contracts that if our city is mandated to pay huge fines, those that are responsible for the cover up could have their contracts terminated due to their intentional obstruction.


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small-town newspapers get state and national journalism awards for bulldogging stories like these


I hope CCN gets the recognition it deserves for serving the community


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“The California Department of Toxic Substances Control (DTSC), and other state agencies, started to investigate the deliberate dumping of the chemicals following an exclusive CalCoastNews story on the incident. The state agencies have been interviewing city workers in the wake of the story.


THIS is the reason the city is taking action. To not take action now would be to increase the likelihood of more bad things happening to the city than if they just continued to ignore it.


If it was not for Karen and CCN, the city would still be playing pattycake with the workers involved in this eco-crime.


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If Ashbaugh and Marx were “real” environmentalists they would be speaking up and telling the public this is a black mark on SLO and they will be doing everything to make sure this never happens again in Camelot. Problem is once they got on the council their GOD became the city manager.

Marx discarded all semblence of integrity when she got involved with Copelands. I really expected better of Ashbaugh who has proven he is a whimp.

As for the city attorney recall she was picked by athe Tribune as one of the county’s top 20 under 40 year olds.


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So Dietrick is one of the Tribs top 20 under 40?


Thats pretty funny cause the Paso Robles tabletop dancing Chief of Police also received the same honor several years ago.


How bout Cal Coast giving the Trib some “citizen award” competition by coming out with a “Bottom feeding 20 under 40.


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The top 20 under 40 is an attention whore contest, nothing more. There are plenty of people that would easily displace those on the list if they cared enough to throw their hat in the ring. I love your idea of a bottom feeding 20 under 40;.


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Funny how people who win awards or honors end up in this kind of mess….Gearhart being the Atascadero Man of the Year or whatever it was.


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The public perception that the job of the city attorney, or county DA for that matter, is to serve as the legal watchdog to protect the citizens of wrong-doing by others.


In reality, their job is to protect the city (or county) from negative/expensive fallout from the actions of its administrators, managers, officers and employees.


In my experience, especially in our local area, the only time the DA or city attorney gets involved in bringing to justice someone–like John Wallace–for their scams and criminal actions against the people of the city/county is when, by doing so, it protects the city/county officers, administrators, etc. and, thereby, protects the city/county.


You’ll never find an Atticus Finch working as a city or county attorney or DA. Protecting the people–those who cannot protect themselves–is the last thing on their agenda.


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This will be the next BREAKING NEWS story in the Tribune now that Cal Coast has done all the work and a criminal investigation is being done. If the City of SLO had a news publication other than Cal Coast that actually did some investigation into the City antics, this foothold of corruption and lies might have been exposed earlier. For decades the Tribune has turned a blind eye to the corruption inside City Hall at the Council and Management levels and been the mouthpiece for the City on getting their message out.


Once again the lies and spin from the City Attorneys office will cost the City millions in damages and and untold amount in hiring contract attorneys to do damage control. Here is the latest indemnification clause that Council approved in the new contract of employment for the City Attorney.


“In addition to that required under state and local law, CITY shall defend, save harmless, and indemnify CHRISTINE DIETRICK against any claims , demands, causes of actions, losses, damages, expenses (including but not limited to attorney’s fees as may be authorized against public entities or officer s consistent with state law) or liability of any kind whether stated in or arising fro m tort, professional liability or any other legal action or equitable theory, whether groundless or otherwise arising out of an alleged act or omission occurring in th e performance of CHRISTINE DIETRICK’S duties as CITY ATTORNEY to th e fullest extent permitted by law . CITY may compromise and settle any such clai m or suit, and shall pay the amount of any settlement or judgment rendered thereon.”


One might wonder if things were being done above board why a section like this would be required in her contract.


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Very interesting. We hire people for their expertise and then exempt them from poor performance. Where do we get these hacks with no accountability? I hope the council people are reading these posts. Shameful.


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