Safety-Kleen in Buttonwillow, CA
Safety-Kleen Required to Answer for Illegally Disposing of Radioactive Waste in Buttonwillow, California
From November 1998 to March 1999, Safety-Kleen imported more than 2200 tons of radioactive waste from the Manhattan project and dumped the toxic debris at its Buttonwillow landfill near Fresno. Safety-Kleen made a handsome profit by taking the radioactive waste off the hands of the U.S. Army Corps of Engineers and shipping it from New York State to California for disposal. Safety-Kleen disposed of the radioactive waste at its hazardous waste landfill even though the company did not have or even apply for a license to dispose of radioactive waste from the Radiologic Health Branch of the California Department of Health Services. Since Safety-Kleen had no license to dispose of the material, the entire transaction was unlawful.
The Radiologic Health Branch was, in fact, notified of Safety-Kleen's intentions before it imported and disposed of the radioactive waste. This may explain why Edgar Bailey, Chief of the Radiologic Health Branch, did not request the California Attorney General to prosecute Safety-Kleen for unlawful trafficking in radioactive waste. Perhaps Mr. Bailey fears that if he requests the Attorney General to prosecute, he may lose his job because his department failed to object to the disposal upon being notified of Safety-Kleen's intentions.
Toxic Injuries Corporation is a public benefit corporation, whose charitable purposes include the detection, treatment, compensation and prevention of toxic injuries. On behalf of this charitable organization, the Law Offices of Raphael Metzger filed suit against Safety-Kleen last year, alleging that Safety-Kleen's disposal of the radioactive waste violated California's radioactive waste disposal licensing regulations and hence the state's Unfair Business Practices Act. Toxic Injuries Corporation filed the suit as a private attorney general serving the public interest. The case seeks an injunction enjoining Safety-Kleen from importing and disposing of any radioactive waste in California, an order requiring Safety-Kleen to disgorge all profits it obtained from the illegal transaction, and an equitable order requiring Safety-Kleen to remove all the radioactive waste and dispose of it at a site licensed for the disposal of radioactive material in compliance with all laws. The organization also seeks an order requiring Safety-Kleen to restore the Buttonwillow site to its prior un-irradiated state.
After months of law and motion battles, the Hon. William A. MacLaughlin finally denied Safety-Kleen's demurrer and motion to strike the allegations of the complaint regarding Safety-Kleen's illegal disposal of the radioactive waste at Buttonwillow. Now Safety-Kleen will have to answer the complaint and justify its actions. So will the Radiologic Health Branch. Its Custodian of Records refused to produce documents regarding the incident pursuant to a subpoena served by the Law Offices of Raphael Metzger. The firm obtained an order for the Department and its Custodian to show cause why they should not be held in contempt. Judge MacLaughlin found the Custodian and the Department in contempt, but has not imposed any sentence, pending the Department's production of documents in the case.
The Law Offices of Raphael Metzger is determined to make Safety-Kleen pay for its unlawful acts and to protect Californians from its illegal disposal of radioactive waste in this state.
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