May 31, 2001
Contact:

Vicki Clark: 805-963-1622
Drew Bohan: 805-563-3377, Cell: 805-455-2396

ENVIRONMENTAL GROUPS PREVAIL IN NEXT STEP OF HALACO SUIT
Citizen Suit Withstands Attempts by Halaco To Dismiss it

OXNARD, CA - In a victory for citizens and neighbors concerned about toxic chemicals and pollution emitted by the Halaco Engineering Co. in Oxnard, a federal district court judge last week rejected Halaco's efforts to dismiss a citizen enforcement suit filed against the facility by the Environmental Defense Center (EDC) on behalf of the Santa Barbara ChannelKeeper (SBCK). The groups filed the suit in January to force Halaco to clean up toxic chemicals that have been leaking into the air, water and ground at the metal smelting facility next to Ormond Beach in Oxnard for over 20 years.

The lawsuit charges Halaco with violating the Clean Water Act and Clean Air Act, laws enacted to protect public health. Since 1980, the Environmental Protection Agency (EPA) has found Halaco in violation of the Clean Water Act for its discharge of waste to the Ormond Beach Wetlands. Two decades have passed and Halaco has still not fixed the problem. Halaco has also been emitting air pollutants in violation of the Clean Air Act since at least 1990. A recent health risk assessment of Halaco's facility conducted by the Ventura County Air Pollution Control District (APCD) found significant cancer and chronic noncancer risks from Halaco's air emissions. APCD has received hundreds of complaints about Halaco's fumes by neighbors of the facility.

"This is a clear victory for the public," said Drew Bohan, Executive Director of the Santa Barbara ChannelKeeper. "It shows that citizens play a key role in protecting the health of their air and water."

"Until now, Halaco has been able to resist attempts by agencies to force them to comply with laws intended to protect public health," said Victoria Clark, attorney for the Environmental Defense Center. "We are hopeful that Halaco will finally be held accountable."

For over twenty years, Halaco has aggressively fought attempts by the Environmental Protection Agency, Air Pollution Control District, Regional Water Quality Control Board, California Coastal Commission and other agencies to force Halaco to comply with the law. The company has even sued individuals at these agencies and has threatened others, claiming that they are trying to put the company out of business.

For the last three decades, Halaco has piped contaminated wastewater from its facility into a series of waste ponds adjacent to Ormond Beach and Ormond wetlands. These waste ponds have no liner to prevent the contaminated waste from entering the groundwater that underlies Halaco's property. Government officials recently discovered high concentrations of numerous toxic chemicals, including radioactive thorium 230, in the ground and water at Halaco's Oxnard facility.

The company scoops out the metal filings and other contaminants that sink to the bottom of the waste ponds and piles it around the outside of the ponds, forming what is now a 40-foot high slag heap located just 150 feet from the ocean. This slag heap is porous, so contaminated liquid from the settling ponds passes right through it into the wetlands and creeks that flow into the ocean. The slag heap is not posted with warning signs and is unfenced, leaving curious children and other passersby at risk.

A separate lawsuit filed by SBCK and the EDC addresses Halaco's continuing violations of Proposition 65, California's Safe Drinking Water & Toxic Enforcement Act of 1986. Halaco's activities have been exposing persons to chemicals known to cause cancer and reproductive toxicity, including lead, nickel and diesel exhaust, in violation of Proposition 65. In addition, Halaco has failed to properly notify the public about the plant's release of these chemicals.

Santa Barbara ChannelKeeper is a non-profit organization dedicated to protecting the ecological health of the Santa Barbara Channel, its watersheds and habitats. Currently a project of the Environmental Defense Center (EDC), ChannelKeeper uses advocacy, education, scientific study and enforcement to insure the well being of the Channel. For more information, call (805) 563-3377. The EDC is a non-profit, public interest environmental law firm serving California's Central Coast since 1977. For more information, contact EDC at (805) 963-1622.

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