SOS Firm Named : Suit Claims Toxic Waste Led to Death

The surviving husband and children of a Santa Clarita Valley woman who died in November of leukemia have filed suit, claiming that her death was caused by toxic chemicals that seeped into their drinking water from Space Ordnance Systems, the explosives manufacturer accused of criminal hazardous-waste violations.

Space Ordnance Systems’ plants in Agua Dulce and Sand Canyon were raided last March by county health officials and Sheriff’s Department deputies who discovered evidence that water laced with toxic chemicals had been sprayed through sprinklers, dumped along a creek bed and poured into the ground through an unlined sump.

Since then, health officials and a consultant to SOS have found traces of toxic chemicals in ground water near both plants, which lie north of the San Fernando Valley. However, SOS’ responsibility for the pollution has not been proven.

First Suit to Claim Death

In the wake of the raids, nine civil lawsuits have been filed against SOS by angry neighbors who live downhill from the two plants and contend that chemicals in their well water have made them ill, killed their livestock and caused emotional distress.

The most recent lawsuit, filed in San Fernando Superior Court by the family of the late Diane Hercules, is the first to claim that the contaminated water caused a death. The suit also alleges that one of Hercules’ daughters, Denise, 19, contracted leukemia from the drinking water.

“These are innocent people. They are devasted,” said Michael Dan, the Herculeses’ attorney.

An SOS official declined to comment, saying that her company had not yet been served with the lawsuit. However, Kate Montalbano, a manager for SOS, said that the toxic chemicals detected in the Herculeses’ drinking water were only suspected cancer-causing agents, not known carcinogens.

Son Died of Leukemia

SOS officials have said in the past that they do not believe there are any health problems connected with the operation of their plants.

The Herculeses have lived for five years in a home one-third of a mile down the hill from SOS’ Sand Canyon plant. Diane Hercules died of leukemia Nov. 22 at the age of 41. Her 19-year-old son, Chris, died of leukemia in February, 1983, but was not included as a plaintiff in the lawsuit because the statute of limitations had run out, Dan said. Mrs. Hercules’ husband, Robert, 36, alleges in the lawsuit that he now suffers from blood problems because of the drinking water.

Dan refused to discuss how he would link the Herculeses’ ailments with toxic chemicals found in their drinking water.

Laboratory tests conducted in recent months by health officials and a private firm hired by SOS showed that water from private and public wells in the area where the Herculeses live contained trace levels of toxic chemicals. In some cases, benzene and trichloroethylene, both suspected carcinogens, were found at levels exceeding advisory health standards.

Space Ordnance Systems officials have said that at least some of the pollution could have been caused by oil drilling in the area or by other explosives firms that share the Sand Canyon site.

State and county health officials have said that the amounts of chemicals found in the wells would not be expected to cause health problems.

The Hercules suit includes two other people, Karol Roff and Charles Alessio, who live near the Agua Dulce plant and contend, like the others, that they suffered property loss from devaluation of their homes and personal injury. All six plaintiffs named in the suit are asking medical and property expenses plus $50 million in punitive damages each.

The eight previously filed civil suits ask for $35 million in damages from Space Ordnance Systems. The first of those lawsuits is expected to reach court this spring.

In August, SOS and three of its executives were charged by the district attorney’s office with 87 misdemeanor violations of state and county hazardous-waste laws. The case is pending.

Last month the county Regional Planning Commission voted to take the first step to strip Space Ordnance Systems of the zoning permits it needs to operate the two explosives plants. The commission will prepare a document to support revocation of the zoning permits but has not yet set a date for a final vote to take action.