Metals Firm Faces Felony Charges : Company Cited for Disposal of Hazardous Wastes in Creek

The San Diego County district attorney’s office Thursday charged a San Diego metals treatment company with illegal disposal of hazardous wastes that turned part of Chollas Creek into a caustic, milky stream.

Named in the six-count felony complaint were California Creative Dynamics Inc.; its president, Tremaine Gearhart, and a vice president, Robert Gloede. Each count carries a maximum penalty of three years in state prison and a $50,000 fine.

The company, which did not have a permit for disposing of hazardous wastes, processes aluminum aircraft parts.

State health officials said the company acknowledged responsibility for the leaks of highly alkaline liquid wastes and cooperated in the cleanup of about three miles of the creek near Market Street and Interstate 15. The leaks, which occurred in March and April, blanketed the concrete-lined creek and a tributary with a material of yogurt-like consistency, according to Deputy Dist. Atty. Duane Shinnick.

Richard Simensen, an attorney for the company, said the indictment surprised the defendants. Simensen said he had advised them to plead innocent at an arraignment scheduled for 10 a.m. today. Gearhart and Gloede could not be reached for comment.

Tests in early April showed that the pH levels in parts of the creek were near 14, the highest alkaline levels measurable and fatal to plants and wildlife, said Greig Peters, an environmental specialist with the Regional Water Quality Control Board. High levels of copper in the creek added to the toxicity, he said.

Animal and plant life had regained a foothold in the creek by late May, Peters said Thursday. The company said it spent $60,000 to clean up the creek, although subcontractors contacted by the water quality board say the cost was much less, Peters said. The company has begun storing the liquid wastes at its plant on Raven Street.

State and county health investigators identified the company as the source of the hazardous wastes almost immediately after area residents alerted them to the pollution problem, Peters said. They traced the pollutant to a chemical tank at the company that emptied into a storm drain flowing into the creek, according to documents filed in the case.

In addition to the criminal charges, the company could face a fine by the water quality board if it fails to repay public agencies for $11,800 in cleanup costs, Peters said.