2 Businessmen Arrested, Charged With Dumping Chemicals Into Brea’s Sewers

Two Brea businessmen were arrested Wednesday for allegedly dumping toxic chemicals into the Orange County sewer system in the toughest enforcement action yet against alleged industrial polluters in Orange County, law enforcement and sanitation officials said.

Vinod S. Shah, 47, and Narendra Shah, 39, were arrested by Brea police shortly before noon at S&B; Plating and Metal Finishing Inc., their metal-plating operation in the 500 block of Apollo Street in Brea.

54 Misdemeanor Counts

The two men were charged with 54 misdemeanor violations and were released on $3,000 bail each, police said. The company could be fined up to $296,500 and the two Shahs jailed up to six months if they are convicted, officials said. Police said they do not know whether the two men are related.

County Sanitation Districts spokeswoman Corinne Clawson said it is the first time criminal charges have been brought by the districts against an alleged industrial polluter, marking an escalation in the county’s fight against illegal dumping of toxic wastes.

Sanitation officials characterized Vinod Shah, who lives in Fullerton, as a “chronic violator” of discharge requirements. Last February, the sanitation districts and the Orange County district attorney’s office filed civil charges against Vinod Shah and an Anaheim company, Aero Tech Plating Inc. The civil complaint described Vinod Shah as Aero Tech’s owner and president and alleged that he engaged in illegal dumping at Aero Tech.

“We have several avenues we can go in order to stop someone from illegally discharging,” Clawson said. “This is the only way we felt we could stop him. We revoked the permit for Aero Tech. We filed civil charges against him. We assessed non-compliance fees. This is all we have left.”

The civil case has not reached trial, Clawson said.

Barry Bisson, Vinod Shah’s attorney, said the criminal charges constitute harassment of his client.

‘Pattern of Harassment’

“There appears to be a pattern of harassment of Mr. Shah,” Bisson said. “We do not know what the charges are. . . . It looks like somebody somewhere is trying to get some Brownie points before the election. I don’t know who.”

Neither Vinod Shah, Narendra Shah, who lives in Yorba Linda, nor Narendra Shah’s attorney could be reached Wednesday for comment.

The criminal complaint charges the company with illegal acts allegedly committed between last July and August: 29 for dumping concentrations of the toxic heavy metals cadmium, copper, chromium and zinc in highly acidic solutions; 14 for discharging without a valid permit and 11 for violations of the state Health and Safety Code.

Laboratory analysis of the waste discharged by S&B; through its plant plumbing and on into the county sewer systems showed more than 800 times the limit set by the industrial waste ordinance for zinc, 500 times the allowable limit for cadmium, 120 times the allowable limit for chromium and 30 times the allowable limit for copper.

Although cadmium and chromium are known carcinogens under some circumstances (cadmium when ingested and chromium with prolonged skin contact), sanitation officials said the amounts discharged by S&B; are probably not hazardous.

Toxicity to Marine Life

“At high concentrations they (the heavy metals discharged) have toxicity to marine organisms,” said Blake Anderson, the sanitation districts’ director of operations. “They can also affect the biological systems of our waste water treatment plant. We lose treatment efficiency.” After sewage is treated, the effluent is discharged into the ocean.

The sanitation districts began investigating S&B; last spring, officials said, when they became suspicious that Aero Tech discharge was being transported to the Brea plant and dumped there.

“That was based on information from the Orange County Health Care Agency,” Clawson said. “That’s what initiated the downstream sampling that began in July.”

At that time, industrial waste inspectors placed a 24-hour-sampler in a public manhole downstream from the company’s site to detect the unauthorized discharges. The samples were taken to the districts’ laboratories and tested. The process was done without the knowledge of S&B; officials.

In August sanitation officials filed a cease and desist order against S&B.; But Clawson said the company dumped illegal chemicals six more times in September. S&B;’s discharge permit was revoked Oct. 23.

Not an Officer of S&B;

Vinod Shah’s attorney argued that his client is not an S&B; officer, and even sanitation districts officials are unclear about the structure of the company. But Clawson said Wednesday that “Narendra Shah has in the past signed industrial waste permits for S&B;, representing himself as the owner. And according to the property management company, Vinod Shah signed the property lease.”

Earlier this year, the districts brought civil charges against three plating companies--including Vinod Shah’s Aero Tech. Officials say the alleged S&B; violations were so extreme that the agency felt criminal charges were the only recourse.