State Sues Ascon, Claiming Wastes at Landfill Are a Threat to Public

Toxic, hazardous wastes in the Ascon landfill in Huntington Beach pose a serious public health threat, so the owners should be ordered to clean it up, state pollution officials said Friday.

People who chronically inhale the increasingly strong odors are threatened with nausea, eye and skin problems, general weakness and respiratory tract irritation, according to an Orange County Superior Court lawsuit, filed by the South Coast Air Quality Management District.

Lawyers for the district also asked that $7.2 million in fines for continuing violations of state air pollution laws be assessed against the owner, Ascon Properties Inc.

Landfill operations stopped in 1984. The site had been used since 1938 as a dumping ground for oil wastes.

The 37-acre dump at 21641 Magnolia St. is ringed by expensive homes, and the lawsuit stated that two public schools--Edison Elementary and Edison High School--are close by.

Officials sought the huge fines and quick cleanup in part because in private negotiations, owners showed “a recalcitrant attitude” in refusing to take action, according to the lawsuit.

Residents Worried

For years, nearby residents and politicians have complained about the dump and worried about the effects of the waste buried there.

A report dated last June shows a list of hazardous materials at the dump that include styrene tar, chromic and sulfuric industrial wastes, lead, barium, nickel and copper. The study, attached to the lawsuit, was ordered by Ascon and prepared by Radian Corp.

The greatest threat to humans, according to the report, is from inhalation of contaminants.

The report stated that brackish groundwater at the landfill is contaminated but noted no threat because the water is not used by humans.

The dump was placed on the California Superfund list, which identifies hazardous waste sites, in 1984. One year later, state officials dropped the site from 77th to 175th, indicating that the seriousness of the hazard had been downgraded.

Negotiations for a cleanup have been under way between Ascon and the state, but no on-site operations are expected before next year, according to Steve Tsumura of the state health department.

Huntington Beach Mayor Jack Kelly and the City Council repeatedly have asked state and local agencies to speed the cleanup.

The investigation by the Air Quality Management District that led to the lawsuit began July 28 at the request of the city, according to Steven A. Levy, a district investigator.

Levy has received several dozen complaints from nearby residents in the last month, according to papers filed with the lawsuit.

“Among the complaints reported were watery eyes, tight chest, breathing difficulty, nausea, allergic reactions and sinus problems,” according to Levy.

Ascon Vice President John Lindsey has refused to take action to address the odor problem, Levy said.

Ascon bought the dump in 1983, and Lindsey has insisted that the state should take action against Shell Oil Co., which ran the dump for many years, according to Levy.

District officials cited the dump as a nuisance late last month. When no action was taken, officials decided to seek a court order, according to the lawsuit.

Ascon representatives could not be reached for comment. District and state health officials also could not be reached.