3 Men, Firm Charged in Asbestos Releases

A Los Angeles development company and three men were charged Monday with felony violations of hazardous waste regulations in connection with the 1988 demolition of an Atwater pottery factory, where authorities said cancer-causing asbestos was improperly ripped out and released into the air.

The complaint filed by the Los Angeles County district attorney’s office charges Perlita in L.A. Inc., and Pradeep Agnihotri of El Toro, John Edwards of Arcadia and Al Sesar of Newport Beach with two counts each of illegal disposal and transportation of hazardous waste.

Deputy Dist. Atty. David H. Guthman said the defendants knowingly allowed “friable” asbestos--crumbling material that could loose airborne particles--to escape when they demolished kilns and factory structures at the defunct Franciscan Ceramics plant in December, 1988. The structures at 2901 Los Feliz Blvd. were being demolished in preparation for development of the 45-acre site.

“Our theory is that they fully knew that there was friable asbestos and that by knocking down the structures the way they did, it was knowingly released into the air,” Guthman said. “It was blowing in the wind. You couldn’t have picked worse days. The Santa Anas were blowing.”

According to the district attorney’s office, Perlita in L.A. purchased the old pottery factory in 1988 and demolished structures there between Nov. 28 and Dec. 16, 1988, to build a shopping center.

Agnihotri was the site manager for Perlita, and Edwards operated a company that demolished the structure, Guthman said. The kiln debris and portions of the insulation from the buildings were trucked by a company operated by Sesar to a brick-crushing plant in Barstow, Guthman said.

Perlita in L.A. is the corporate name for the Franciscan Promenade partnership, which is still completing cleanup of the property for development, said Richard M. Mosk, an attorney who represents Perlita.

Mosk declined to comment on the charges filed Monday but said that a settlement on penalties has been negotiated between Perlita and the district attorney’s office. The settlement will be announced at the arraignment, scheduled for May 24, he said.

The other defendants and their attorneys could not be reached for comment Monday. They remain free until the arraignment, the district attorney’s office said.

Each felony charge carries a maximum penalty of three years in prison and $100,000 fine for each day of violation, which prosecutors calculated at nine working days.