Score One for the Toxic Waste Task Force : Paint Plant Executive’s Conviction Shows County Takes Illegal Dumping Personally

The recent conviction of an Anaheim paint plant executive for directing his employees to dump toxic chemicals illegally marks a milestone in Orange County’s commitment to crack down on hazardous waste dumping. It was the first time a toxics case of this kind had been brought to trial in Orange County; most are settled before they reach a courtroom.

It also was the result of coordination and persistence by the consumer and environmental units of the district attorney’s office and a county hazardous waste strike force composed of 25 regulatory and law enforcement agencies.

The case should serve as a strong warning that individual company officers--not just faceless corporations--will be held personally responsible for illegal toxics dumping.

Deputy Dist. Atty. Jerry Johnston, who prosecuted the case against W.C. Richards Co., an Illinois-based paint manufacturer, said he will press for prison time for the executive, former vice president Marion Bruce Hale, 45, of Brea. Hale, who has since been fired by the company, faces fines of up to $100,000 per day of violation and up to five years and eight months in prison. Sentencing in Orange County Superior Court is July 17.

A jury found that Hale ordered employees to mix 150 to 200 gallons of toxic chemicals a day with sawdust, which was then hauled to a local dump. Sampling indicated that the waste contained concentrations of toxic metals and chlorinated solvents. The solvents are of particular concern because they leach into the soil and can contaminate water supplies.

It was especially significant that the district attorney was able to obtain a conviction on one of the five counts against Hale in which it was argued that the dumping had occurred over several years--not just the few instances observed during the task force’s investigation. Prosecutors around the state had been watching to see if such circumstantial evidence would sway a jury. The case also laid to rest a fear among prosecutors that the evidence was too technical for a jury to comprehend.

The case against Hale and W.C. Richards Co., which last year agreed to pay a $250,000 fine and plead no contest to a misdemeanor to settle a case based on similar charges, resulted from an investigation launched by the task force after an anonymous tip. But it takes much more than a tip to build a strong case. The task force and the district attorney’s office deserve credit for pursuing this case with vigor. The county’s 24-hour toxics waste hot line, by the way, is (714) 667-3710.