A criminal case that has been filed against a waste hauler licensed here in the State of California FOR FAILURE TO PROPERLY DISPOSE OF HAZARDOUS SUBSTANCES IN THE CITY OF LANCASTER. People vs. Serwin P. Smith (company owner) and Marvin T. Dunbar (driver) No. BA#90261.
Sherwin and Jim Smith began hauling waste under the name Smith & Thonpson Pumping Company and S&S Environmental. Their location was 244/258 W. Ave. L-9. Directly behind the new Michael D. Antonovich Superior Court House in Lancaster. A waste hauler is licensed to pick up waste from specific locations (called generators) and take the waste to appropriate treatment centers. The generator of the waste is supposed to be identify the nature of the waste on specific manifests. The waste based on this identification is then taken to special treatment plants.
S&T instead of taking the waste to treatment plants would pick up waste from various generators in 5000 gallon trucks take the trucks back to their yard located at 244/258 W. Ave. L-9, Lancaster and dump the waste there. They would then and “land farm” the waste. There were piles of septic waste (ie human feces) which is presumed to be hazardous piled on the property. Hydrated lime, a semi-controlled substance used in the treatment of septic waste was found in large uncovered piles on the property, and concerning levels of e.coli, fecal coliform, and hydrogen sulfide gas have been measured on the property. S & T would combine the sewage sludge, pumice, construction debris and other substances. The existence of dangerous levels of Hydrogen Sulfide was established by Charles Lamoureux, who took air sample tests at the Smith & Thompson site (rotten egg smell). The uncovered waste material would blow about the neighborhood in the high desert winds.
The authorities including the Department of Toxic Substances became aware of the situation when they began receiving complaints about the smell and they found illegal waste in the City Sewer system. Sherwin Smith was arrested and is currently awaiting trial.
The investigation documented 331 occasions in which the waste did not arrive at the designated treatment center and 273 occasions in which disposal facility signatures were forged to show receipt of the waste at a designated disposal facility. It is evident that S & T picked up far more waste then could just be dumped at the W. Ave. L-9 location.
The investigation sampled seven barrels of waste during their execution of a search warrant. All samples tested toxic. One barrel was not sampled as it was crystalized and according to authorities was too “dangerous to test.” The barrels were not confiscated and were not taken by the Government for disposal. This waste has disappeared from the location. Various generators continued to use S & T even after they were charged with 36 felony violations by the government.
What needs to be done:
• The buried waste at 244/258 W. Ave. L-9 need to be cleaned up and tested.
• Other S & T dump sites such as Wakimoto Farms in Arizona and AV Truck & Car Wash in Lancaster, also need to be cleaned up and tested.
• The people who are suffering from serious respiratory, neurological, and physical complications, including chest pains, sore throat, blood in the urine and stool, sore glands, pimples in mouth, gagging and choking, metal taste in mouth, difficulty sleeping, burning eyes, headaches, diarrhea, nausea, memory loss and rashes need medical care. According to Doctor Kaye H. Kilburn, M.D. professor of Internal Medicine, retired, U.S.C. Beck School of Medicine“ Further or repeated exposure to the gases and particles from Smith & Thompson Pumping Company dumping is likely to result in permanent brain damage, and will probably include permanent respiratory damage as well. Contributing to these effects are hydrogen sulfide, ammonia, bacteria such as E coli, proteins and other components of human excreta. What is clear is that these materials should not be inhaled. They impair brain and lung function and cause the symptoms exhibited in this case”.
We need to know:
• What are the risks from this site?
• Are their other sites? What are the risks from those sites?
• Will the waste get into our water table?
• Why has the government not acted to clean up this unhealthy situation?
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