Assistant U. S. Attorney Melanie K. Pierson (619) 546-7976

NEWS RELEASE SUMMARY – May 13, 2020

SAN DIEGO – Curtis Technology Inc., a San Diego firm that makes specialized coatings, was sentenced in federal court today to pay a $45,000 fine and $114,297 in clean-up costs for illegally transporting hazardous waste from its facility without a manifest.

Curtis Technology Inc. (CTI) pleaded guilty in February, admitting that it conducted metal finishing operations at its location on Sorrento Valley Road, which generated various wastes, including ferric chloride, alkaline, waste filter cake, solvents and other chemicals.  The company admitted that between December 12, 2015 and August 22, 2019, the CTI owner and a maintenance employee transported chemicals, including waste ferric chloride, waste filter cake, waste alkaline, waste solvents and other chemical wastes, from the CTI location on Sorrento Valley Road to the CTI owner’s three residences located on Wrelton Drive, Corte Morea, and Bourgeois Way, without an accompanying hazardous waste manifest.

On November 8, 2019, a maintenance worker for CTI told the FBI that beginning in 2017, at the direction of the company owner, he transported various chemicals (both unused and waste) to be stored at the owner’s three residences in San Diego.  The employee stated that the chemicals were hazardous, and that some could react with others stored at the same location if they were to come in contact with each other, potentially resulting in explosion.  The employee further stated that he had been to the residences prior to 2017 with the owner and had observed containers of unknown chemicals at the residences prior to his first deliveries at each location.  The chemicals he delivered were stored in five-gallon buckets with lids and jars with lids, and included selenium, cesium, ferric chloride, alkaline and filter cake (solids strained from liquids or sludges).  All three residences where the chemicals were stored were unoccupied, and none of the chemicals were labeled as hazardous waste. None of the chemicals transported to the residences by the employee were accompanied by a hazardous waste manifest.

On November 14, 2019, federal search warrants were executed at the three residences identified by the employee as places where the hazardous waste was being stored.  Collectively, at the three sites, over 300 containers of waste chemicals were discovered.  At one of the locations, chemicals deemed too unstable to transport were discovered.  The area was evacuated, the San Diego Fire Department Bomb Squad arrived, and the chemicals were detonated on site. The remaining chemicals were removed from the sites, and disposed of as hazardous waste through the EPA Superfund program at a cost of approximately $114,000. The illegal activity occurred after the company had been subject to an adverse administrative action relating to its management of its hazardous waste.

“This company was so cavalier and irresponsible about the storage of chemicals that it knowingly put an entire neighborhood at risk,” said U.S. Attorney Robert Brewer. “This sentence holds the company accountable for its illegal actions.”  Brewer also commended the prosecution team headed by AUSA Melanie Pierson for their diligence in this case.

“The illegal transportation and storage of dangerous chemicals and hazardous waste could have easily resulted in a serious injury or death,” said San Diego FBI Acting Special Agent in Charge Omer Meisel.  “Today’s conviction demonstrates the FBI's commitment to working with our law enforcement partners to hold accountable those individuals who do not follow proper hazardous waste protocol and put the community at risk.”

“The defendant illegally stored chemicals in a residential area that were too unstable to safely transport for disposal,” said Acting Special Agent in Charge Scot Adair of EPA’s criminal enforcement program in California. “These actions required the evacuation of a neighborhood to allow local law enforcement officials to detonate the chemicals safely. EPA and our law enforcement partners are committed to addressing these risks and enforcing our environmental laws.”

DEFENDANT                                               Case Number 20cr0715-JAH                                              

Curtis Technology Inc.                                 Incorporated: 1981                              San Diego, CA

SUMMARY OF CHARGES

Transportation of Hazardous Waste Without a Manifest – Title 42, U.S.C., Section 6928(d)(5)

Maximum penalty for corporation: Five years of probation and a fine of the greater of $500,000 or $50,000 per day of violation and a minimum fine of $5000 per day of violation

AGENCY

U.S. Environmental Protection Agency, Criminal Investigation Division

Federal Bureau of Investigation

 

 

 

 

Assistant U. S. Attorney Melanie K. Pierson (619) 546-7976   

NEWS RELEASE SUMMARY – February 27, 2020

SAN DIEGO – Curtis Technology, Inc., a San Diego firm that makes specialized coatings, pleaded guilty in federal court yesterday, admitting that the company illegally transported hazardous waste from its facility without a manifest.  In pleading guilty, Curtis Technology admitted that it conducted metal finishing operations at its location on Sorrento Valley Road, which generated various wastes, including ferric chloride, alkaline, waste filter cake, solvents and other chemicals.

The company admitted that between December 12, 2015 and August 22, 2019, CTI owner Alex Jvirblis (deceased) and a maintenance employee transported chemicals, including waste ferric chloride, waste filter cake, waste alkaline, waste solvents and other chemical wastes, from the CTI location on Sorrento Valley Road to three residences in San Diego owned by Jvirblis located on Wrelton Drive, Corte Morea, and Bourgeois Way. The chemicals were not accompanied by a hazardous waste manifest at the time of transportation.

The waste ferric chloride and waste alkaline are federally-regulated hazardous wastes having the characteristic of corrosivity.  The waste solvents are federally-regulated hazardous wastes having the characteristic of ignitability.  The waste filter cake is a federally-regulated listed hazardous waste, assigned waste code F006 for wastewater treatment sludges from electroplating operations.  All of these wastes are required by regulation to be transported with a uniform hazardous waste manifest.  The firm admitted that Alex Jvirblish acted knowingly, that is with knowledge that the chemicals transported to the three sites were not accompanied by a hazardous waste manifest and with knowledge that the chemicals were waste that had the potential or substantial potential to be harmful to others or to the environment.

Federal search warrants were conducted at the three sites in November, 2019, and the chemicals were recovered.  At one of the residences, chemicals were discovered which were too unstable to safely transport for disposal.  The area was evacuated, and the chemicals were detonated on site by the Sheriff’s Department Bomb Squad.

“These kind of violations have the potential to jeopardize public health and damage the environment,” said U.S. Attorney Robert Brewer. “We will hold companies accountable when they take short cuts that put people and our environment at risk.”

San Diego FBI Special Agent in Charge Scott Brunner stated, “Today's plea was made possible by extraordinary investigative effort expended in a compressed time frame by the San Diego Environmental Crimes Task Force. The FBI is grateful for the integral support of the San Diego Fire Department, San Diego Police Department, San Diego County Department of Environmental Health (HAZMAT) and the Environmental Protection Agency, in expeditiously locating and neutralizing these dangerous chemicals."

“The law protects our communities and the environment by requiring proper storage, transportation, and disposal of hazardous waste,” said Acting Special Agent-in-Charge Scot Adair of EPA’s Criminal Investigation Division in California.   “This case demonstrates that EPA and its law enforcement partners are committed to holding knowing violators of those requirements accountable for their actions."

Sentencing is set before U.S. District Judge John A. Houston on March 16, 2020, at 11:00 am.

DEFENDANT                                               Case Number 20cr0715-JAH                                              

Curtis Technology, Inc.                                Incorporated: 1981                              San Diego, CA

SUMMARY OF CHARGES

Transportation of Hazardous Waste Without a Manifest – Title 42, U.S.C., Section 6928(d)(5)

Maximum penalty for corporation: Five years of probation and a fine of the greater of  $500,000 or $50,000 per day of violation and a minimum fine of $5,000 per day of violation

AGENCIES

U.S. Environmental Protection Agency, Criminal Investigation Division

Federal Bureau of Investigation