Pubdate: Mon, 01 Sep 2008 Source: Times-Standard (Eureka, CA) Copyright: 2008 MediaNews Group, Inc. Contact: http://www.times-standard.com/writealettertotheeditor Website: http://www.times-standard.com/ Details: http://www.mapinc.org/media/1051 Author: John Driscoll, The Times-Standard Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/find?208 (Environmental Issues) DIESEL SPILL NETS LANDOWNER HUGE FINE The county has fined the owner of the Southern Humboldt County property fouled by a major diesel spill $215,000 on top of the $200,000 it took to clean it up, and criminal or civil charges are reportedly being considered as well. Exercising its administrative enforcement authority, the Humboldt County Department of Health and Human Service's Environmental Health Division directed Albert Tordjman -- a chef now apparently living in Thailand -- to correct the numerous violations stemming from an alleged pot grow. About 1,000 gallons of red dye diesel spilled from a tank on the property, into the soil, with some reaching Hacker Creek, a tributary of Salmon Creek outside Miranda. The spill was reported to the California Department of Fish and Game on May 14. Cleanup took weeks. County Supervising Environmental Health Specialist Melissa Martel said that 80 cubic yards of soil and rock were removed by digging a trench 18 feet wide, 24 feet long and 4 to 9 feet deep. Another trench was built nearby to intercept any other diesel and capture it in absorbent pads. Martel said Tordjman's violations included having two above-ground storage tanks without a spill prevention program, collection of hazardous waste in unapproved containers and improper handling of hazardous waste. The environmental health division on Aug. 5 signed a consent decree between it and Tordjman, in which he agreed to correct the problems and pay the $215,000 fine, or be charged $505,000. The stiff penalty is the result of increasing administrative enforcement action by the department, Martel said, since problems with chemical releases from marijuana grows continue to be a problem. "If people just took the proper care and precautions," Martel said, "we wouldn't be seeing the releases that we continue to see." Tordjman has been correcting the violations, Martel said, but whether the fine will be collected has yet to be seen, as the chef is still in Thailand. The property is also listed for sale. The North Coast Regional Water Quality Control Board said it has been unable to serve its cleanup and abatement order dated May 23 to Tordjman. Sent repeatedly by mail to a post office box in Miranda, the order keeps being returned to the center, said water board supervising engineer Dave Evans. "We're all wondering what's going to happen when the rains come back," Evans said. The concern is that while lots of material has been removed, some diesel may remain in the soil and leach out into the creek during the first rains. The water board order demands that monitoring be performed to detect whether more cleanup is necessary. But Tordjman's Garberville attorney Eric Kirk said the water board can serve him with the documents, and can contact him to work out arrangements. Kirk said Tordjman has already agreed to allow access to the property for monitoring purposes "I don't know what the issue is," Kirk said. It was one of the largest spills of diesel in recent memory, and Fish and Game early on expected that criminal or civil charges would be sent on to the Humboldt County District Attorney's Office for consideration. "The case rests with the District Attorney's Office," confirmed Fish and Game warden A.J. Bolton earlier this week. Several calls and e-mails to District Attorney Paul Gallegos were not returned. - --- MAP posted-by: Jay Bergstrom