OWNER OF SANTA MONICA COMPANY INDICTED FOR DISCHARGING INTO SEWER CHEMICALS THAT NEARLY KILLED UNDERGROUND WORKER

The owner of a Santa Monica furniture stripping company was indicted today on federal hazardous waste charges for allegedly discharging solvents and acids into the municipal sewer system. The indictment alleges one incident that caused a sewer worker to suffer third-degree burns and cardiac arrest, although he was resuscitated by rescue workers

Michael Miller, 40, of Playa Del Rey, the owner of a business known as

Stripper Herk, was named today in a three-count indictment that was returned by a federal grand jury in Los Angeles.

Stripper Herk is a small furniture stripping and refinishing shop that generates wastewaters containing the solvents methylene chloride and oxalic acid. Some of the wastewaters were allowed to discharge into a sump and drain, which were connected to the Santa Monica municipal sewer system.

In 1992, Santa Monica issued Miller a notice of violation directing him to stop discharging solvent-laden wastewaters into the sewer. Miller was also directed to seal the sump's connection to the sewer. Shortly thereafter Miller was issued a permit which, among other things, prohibited the discharge of solvents such as methylene chloride.

On March 26, 2003 Vincente Valenzuela, an employee of a contractor repairing a 36-inch sewer line directly in front of and approximately 20 feet below Miller's shop, noticed a chemical discharging into the sewer. The chemicals soaked Valenzuela's clothing and quickly caused him to lose consciousness from the fumes. When finally rescued from the sewer line, Valenzuela was in full cardiac arrest and had no pulse. Valenzuela was revived by fire paramedics and transported to UCLA for treatment. At UCLA, medical staff treating Valenzuela became ill from the fumes emitting from his clothing. Valenzuela was ultimately treated at the Grossman Burn Center for third-degree chemical burns that covered 60 percent of his body.

During an inspection of Stripper Herk on March 26, as well as during the execution of a federal search warrant on April 10, Miller admitted that he had removed the seal from the sump approximately six months to a year earlier.

During the inspection and execution of the search warrant, authorities also discovered that Miller was unlawfully storing approximately 20 55-gallon drums of hazardous wastes in the rear of the shop.

The indictment alleges two counts of discharging pollutants into a publicly- owned sewer system in violation of a permit. One count alleges discharges that took place from January 1 through March 25 of this year; the second count relates to the March 26 incident that nearly killed Valenzuela. Miller is also charged with one count of storing hazardous wastes without a permit.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

If convicted of all three counts in the indictment, Miller faces a maximum statutory penalty of 15 years in federal prison. Miller will be summoned to appear for an arraignment in United States District Court in Los Angeles next month.

This case is the result of an investigation by members of the Los Angeles Federal Environmental Task Force, which includes the Federal Bureau of Investigation; the Los Angeles County Fire Department, Health Hazardous Materials Division; the California Department of Toxic Substances Control; the Santa Monica City Industrial Waste Section; and the Santa Monica City Fire Department.