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Mark Avila, Hazmat Violation, CA 2020

Santa Paula, CA – A 2014 explosion at the SCWWC hazardous waste facility triggered a massive emergency response and exposed dozens to toxic fumes, ultimately leading to the sentencing of facility managers in 2019 and 2020. The incident, which involved over 1,000 gallons of spilled chemicals and a subsequent fire, revealed a pattern of illegal hazardous waste handling and deliberate circumvention of environmental regulations. The case highlights the dangers of improper waste management and the potential for catastrophic consequences to both public health and first responders.

On October 11, 2019, Marlene Faltemier, SCWWC’s Human Resources Manager, received a stayed two-year jail sentence and five years of formal probation. She was also ordered to pay $2,647,621.35 in victim restitution. Shortly after, on November 22, 2019, SCWWC Operations Manager Gus Baker and Facility Manager Mark Avila were sentenced to 36 months probation, two months of suspended jail time, and a $150 fine each. The pair had pleaded guilty to multiple charges stemming from the incident, including failing to warn of a serious concealed danger, impeding enforcement, and illegally storing and labeling hazardous materials.

The explosion occurred when hazardous materials were being transferred from approximately 20 unlabeled chemical totes into a vacuum cargo tank trailer. Investigators determined that SCWWC was routinely storing quantities of hazardous materials exceeding permitted levels. Prior to scheduled inspections, the facility would illicitly transfer excess waste to an unsecured offsite truck lot – a clear attempt to deceive regulators. On the day of the blast, a Defense Logistics Agency inspection was scheduled, prompting the internal clean-up efforts that ultimately led to the explosion.

The resulting fallout was significant. Mandatory evacuations were ordered for residents within a one-mile radius of SCWWC, while a shelter-in-place order was issued for those within three miles. A local elementary school was closed, and Highway 126 was shut down. Dozens of individuals sought medical attention for exposure to the toxic smoke. Critically, two SCWWC employees and three Santa Paula firefighters were injured. The firefighters, responding to what they were told was a sewage explosion, entered the facility without proper protective gear, leading to long-term disability leave for all three and the total loss of their fire engine.

Beyond the immediate danger, the investigation uncovered that SCWWC was disposing of hazardous waste through unauthorized channels, including a wastewater pipeline leading to the City of Oxnard’s sewage plant and via trailers to the Chiquita Canyon Landfill. Neither of these disposal methods were approved for hazardous waste, further demonstrating a blatant disregard for environmental regulations and public safety. The deliberate and systemic nature of these violations raises questions about the oversight and enforcement of hazardous waste management practices in the region.

Key Facts

  • Defendant: Mark Avila, Gus Baker, Marlene Faltemier
  • Location: Santa Paula, California
  • Year of Incident: 2014
  • Year of Sentencing: 2019-2020
  • Statutes Violated: Failing to warn of a serious concealed danger, impeding enforcement, illegally storing and labeling hazardous materials (State Statutes).
  • Penalties: Marlene Faltemier received a stayed two-year jail sentence, five years probation, and $2,647,621.35 in restitution. Mark Avila and Gus Baker received 36 months probation, two months suspended jail time, and a $150 fine.
  • Impact: Over 1,000 gallons of hazardous waste spilled, causing a fire, evacuations, school closures, and injuries to employees and first responders.

The case serves as a stark reminder of the potential for environmental crimes to endanger communities and the importance of rigorous enforcement of hazardous waste regulations. While the individuals involved received penalties, the long-term health and environmental consequences of the SCWWC incident are likely to persist for years to come.


Source: EPA ECHO Enforcement Case Database

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