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TUE 16: 57 P. 02 FD. Nfil REC 2'z D Office of the District Attorney �PS San Joaquin County Courthouse, Rm, 202 ICT ATTORNEY Ucc "� 222 E Weber Ave. Stockton,California 952( aquin County NTY P-0 Box 990, Stockton, California 95201 F• r:, VICES T,eleplio4e;12M 468-2400 LNVU•- I DIVISION 6 iECEIVED December 1, 1992 DEC U; 1 632 SAN JOAQUIN 1,641NTY PUBLIC HEALTH SERVICES PRESS RELEASE ENVIRONMENTAL HEALTH DIVISION SAN JOAQUIN COUNTY DISTRICT ATTORNEY JOHN PHILLIPS ANNOUNCED TODAY THAT SANTA FE RAILWAY ENTERED PLEAS OF NO CONTEST TO FIVE CRIMINAL WATER POLLUTION COUNTS. UNDER THE TERMS OF PROBATION, THE RAILWAY HAS AGREED TO PAY $300, 000 . 00 IN FINES. ALSO, THE RAILWAY HAS AGREED TO MAKE A ONE TIME GRANT OF $250, 000 . 00 TO THE COUNTY ENVIRONMENTAL HEALTH DIVISION TO BE USED FOR ENVIRONMENTAL TOXIC ENFORCEMENT ACTIVITIES. THIS SETTLEMENT REPRESENTS THE STIFFEST CRIMINAL FINES EVER LEVIED FOR AN ENVIRONMENTAL VIOLATION IN THE HISTORY OF SAN JOAQUIN COUNTY. THE FIVE MISDEMEANOR COUNTS AROSE FROM AN ONGOING WATER POLLUTION PROBLEM ASSOCIATED WITH THE REBUILDING OF A RAILWAY TRESTLE IN THE WESTERN DELTA. THE PROBLEM BEGAN WELL OVER A YEAR AGO WHEN THE RAILWAY, WHILE RECONSTRUCTING THE BRIDGE TO HANDLE FASTER TRAINS, TOSSED THOUSANDS OF TONS OF HEAVILY COATED CREOSOTE TIMBERS, NUMEROUS PAINT WASTE AND EPDXY CANS, AND THOUSANDS OF ADDITIONAL PIECES OF VARIOUS OTHER MATERIALS, DIRECTLY INTO THE WATER AND ONTO WETLANDS NORTH OF WOODWARD ISLAND BETWEEN MIDDLE RIVER AND OLD RIVER. IN NOVEMBER OF 1991, SANTA FE ACCEPTED BIDS FOR THE REMOVAL OF APPROXIMATELY 1100 FEET OF WASTE TRESTLE, HOWEVER, SANTA FE FAILED TO HIRE ANYONE TO ACCOMPLISH THIS REMOVAL. IN LATE FEBRUARY 1992 , CALIFORNIA DEPARTMENT OF FISH AND GAME RECEIVED FORMAL NOTICE OF THE VIOLATION. IN MARCH OF 1992 , AFTER DISCUSSING THE MATTER WITH THE DISTRICT ATTORNEY fS OFFICE, FISH AND GAME ORDERED THE RAILWAY TO REMOVE ALL MATERIALS FROM THE WATERWAY WITHIN 30 DAYS AND DISPOSE OF THE MATERIAL APPROPRIATELY. THE RAILWAY LATER MET WITH FISH AND GAME AND ATTEMPTED TO GET A VARIANCE TO ALLOW THE CONTINUING POLLUTION PROBLEM TO REMAIN UNTIL AFTER THEIR WORK ON THE BRIDGE WAS COMPLETED IN 1992 . THE DISTRICT ATTORNEY'S OFFICE INFORMED THE RAILWAY AND THE RAILWAY' S WEST COAST ATTORNEYS THAT THE ONGOING WATER POLLUTION VIOLATIONS AND POSSIBLE HAZARDOUS WASTE VIOLATIONS MUST STOP IMMEDIATELY. ON AUGUST 6, 1992, THIS TIME VIA MAIL, THE ENVIRONMENTAL PROSECUTIONS UNIT OF THIS OFFICE SENT A LETTER TO THE ATTORNEY REPRESENTING THE RAILWAY STATING THAT THE RAILWAY HAD JUST 5 DAYS TO RESPOND TO EARLIER REQUESTS. APPROXIMATELY TWO WEEKS LATER, THE RAILWAY FINALLY HIRED A CONTRACTOR TO PERFORM THE WORK OF REMOVING THE CREOSOTE TIMBERS AND OTHER WASTES, WHICH BY NOW HAD GROWN TO OVER 1600 FEET OF WASTE TRESTLE.