Furniture stripper allegedly dumped toxic chemicals into sewer
Criminal charges were filed against the owner of a Santa Monica furniture-stripping shop Wednesday for allegedly dumping toxic chemicals into the sewer.
The action followed an FBI investigation launched when a sewer worker fell into cardiac arrest and suffered third-degree burns after crawling through methylene chloride, a chemical commonly used to remove paint.
Michael Miller, 40, owner of Stripper Herk Inc., 2015 1/2 Main Street, faces two counts of dumping toxic chemicals and one count of illegally storing hazardous waste barrels. If convicted on all three counts, Miller faces a maximum penalty of 15 years in federal prison.
Miller, who lives in Playa Del Rey, admitted responsibility for the leak but said it was a mistake. He said the makeshift plug that sealed the drain on the floor of his workshop deteriorated and he did-n’t know about it until investigators tested the seal after the sewer worker was injured.
Once the problem surfaced, Miller cemented shut the drain at Stripper Herk and lined the work areas with galvanized steel to better retain the chemical runoff. He also had 20 unmarked barrels of the chemical hauled off his property, something he delayed doing because it costs about $500 per barrel, he said.
“I’ve complied and over-complied,” he said. “I won’t dispute the drain did leak. It did and that’s a violation. But to put me in jail for a leaky drain seems kind of stupid.”
Miller also questioned the reaction of sewer worker Vincente Valenzuela, who was treated for third-degree burns covering 60 percent of his body after crawling through methylene chloride in the 36-inch sewer. Miller said the methylene chloride he uses in his shop is diluted with water and relatively safe.
Stripper Herk’s five full-time employees, some of whom have worked with Miller for more than 20 years, said Wednesday that even though they work directly with the chemical, they have never had any safety issues with it.
But Thom Mrozek, a spokesman for the U.S. Attorney’s office, characterized the charges as uncommon and said the violation was severe. He said the leak almost killed Valenzuela, who was revived by paramedics and transferred to UCLA Medical Center and later to the Grossman Burn Center.
Miller will be arraigned in United States District Court in L.A. next month. Mrozek said no determination has been set on whether to push for the full 15-year sentence.
Gary Welling, industrial waste services coordinator for the city, has been monitoring Stripper Herk regularly for more than a decade. He said Miller was issued a notice in 1992 not to discharge methylene chloride into the sewers and had been in compliance until the March incident. Since March, Miller has again been in compliance with the city’s codes, Welling said.
Though the city has not filed any civil charges against Miller, Carol Kurtz, deputy city attorney, said the city will consider pursuing Miller for some of its investigative costs.
In the meantime, Miller is eager to pay for his mistake but said he’s hoping the price won’t be too high. He said he does-n’t understand why federal officials have made such an issue of the incident since he has taken full responsibility for the leak and corrected the problem.
“Go after the big companies that dump and know it and don’t care because they have attorneys to cover it up,” he said. “Don’t go after the little guy.”
Originally published in the Santa Monica Daily Press print edition on May 30, 2003. Read the original PDF.