HAHN FOR MAYOR
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Hahn asks D.A. to review Sunshine

MARCH 06, 2001
LOS ANGELES DAILY NEWS

Los Angeles City Attorney James Hahn called on Monday for a review of safety violations at Sunshine Canyon Landfill in Granada Hills for possible criminal prosecution that could lead to closure of the controversial dump. Staging a news conference and campaign at Van Gogh Elementary School about half a mile from the dump's edge, Hahn -- a candidate for mayor -- urged District Attorney Steve Cooley to conduct the review and the county's Regional Planning Department to consider revocation or modification of Browning Ferris Industries of California Inc.'s operating permit.

"Violations of environmental and safety laws and the landfill's conditional use permit issued by the county were found during each of the inspections," Hahn said, citing a series of inspections between September 1999 and October 2000. "I wouldn't be doing my job as city attorney if I didn't raise these issues."

The mounting number of violations and notices issued by the Department of Health Services and the South Coast Air Quality Management District were first reported by the Daily News in October. Neighbors said they feared the problems would escalate as a massive expansion of the dump begins this summer.

BFI officials have acknowledged the violations, but say they've since been corrected and that the landfill poses no health or safety danger to residents.

BFI spokesman Arnie Berhoff on Monday accused Hahn of exaggerating the problems.

"It's pretty clear he hasn't reviewed the violations, because all are minor in nature and none approach the threshold he's talking about," Berghoff said. "If he'd take the time to see what the violations are, and more importantly what they are not, he wouldn't be proposing such a thing."

Deputy City Attorney Elise Ruden, who evaluated the violations, said they included high levels of methane gas emissions and other problems with the potential to become serious.

"To say all the violations were minor doesn't tell the whole story," Ruden said.

Cooley's spokesman Joe Scott said the letter has been referred to the district attorney's Environmental Crimes Division for review, a step that does not necessarily mean an investigation will be opened.

John Gutwein, Los Angeles County head of zoning enforcement, said he plans to send an inspector to the landfill today, to be followed by a "point by point" evaluation to ascertain whether BFI violated its conditional use permit.

He said the county prefers to work with businesses on remedies, rather than revoking permits.

"We're not that heavy-handed," Gutwein said.

With the San Fernando Valley's vote crucial to the April mayoral primary, Hahn and the five other major candidates have made Sunshine Canyon Landfill central to their Valley campaigns.

Until recently, the City Attorney's Office has irked some residents who say it hasn't done enough to force BFI to seal up the old city dump, closed in 1991. The North Valley Coalition, a group of residents opposed to the dump, has two legal actions pending against the city in connection with the landfill.

But coalition members said Monday that they're grateful for the assistance.

"You can't help but be skeptical after all that's happened in the city," said North Valley Coalition spokeswoman Mary Edwards. "But I think overall what he is recommending are some substantive things, and even some things that might be achievable."

Kim Thompson, a local resident, said she was encouraged by Hahn's referral of the violations to the District Attorney's Office for consideration of misdemeanor criminal prosecutions.

"We'll take help from anybody," she said.

Other mayoral candidates, scheduled to square off during a 7 p.m. Wednesday debate at the Knollwood Country Club in Granada Hills, accused Hahn of political opportunism.

Steve Soboroff, a former top aide to Mayor Richard Riordan, charged Hahn with playing "politics" over the dump after ducking the controversy for years.

"All of us want to close it down," Soboroff said. "But all of us weren't part of creating what we're trying to close down."

Councilman Joel Wachs, also in the mayor's race, said he was encouraged by Hahn's latest actions, while criticizing his role in providing legal advice during the city's 1999 landfill expansion debate.

"If an election does it, great," Wachs said.

Hahn said he provided sound legal advice and acted as a watchdog in his role as city attorney, but couldn't tell the council how to vote.

The violations, he added, were referred to county officials, because they fell within the county's jurisdiction.

In another action, Hahn asked California Environmental Protection Agency Secretary Winston H. Hickox to join in writing legislation to criminalize violations of the Integrated Waste Management Act, which could give the city more prosecutorial clout over the landfill's operator during the expansion.

BFI spent $450,000 to influence the council's 8-7 vote approving the expansion to 415 acres and up to 90 million tons.

The majority of the violations and notices to comply have been issued since that vote and after the landfill was bought by Allied Waste Industries of Scottsdale, Ariz.

Hahn said all landfills within the city of Los Angeles should be closed, and other waste disposal alternatives pursued.

"The objections are that it will cost more, but I don't think you can put a price on people's health and safety," he said.