Environmental group sues scrap yards.

Eight South Central L.A. auto wreckers and scrap-metal dealers are being sued by the environmental group Santa Monica BayKeepers for failing to follow procedures that would prevent rainwater from washing oil, coolants and other toxic waste into nearby storm drains and then into the ocean.

"We selected eight of the most polluting companies just to get the word out so we will not have to sue all the companies in the industry," said Terry Tamminen, head of the West L.A.-based BayKeepers.

Under Section 505 of the Federal Clean Water Act, private citizens are allowed to sue companies for pollution of the environment.

The U.S. Environmental Protection Agency would not comment on the cases directly, but said there is plenty of legal precedent for a private group such as BayKeepers to sue.

"We have more (polluters violating environmental laws) than we could possibly pursue. That is why there are these provisions in the Clean Water Act," said a spokesman for the EPA in San Francisco.

Christopher Stone, professor of environmental law at USC, however, believes such suits stretch the citizen-lawsuit provisions of the Clean Water Act.

"It's vigilante law. It's a holdup, but I'm not sure they (BayKeepers) have the weapons to carry it out. The Congress is starting to back away from the concept of private attorney general," Stone said.

BayKeepers expects all of the eight defendants to settle out of court for damages ranging from $5,000 to $50,000, plus legal fees and the cost of making improvements to their yards that would prevent further pollution.

Lawyers for the defendants claim the total cost of a court battle - combined with the asked-for modifications - could run to $500,000 for the larger yards.

The companies being sued are Benson's Auto Wrecking, Atlas Scrap Metals, J and S Scrap Metals, General Auto Wrecking, Ecology Auto Wrecking, U-Pick Part Auto Wrecking, Foreign Auto Wrecking and Southern California Auto Wrecking. Most are located south of downtown along Alameda Street.

The defendants claim the lawsuits are based on superficialities. Only one, Benson's Auto Wrecking, has stated that it intends to take the case to trial.

"We continue to ask the question, 'What have we done, why are we being sued?' We are not aware of any injury to the environment," said Wayne Rosenbaum of the law firm Higgs, Fletcher and Mack, which is representing Benson's.

The Benson's case is the first one scheduled to go to court and is expected to set a precedent for the other cases. A court date is scheduled for May.

Representatives of the other yards declined to be interviewed in this story, stating that their cases are still in the discovery phase or that they are already conducting settlement negotiations.

BayKeepers - an independent, non-profit environmental group affiliated with the National Alliance of River, Sound and Bay Keepers - admits it has no solid figures to prove the scrap yards are contaminating local waters.

Instead they are arguing that the yards are not following "best management practices" to reduce the risk of pollution as stipulated by federal law.

BayKeepers is claiming that best business practices for car wreckers and scrap yards would entail draining and disposing of engine fluids, covering exposed engine parts, taking measures to keep dust and debris from escaping from the yard and, in the case of larger operations, purification of water runoff.

The group says any out-of-court settlement would require the yards to modify their facilities and train employees so such practices are followed.

Besides following best business practices, companies are obliged under the Clean Water Act to file reports with the federal government outlining the steps they are taking to reduce the chances of pollution.

In some cases, including Benson's, BayKeepers is also suing over "paperwork violations" - alleging yard owners failed to submit such documentation.

After legal fees are paid, any damages awarded in the cases would be donated to another local environmental group, Tamminen said. (The Clean Water Act prohibits plaintiffs from being enriched themselves by such suits.)

Rosenbaum estimated that settling out of court could cost Benson's up to $100,000 in damages, legal fees and site alterations and could put it out of business. And he argues that without evidence of a direct link between the scrap yards and water pollution, BayKeepers' case will fall apart in court.

"Paper violations are not enough any more. State agencies have the right to prosecute paper violations, but citizens must find harm," Rosenbaum said.

BayKeepers is confident that the Clean Water Act gives plenty of room for private citizens to successfully sue without direct evidence of pollution.

"Congress never intended for these agencies to go it alone. You can't put a policeman on every corner. Anybody who is familiar with the Clean Water Act would want to settle out of court," Tamminen said.

If successful, BayKeepers would use the scrap yard suits as a springboard to take on larger polluters in other industries, Tamminen said.

Alleged Polluters

Scrap metal dealers face litigation from environmentalists over
their alleged pollution of local watersheds.

Scrap                                   No. of            Pollution
Yard                  No. of           Vehicles             Runoff
Locations           Facilities        Dismantled(*)      Destination

Sub Valley
Wilmington              237            446,258           Los Angeles
N. Hollywood                                                River
Downtown L.A.

Santa Fe
Springs                 118            387,171           San Gabriel
Monrovia                                                    River

Santa                   Not              6,555              Santa
Monica               Available                            Monica Bay

* In 1991, the most recent year available.

Source: Calif. Dept. of Motor Vehicles