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HAZMAT REMEDY A WIN-WIN PRESCHOOL MOVED IN LIEU OF FINE.


Byline: Kerry Cavanaugh Staff Writer

When a Sun Valley chrome plating Chromium plating solutions
There are two types of chromium plating: industrial and decorative. Industrial chromium plating is also referred to as Hard Chrome or Engineered Chrome.
 business was caught mishandling hazardous materials, City Attorney Rocky Delgadillo Rockard John "Rocky" Delgadillo (born July 15 1960) is the current City Attorney of Los Angeles, California. Career
  • Teacher/ Coach, Los Angeles Unified School District, Franklin
  • Attorney, O'Melveny & Myers LLP
 could have filed criminal charges and pushed for a couple thousand dollars in fines.

Instead, Delgadillo and his staff negotiated a settlement that environmentalists hope will be repeated throughout the region. Rather than pay fines, Dixon Hard Chrome helped relocate a preschool to a residential area, away from the toxic industrial operation of the neighborhood.

``This really is a case where the public was protected and children's health Children's Health Definition

Children's health encompasses the physical, mental, emotional, and social well-being of children from infancy through adolescence.
 became the driving force in the settlement in lieu of payments,'' said Deputy District Attorney Patty Bilgin, who negotiated the deal.

``I wish more people were amenable to these types of settlements.''

The settlement with Dixon Hard Chrome was finalized Nov. 3. California Kids Preschool and Kindergarten has since moved to its new location on a leafy leaf·y  
adj. leaf·i·er, leaf·i·est
1. Covered with or having leaves.

2. Consisting of leaves: Spinach is a leafy green vegetable.

3. Similar to or resembling a leaf.
 street in North Hills.

Just a year earlier, the school was on Lankershim Boulevard and backed up to the chrome plating business, where workers coat metal in chrome and toxic fumes fumes

odorous gases and other volatile materials; inhalation of irritating fumes causes coughing and, if sufficiently severe, irreversible pulmonary edema.
 or dust can be released.

``Children up to the age of five are the most vulnerable to environmental toxins, and they were playing next to harmful substances every day. The risk of exposure was too serious to ignore,'' Delgadillo said.

Environmentalists praised the Dixon settlement, calling it a good way to fix a recurring problem in low-income, industrial communities where businesses that handle toxic chemicals Any chemical which, through its chemical action on life processes, can cause death, temporary incapacitation, or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced  - such as dry cleaners and chrome platers - are often located next to homes, schools and day-care centers.

``The use of the penalty funds are being put right back into remedying the problems. This directly benefits the people,'' said Joe Lyou, executive director of the California Environmental Rights Alliance.

The Dixon case began in December 2003 when a team of air, water and toxics inspectors found two unapproved un·ap·proved  
adj.
Not approved or sanctioned: an unapproved vaccine; an unapproved protest march. 
 500-gallons containers of sulfuric acid sulfuric acid, chemical compound, H2SO4, colorless, odorless, extremely corrosive, oily liquid. It is sometimes called oil of vitriol. Concentrated Sulfuric Acid
 and hydrochloric acid hydrochloric acid: see hydrogen chloride.
hydrochloric acid
 or muriatic acid

Solution in water of hydrogen chloride (HCl), a gaseous inorganic compound.
, and other procedural violations, including failing to have a stormwater plan. Six criminal counts were filed in March 2004.

Bilgin said that from the beginning she wanted to see the school moved. California Kids' owners Karen Weil Morrison and Michael Morrison rented the property from Dixon, but Bilgin knew the City Attorney's Office didn't have the power to force Dixon to relocate its tenants.

However, Dixon Hard Chrome and the Morrisons agreed to Bilgin's request to move the school and she dropped the criminal charges and entered a civil stipulated judgment A stipulated judgment is a judgment which both sides agree to have entered. If the agreement is not followed, the plaintiff can file an affidavit of default wherein the judgment can be entered without notice to the defendant(s).  with Dixon.

In addition to moving the school, Dixon fixed all the environmental issues raised by inspectors.

California Kids Care is now on Roscoe Boulevard in North Hills and a church is now the closest neighbor. With a confidentiality agreement between the school and Dixon, Karen Weil Morrison couldn't talk much about the move, but she did praise the outcome.

``I'm very content and happy with the situation.''

Dixon attorney Laura Carroll said Dixon cooperated with the City Attorney's Office and settled the case in order to be a good corporate citizen.

``I think our settlement in this matter was the result of creative, good faith efforts by all the parties, and represents a model result.''

Kerry Cavanaugh, (818) 713-3746

kerry.cavanaugh(at)dailynews.com
COPYRIGHT 2005 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Nov 20, 2005
Words:533
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