Watts metal scrap yard to shut down after felony hazardous waste charges

S&W Atlas Iron and Metal Co., adjacent to Jordan High School in Watts, has agreed to close its doors as part of a plea deal with the Los Angeles County District Attorney’s Office. The company has pleaded no contest to five felony counts of disposal of hazardous waste without a permit. Courtesy photo

 

WATTS — A metal salvage and recycling yard adjacent to Jordan High School pleaded no contest May 20 to five felony counts of disposal of hazardous waste without a permit, while the company’s owners each pleaded no contest to three misdemeanor charges in a deal authorities say will permanently close the site for use as a recycling facility.

S&W Atlas Iron and Metal Co. Inc. will be ordered to pay $1 million in restitution to the Los Angeles Unified School District for its losses and $850,000 to the Los Angeles County District Attorney’s Office, which will be distributed for costs incurred by that office, the state Department of Toxic Substances Control, Los Angeles County Fire Health Hazmat and other agencies or organizations that monitor or mitigate pollution or its health impacts or otherwise improve the quality of life in Watts, according to the plea agreement.

The company must also pay a $25,000 fine as well as penalty assessments and be on probation for two years.

The charges involved the disposal of lead, nickel, zinc, selenium and antimony in August 2022.

The company’s owners, Gary Weisenberg, 78, of Encino, and Matthew Weisenberg, 37, of Los Angeles, each pleaded no contest to two misdemeanor counts of disposal of hazardous waste at a site having no permit — one involving lead and the other involving zinc in May 2022 — and one misdemeanor count of willfully and unlawfully maintaining a public nuisance.

The two are expected to be ordered to serve two years probation, perform 200 hours of community service and to each pay a $10,500 fine and penalty assessments.

Sentencing is set Oct. 21 before Los Angeles County Superior Court Judge Terry Bork, who said he felt there were “laudable things in this agreement.”

Los Angeles County District Attorney Nathan Hochman — who was in the downtown Los Angeles courtroom for the early stages of the hearing — told reporters afterward that it is “one of the most significant environmental criminal prosecutions in the last number of years here in Los Angeles County.”

The criminal case was initially filed in 2023 under then-District Attorney George Gascón, with a grand jury indictment being handed up last year shortly after an Aug. 12 explosion occurred at the property as students arrived at the nearby school for their first day of classes. No one was injured in the fiery blast, according to the District Attorney’s Office.

Soil samples taken from an area at the high school adjacent to the Atlas facility “showed excessive concentrations of lead and zinc,” according to the D.A.’s Office, which alleged that samples taken at Atlas found excessive concentrations of seven metals.

Prosecutors also contended that metal debris believed to have originated from the Atlas facility was found on the school grounds — with Hochman holding up some of the debris as he spoke during a news conference.

“This outcome shuts down a dangerous facility that has threatened this community for more than 75 years,” Hochman said. “Today, Watts is safer and the children and educators at Jordan High School can now breathe easier — literally and figuratively.

“We will relentlessly pursue any business that poisons our neighborhoods. Let this be a warning — if you break the law and put public health at risk, we will hold you accountable.”

“The closure of Atlas Iron and Metal Corp. marks an important step toward justice for the Watts community, which continues to endure negative impacts from the company’s environmental violations,” said Katherine M. Butler, director of the California Department of Toxic Substances Control. “DTSC played a key role in holding this company accountable and remains committed to ensuring the site is cleaned and that the community of Watts is protected.”

Attorney Benjamin Gluck, representing the company and Matthew Weisenberg, told the judge, “Our clients are eager to put this behind them.”

In a statement released on behalf of the company, Gluck said, “Founded in 1949 by the Weisenberg family, Atlas has been a cornerstone of the Watts business community for 75 years. While it is with great sadness that Atlas has agreed to close its doors, this decision reflects the evolving land use along the Alameda Corridor.

“Our clients hope that the outcome of this case and the financial contributions Atlas has committed to will help support and uplift the Watts community.”

Los Angeles Unified School District Superintendent Alberto Carvalho told reporters the district has been “fighting this” for years, saying that the case expedited “at an exponential level” after Hochman was elected and took office and that the solution came within months.

The school district superintendent cited “noxious fumes, noise pollution and projectiles (that) have flown over the containers onto Jordan High School, presenting imminent danger to our children and our workforce.”

“On the very first day of this school year, an explosion … rattled this school, sending students and staff for cover,” Carvalho said. “No community of students or parents, no residential community should be under that level of threat and fear. So today, beyond the immediate closure of Atlas … we are celebrating a huge, consequential win on behalf of environmental justice for our children, our workforce, our school and the entire community of Watts.”

“This company prioritized profits over the community’s well-being for far too long, and this shutdown presents a welcome reprieve,” Carvalho added. “Let this decision send a crystal-clear message: The safety of our schools and communities is not negotiable, and no company is above the law.

The criminal case marked the latest legal entanglement for the company, which was sued in 2020 by the LAUSD. The federal lawsuit alleges hazardous substances, waste and fumes from the salvage yard were endangering students and faculty at Jordan High. The suit even contended that a pair of explosions in 2002 sent metal shrapnel raining onto the campus.

 

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Watts recycling facility agrees to close as part of plea deal

 

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