Clean Air Coalition (CAC) Demands
Sent to Pacific Steel Casting in Berkeley
Immediately Abate Intolerable Nuisance - CAC 30jan2006
[CAC Press Release below]
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Mission
Statement |
January 30th 2006 |
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4100-10
Redwood Road, PMB 293 |
c/o Neighborhood Solutions, Inc.
4100-10 Redwood Road, #293
Oakland, CA 94619
January 30th 2006
Mr. Robert J. Delsol
President / CEO, Agent for Service of Process
Pacific Steel Casting
1333 Second Street
Berkeley, CA 94710
Demand Letter Re: Pacific Steel Casting Manufacturing Plants’ Nuisance
Emissions
Dear Mr. Robert J. Delsol,
This is a demand letter from the CleanAirCoalition.net, an organization composed
of people living in the path of the emission plumes that emanate from your
company, Pacific Steel Casting’s (PSC), manufacturing plants located in
Berkeley, California. See map attached.
Despite 25 years of verified complaints from residents, fines from BAAQMD and
efforts by the City of Berkeley, your company, PSC, continues to release
noxious, toxic odors into the air on a frequent basis. These highly offensive
odors, released at various times by PSC, irritate our throats, cause headaches,
make us nauseous and interfere with our right to enjoy our lives and property.
As a result of these overpowering vapors we are often unable to be outside, open
our windows, enjoy gardening, have company in our yards or even allow our
children to play outside. We can never anticipate when our day will be spoiled
by your company’s discharges, only that it will be borne on the wind and we
will be subjected to it or spared from it depending on which way the wind is
blowing. Some of us have health issues that are exacerbated by these fumes and
all of us worry about the long-term effects of breathing these dangerous
chemicals.
You are well aware of these problems having been notified, fined, cited, ordered
to abate, attended hearings, been noticed of violations, and entered into
agreements to fix these problems. The public and private documentation of these
nuisances is overwhelming yet the attempts to seriously mitigate these problems
are few and wholly insufficient. The ongoing constant release of toxic noxious
agents into the air we breathe on a daily basis by your company is intolerable
and unacceptable to us; we have been more than patient in waiting for you to
correct this ongoing nuisance.
Owners whose maintenance of their property constitutes a nuisance may be liable
for damages caused by the nuisance. Lew v. Super.Ct. (Byrd) (1993) 20
CA4th 866, 872-873. "No person shall discharge, from any source, air
contaminants that cause injury, detriment, nuisance or annoyance to the
public." CA Health and Safety Code Sec. 4700. A nuisance is defined as a
"use of property that is injurious to health or an obstruction to the free
use of property." Cal. Civ. Code Section 3479-80; Shamsian v. Atlantic
Richfield Co. (2003) 107 CA4th 967, 969. The constant releasing of noxious
toxins from your property causes a public nuisance as defined under California
Civil Code 3479 and interferes with our right to the comfortable enjoyment of
our lives and property.
This letter is to inform you that we intend to defend our rights in court and
hold you responsible for causing a public nuisance. Specifically, we plan to sue
you for causing a nuisance — an action under which you may face significant
financial consequences. Each individual will file suit for the maximum
allowable amount under the law —$7,500.00 for each affected man,
woman and minor child. Damages include injuries to property and to individuals.
While we are prepared to pursue judgments against you for the damages we have
suffered over the years as a result of this mismanagement of your property, our
primary concern is to remedy the deplorable situation caused by your sustained
neglect.
We hereby demand that you take whatever steps are necessary to abate this
nuisance. We demand a complete and permanent correction of this ongoing problem
within 30 days of the date on this letter. If you comply with this demand you
may avoid the serious consequences of this multi-action lawsuit. However, if
this nuisance continues after 30 days we will immediately file our multiple
action small claims case against you for the above-mentioned damages.
NOTICE: After receipt of this letter, all communication regarding this
matter must be in writing and submitted to our liaison, Grace Neufeld at
Neighborhood Solutions, Inc.
Sincerely,
CleanAirCoalition.net
c/o Neighborhood Solutions Inc.
4100-10 Redwood Road, #293
Oakland, CA 94619
CC: (Partial list) Council Member Linda Maio; Michael Caplan, Assist. City Manager; Mayor of Berkeley Tom Bates; Assemblywoman Loni Hancock; Senator Don Perata; Chief of Police Douglas Hambleton; City Manager Philip Kamlarz, City Attorney Manuela Alberquerque; Laura McKinney; Supervisor Keith Carson; Supervisor John Giola; Nabil Al-Hadithy, Community Environmental Advisory Commission; Willi Paul, CleanAirCoalition.net; LA Wood, BerkeleyCitizen.com; Beck Cowles, West Berkeley Alliance for Clean Air and Safe Jobs; Martin Bourque, Executive Director, Ecology Center; Mayor of Albany, Allan Maris; Albany City Attorney, Mayor of El Cerrito, Janet Abelson; El Cerrito City Attorney, Janet Coleson
Partial Toxic Plume Impact Zone from PSC Emissions
For Immediate Release Berkeley, CA February 1, 2006
Contact:
Wili Paul, Founder and Project Director
http://cleanaircoalition.net
cleanaircoalition@hotmail.com
510.526.0220 Berkeley
It’s time to clean up PSC in Berkeley! REALLY!
CleanAirCoalition.net is a new mass small claims law suit action for the
communities of Berkeley, Albany and El Cerrito. Our work puts legal muscle in
support of many of the demands that the West Berkeley Alliance for Clean Air and
Safe Jobs delivered to BAAQMD at their community meeting on 1/31/06. The
community has suffered for decades and now requires a ""clean up
strategy with teeth" " to bring PSC into compliance: http://www.cleanaircoalition.net.
There are a growing number of individuals who feel it is necessary to turn up
the heat on PSC. Specifically, , we intend to file multiple lawsuits through
Small Claims to force PSC to give us a better solution than the
"Settlement" BAAQMD has arranged or, failing that, make them pay us
for our damages. We have contacted Neighborhood Solutions for their support and
they are already on board working and consulting with us to help this move
forward quickly.
The Mission:
To form a multi-city coalition of concerned residents.
.. and build a community nuisance action law suit to bring
Pacific Steel Castings Corp. to the table.
.. and clean up PSC's toxic emissions.
We have rights. It's time to get together and clean our air!
Together, as citizens defending our rights to the enjoyment of our lives and property, we intend to make Pacific Steel Casting Corporation STOP polluting our air and PAY us for being subjected to their nasty emissions! PSC is causing a nuisance as defined by California State Law Public Nuisance 3479 and is liable for damages to anyone who has been adversely affected by this nuisance.
Residents may be eligible to file a claim for damages of up to $7,500.00!
Please see the web site, including our Demand Letter to PSC, and cal Mr. Paul anytime with questions.
Thank you.
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