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Contra Costa Health Department seeks legal action against Martinez Refinery

Against Costa
Photo: Facebook Martinez Refining Company

This Wednesday, Contra Costa Health ?CCH? formally requested that the District Attorney consider taking legal action against Martinez Refining Company ?MRC? for failing to notify the county after the refinery released more than 20 tons of metal-laden dust into the community this past Thanksgiving holiday.

The accidental release of "spent catalyst" from the refinery began around 9:30 p.m. on November 24? Thanksgiving Day? and continued until the early hours of November 25, showering the surrounding community with the dust-like substance. 

Samples of the dust taken later showed that it had elevated levels of aluminum and other metals, which could have caused respiratory symptoms in people who inhaled it. However, prolonged exposure to these metals can lead to health problems.

In that sense, CCH recalled that the refinery did not report the release through the county's Community Alert System or directly through the Contra Costa Health Department, as required by the county's notification policy. 

CCH reported in a statement that it found out about what was issued by the Martinez refinery through the media two days after it began, whereas if it had followed the notification policy, the Community Alert System would have been activated to notify the community about the danger at the time of the accident.

“It is unacceptable for the refinery to not notify County Health Services of its chemical release and for the County to find out through the media,” said Contra Costa County Board of Supervisors Chairman John Gioia. 

"By failing to notify the County in a timely manner, the refinery delayed an emergency response that could have reduced damage to the surrounding community," it added.

For his part, Federal Supervisor D. Glover, whose district includes the Martinez refinery, explained that “We depend on our industrial companies following the rules and being good neighbors, and most of the time they are. But when an industrial facility doesn't follow the rules and possibly puts its neighbors in danger, as in this case, then they must be held accountable."

The District Attorney's Office has approximately 30 days to decide whether to accept CCH's foreclosure case referral.

In a separate but related move, Contra Costa health authorities are also recommending that an independent investigation and risk assessment of the accidental release of spent catalyst from the refinery be conducted. 

The Ad Hoc Committee of the Industrial Safety Ordinance ?ISO? of Contra Costa, appointed by the County Board of Supervisors, will consider that recommendation at its meeting on January 12 at 1:00 p.m., which is open to the public.

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Pamela Cruz
Pamela Cruz
Editor-in-Chief of Peninsula 360 Press. A communicologist by profession, but a journalist and writer by conviction, with more than 10 years of media experience. Specialized in medical and scientific journalism at Harvard and winner of the International Visitors Leadership Program scholarship from the U.S. government.

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