The Brief

Federal authorities have ordered Chiquita Canyon landfill to fix its longstanding odor problem that's been fueled by a fire that's been smoldering deep inside it.

The EPA wants the waste management company to mitigate the affects of the smell — described as a “sour milk rotting,” “sweet rotting fruit” and “rotten egg” — and to either stop or reduce the burning event.

Why's the EPA getting involved now?

Thanne Berg, assistant regional counsel at the EPA, said the agency issued the order now because “the situation at the landfill was deteriorating rather than improving.”

“The amount of leachate it's producing has increased dramatically and the noxious odors have not been alleviated,” she said. “What the order brings is enforceable deadlines and requirements for them to meet, so that keeps them on task and on schedule.”

In response, Steve Cassulo, district manager at Chiquita Canyon Landfill, said operators have been working to address the issue with other regulatory agencies.

"We welcome the opportunity to work with the EPA as a partner with our other regulators. Chiquita takes very seriously its role in the safe operation of the landfill," Cassulo said.  

Cause and history of complaints

Residents from Val Verde, Castaic, Live Oak and Hasley Canyon have submitted more than 6,800 complaints to the South Coast Air Quality Management District about the smell caused by elevated levels of sulfur, specifically dimethyl sulfide and leachate, as a result of the smoldering burn in an old part of the landfill.

In some complaints, residents reported eye irritation, migraines and vertigo. The leachate also contains benzene, which the EPA has designated as a carcinogen. It's known to cause drowsiness and dizziness in the short term and in the long term can result in blood disorders.

Because of high temperatures in that area of the landfill, microbes have not been functioning correctly and are eating and decomposing waste at a faster rate than usual, releasing liquid and gasses, causing the odors.

According to the EPA, the exact cause of what is causing the smoldering burn is unknown.

More trouble for the landfill operators

The California Department of Toxic Substances Control issued a Prop. 65 warning, which is for when businesses expose residents to known carcinogens. In doing so, state regulators say the landfill violated multiple California Hazardous Waste Control laws, including not minimizing the release of benzene in excess amounts into the air, land and water.

Next steps

According to Berg, the landfill operators have 30 days to come up with a master plan to stop or reduce the smoldering and reduce the offsite effects of the reaction. That could include covering the landfill to reduce the noxious odors and treating the leachate for benzene and properly disposing of it.

State and local lawmakers are joining immigrant rights groups in urging Gov. Gavin Newsom to sign a bill that would bar California law enforcement from moonlighting for ICE.

Assemblymember Isaac Bryan, who represents Angelenos from South L.A. to Mar Vista, introduced AB 1537 in January. If implemented, the bill would ban California police, sheriffs and other law enforcement from taking on second jobs that involve “arresting, detaining, transporting, or deporting” people.

The bill has made its way through the state legislature and is now on the governor’s desk. Newsom has until Sept. 30 to sign or veto it.

At a press conference outside L.A. City Hall on Wednesday, José Madera, who directs the Pasadena Job Center, pointed to multiple deaths involving federal immigration agents in recent months — from Minneapolis to Houston — and to a recent shooting in Austin. “We don't need our local police to be part of that violence,” he said.

“ICE is a lawless, rogue agency that is terrorizing our communities, separating our families and kidnapping our neighbors,” said Bruno Huizar, supervising policy manager at the California Immigrant Policy Center. “Governor Newsom must sign AB 1537 into law to protect Californians.”

L.A. City councilmember Hugo Soto-Martínez, whose own parents were undocumented, said it pained him to see immigrant parents go to work and to church in fear of being separated from their children.

“If you’re a public servant, you should be serving the public — not helping ICE tear families apart,” he added in a follow-up email statement.

The bill, dubbed “No side jobs for ICE” by its proponents, would also require officers to report secondary employment offers relating to immigration to their employers.

“If a law enforcement agent gets a conditional offer from an immigration enforcement agency, that will be part of their employment records. And that will be subject to a public records act request,” said Shiu-Ming Cheer, a licensed attorney at the California Immigration Policy Center. “This is aimed at bringing transparency, so that we know how many officers are actually getting offers to work as an ICE agent or a Border Patrol agent.”

The Peace Officers Research Association of California, which represents officers across the state, has spoken out against the bill, arguing that “policies like this don’t improve public safety.” The Los Angeles Police Protective League did not immediately respond to LAist’s request for comment.

The bill is part of a growing effort to bar local law enforcement from engaging in the ongoing mass deportation effort. The L.A. City Council approved a motion in March, barring city employees from holding second jobs with federal immigration enforcement agencies.

In Santa Ana, the City Council recently adopted a policy that prohibits employees from obtaining outside work that involves federal immigration enforcement activities.

Gov. Gavin Newsom has signed a bill aimed at protecting children who are abused.

The law, which went into effect this week, is named “Gabriel’s Law,” after Gabriel Fernandez — an 8-year-old boy in Palmdale who died in 2013 after being tortured and abused by his mother and her boyfriend.

“It devastated the community. Still has,” said State Assemblymember Tom Lackey (R-Palmdale), who worked on legislation related to Gabriel’s case for years. “It hasn't gone away, right? It’s something we still acknowledge.”

Since Fernandez’s death, the Antelope Valley has seen a number of high-profile child deaths at the hands of their parents.

The new law requires social workers to make sure a child gets emergency medical care when needed, and it makes it easier to prosecute social workers who knowingly falsify records.

Officials said there had been warning signs about Fernandez’s abuse, but social workers with the L.A. County Department of Children and Family Services failed to follow up on them. The high-profile case prompted internal reforms in the agency.

What happened to Gabriel

Gabriel died in May 2013, after months of abuse from his mother and her boyfriend. He was found with a number of injuries, including a fractured skull, broken ribs and BB pellets lodged in his body. His mother and her boyfriend were both sentenced.

A teacher had reported signs of abuse to the county, but social workers did not remove him from the home. Then they ended the investigation. Prosecutors charged the social workers with child abuse, but the charges were later dismissed.

“He was literally tortured. And there were many, many, many documented events, and there are many encounters that he had with people that lacked follow-up,” Lackey said.

What does the law change?

Before this week, the law said that social workers may authorize care if a child needs immediate emergency care, but did not require it. Gabriel’s law requires a social worker to secure medical care for a child.

“ They call for an ambulance or escort the child to an emergency room— make sure a physician has the opportunity to provide some level of remedy and documentation of the injury,” Lackey said.

It also clarifies the law so that social workers who are guilty of falsifying or destroying public records can be imprisoned or fined.

Why did the law take so long to change?

Lackey’s previous legislative efforts related to Fernandez’s case failed over the years. He introduced at least five different pieces of legislation that failed to advance.

“I'm not even saying that I blame the pushback and the concern, because if you're too aggressive, there's a tendency to accuse people of wrongdoing when they are not guilty of wrongdoing, so we wanted to make sure that the balance was reasonable,” he said.

Lackey terms out this year. “We're trying to do something as a community to not only pay tribute to [Gabriel], but to prevent it from reoccurring,” he said.

The Los Angeles Fire Department has completed its investigation into the cause of the Lineage warehouse fire in Boyle Heights but was unable to determine what caused it. 

In a press release, LAFD said the June 17 fire was caused by an “electrical event” that occurred on the roof of the building, “adjacent to a section of solar panels.” Despite a “comprehensive investigation,” the department could not determine what caused the electrical event.

“The Department’s thoughts remain with all those impacted by this deeply tragic incident,” Arson and Fire Investigation Chief Thomas Raymond said in a release.

In response to the inconclusive investigation, District 14 Councilmember Ysabel Jurado said, “LAFD’s finding that the cause remains undetermined does nothing to alleviate what Boyle Heights residents have endured and are still carrying: months of health concerns and disruption, along with unanswered questions about whether this site can safely operate again.”

“The fact that we still cannot explain how this catastrophe began is yet another reason I will continue opposing any permits to rebuild this facility,” Jurado said.

Recently, the LA City Council voted to withhold rebuilding permits for the Lineage warehouse until after the Los Angeles Fire Department completed its investigation. Earlier this month, Lineage Chief Executive Officer Greg Lehmkuhl told Boyle Heights Beat and The LA Local that the company had not decided whether to rebuild, saying, “We’re still focused on holding the right people accountable here and making sure that we’re continuing to support the community.”

The CEO’s comments came after Lineage sued solar power provider Altus Power, Inc. and its contractor, blaming them for the fire. Altus Power and its contractor dispute those claims.

In a statement following the completed investigation, Lineage said, “Today’s report from the Los Angeles Fire Department validates what we have known all along: This was a solar fire.”

The fire and subsequent cleanup of millions of pounds of rotting food caused a flood of issues for residents living in Boyle Heights, East LA and surrounding communities, including an infestation of flies and pests, nausea and headaches, higher utility bills and other health concerns. 

This is a developing story and will be updated.

Boyle Heights Beat senior reporter Alejandra Molina and LA Local reporter Christopher Damien contributed to this report.

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