DA Pamela Price Announces Radius Recycling, Inc. Faces Fines of Up to $33 Million Following Historic Indictment for Crimes Related to 2023 Oakland Fire
DA Pamela Price Announces Radius Recycling, Inc. Faces Fines of Up to $33 Million Following Historic Indictment for Crimes Related to 2023 Oakland Fire
Criminal indictment returned against corporation and two managers for causing environmental disaster.
July 23, 2024
OAKLAND, CA— Today, Alameda County District Attorney Pamela Price announces that on June 28, 2024, the Alameda County Criminal Grand Jury issued a ten-count indictment against Radius Recycling, Inc. (formerly Schnitzer Steel), along with company managers Daniel Woltmann and Dane Morales. The charges stem from crimes related to a two-day scrap metal fire that happened on August 9-10, 2023, at the company’s West Oakland metal-shedding facility.
The unsealed indictment alleges that Radius/Schnitzer, Mr. Woltmann, and Mr. Morales committed numerous felony health and safety code violations, including recklessly emitting an air contaminant that caused great bodily injury or death and knowing or reckless treatment, handling, disposal, or storage of hazardous waste in a manner causing an unreasonable risk of fire, explosion, serious injury, or death. Mr. Woltmann and Mr. Morales are also charged with conspiracy to violate California’s Health and Safety Code. Mr. Woltmann is also charged with felony conspiracy to intentionally destroy or conceal evidence, and all defendants are charged with misdemeanor intentional destruction or concealment of evidence, misdemeanor violations of Department of Toxic Substances Control (“DTSC”) and Bay Area Air Quality Monitoring District (“BAAQMD”) regulations, and misdemeanor negligent and reckless release of air contaminants. In total, Radius/Schnitzer is charged with eight offenses, Mr. Morales with nine, and Mr. Woltmann with all ten offenses in the indictment.
As alleged in the indictment, the investigation revealed that in the days leading up to the fire, Radius/Schnitzer continued to accumulate scrap metal containing hazardous wastes despite equipment failures, knowingly storing materials in unsafe conditions.
“This Grand Jury indictment represents the results thus far of my Office’s nearly year-long investigation, which we publicly announced days after the fire in August 2023.”, stated District Attorney Pamela Price. “Under my leadership, the District Attorney’s Office will not let corporate criminals who poison vulnerable communities for profit get off with a slap on the wrist. This was the third major fire at Radius’s West Oakland metal shredding facility in five years. For far too long, polluting industries like Radius have shrugged off regulations when it was convenient to them, treating minor administrative fines and civil penalties as the cost of doing business, resulting in a terrible legacy of environmental racism in Alameda County. Today, we say that ‘business as usual’ is over.. We will investigate and prosecute corporate criminals who hurt the people of Alameda County, no matter how large or well-funded these wrongdoers may be.”
If convicted on all counts and allegations in the indictment, Radius/Schnitzer’s potential criminal fine ranges from $625,000 to over $33 million, while Mr. Woltmann’s potential criminal fine ranges from $625,000 to over $31 million, and Mr. Morales’s maximum possible criminal fine is over $1,000,000. Additionally, each of the felonies with which Mr. Woltmann and Mr. Morales are charged is punishable upon conviction with a maximum sentence of three years in the County Jail.
The investigation is being led by Deputy District Attorney Gabriel Markoff of my reformed Consumer, Environmental Protection, and Special Prosecution Unit, with support from other Deputy district attorneys and District Attorney’s Inspectors. “Our investigation continues,” said District Attorney Pamela Price, “and we again urge any members of the community whose health suffered because of the fire to come forward and tell their stories to my Office’s investigative team at askcjb-da@acgov.org or 510-383-8600.”
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Contact: damedia@acgov.org
The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney Pamela Y. Price. Price brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Alameda County, no matter their race, gender, religion, sexual orientation, income, or zip code. Price has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to interrupt cycles of violence and crime and bring change to a criminal justice system rooted in systemic racism. Follow Madam DA on Instagram, Twitter, and Facebook, and @AlamedaCountyda on Twitter, Instagram, and Facebook.