FROM:
Jeffrey F. Rosen, District Attorney   CONTACT PERSON:
Nahal Iravani-Sani, Deputy District Attorney
Environmental Protection Unit
(408) 792-2780   For release on July 21, 2011     AT&T FINED $40,490 FOR DIESEL SPILL INTO THE GUADALUPE RIVER   Pacific Bell Telephone Company, d/b/a AT&T has admitted violating environmental laws when equipment failure at its San Jose facility last October resulted in the discharge of approximately 1,300 gallons of diesel fuel into the Guadalupe River.   On October 2, 2010, an automatic float valve which fed diesel from the holding tanks on the ground floor to the day tank near the top of AT&T’s San Jose facility on South Almaden Boulevard failed. That mechanical failure caused the diesel to flow off the roof, down the building’s rain water drainage system, onto the street, and into a storm drain--at which point the fuel flowed into the Guadalupe River. Various police and fire departments along with California’s Department of Fish and Game responded to inspect and monitor the spill response by environmental contractors retained by AT&T. The response included placing absorbent booms across the river in an attempt to prevent the diesel from flowing down the stream, subsequently removing contaminated materials, and follow-up environmental monitoring.   As part of the civil judgment in this case, AT&T admits to violating California Health & Safety Code §25189(c) – Disposal of Hazardous Waste at Unauthorized Points – and California Fish & Game Code §5650(a)(1) – Water Pollution. Pursuant to the judgment, AT&T is ordered to reimburse the responding agencies for their response costs in the amount of $30,490, and pay an additional $10,000 in civil penalties.   The case was jointly investigated by the San Jose Police Department, the San Jose Fire Department Bureau of Field Operations, the San Jose Fire Department Bureau of Fire Prevention, the Santa Clara County Fire Department, and the California Department of Fish & Game. The case was prosecuted by the Environmental Protection Unit of the Santa Clara County District Attorney’s Office.   ### ​

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