FOR IMMEDIATE RELEASE
May 11, 2006
Contact:
Bilen Mesfin, DA Harris’ Office, 553-1226
Debbie Mesloh, DA Harris’ Office, 553-1596
Felony Charges Filed Against Pacific Cement, Two Owners for Environmental Crimes and Deliveries of Adulterated Concrete
SAN FRANCISCO, CA – The San Francisco District Attorney’s Office announced today that criminal charges have been filed against Pacific Sand & Gravel, Inc. (dba Pacific Cement), Ramirez Developers, Inc. (dba Pacific Cement), Ricardo D. Ramirez (65), Reynaldo W. Nunez (55) and Mark E. Brieno (45) for numerous environmental crimes (all defendants), and grand theft and fraud (all defendants except Brieno).
According to filed court documents, the District Attorney began an environmental investigation of Pacific Cement and its owners in July 2005 based on reports and referrals from several environmental agencies. The agencies reported that Pacific Cement and its owners, suppliers to construction projects, were in chronic violation of environmental requirements relating to water quality, air, hazardous waste, hazardous materials management, employee training and waste management. At the time, Pacific Cement operated a concrete production facility at Pier 80 in San Francisco (at the southwest corner of Twenty-fifth and Maryland Streets in the Bayview).
Pacific Cement is owned by defendants Ramirez and Nunez; Brieno served as the plant manager. During a search warrant led by the District Attorney’s office on July 19, 2005, the search team collected samples and documented numerous environmental violations, as charged in the felony complaint.
“This case demonstrates our commitment to environmental justice. We’re going to continue to focus on neighborhoods, such as the Bayview, negatively impacted by industry and pollution,” said District Attorney Kamala D. Harris.
Filed court documents state that following the execution of the search warrant, the District Attorney received reports alleging that Pacific Cement was using crushed, recycled concrete aggregate instead of fresh aggregate (quarried, clean rock and sand) in its concrete mixes for several construction projects in San Francisco. The investigation confirmed that the substitution of recycled concrete aggregate for fresh aggregate in concrete was not permitted in the project specifications for the projects at issue. The inclusion of recycled concrete aggregate in concrete may cause issues such as increased maintenance, low strength, “microcracking,” and uneven consistency and appearance.
The complaint charges that Pacific Cement and its owners delivered and sold adulterated concrete to the Golden Gate Bridge (Retrofit Project) and the City of Burlingame Wastewater Treatment Facility. Additional projects are the subject of an ongoing investigation.
“We must ensure that our public projects receive quality materials and are not victims of fraud. We will continue to work with all these public agencies to protect the environment and to protect public safety. We thank these agencies for their cooperation and assistance,” said District Attorney Harris.
Ramirez and Nunez were arraigned this morning and both pleaded not guilty. They are currently being held on $100,000 bail. Brieno’s arraignment has not been scheduled; his arrest warrant is outstanding due to medical issues.
The arraignment for the corporations will take place on Monday, May 15, 9:00 a.m. in Dept. 22.
The prosecution is the result of an investigation led by DA Environmental Investigator Jane Yim. The case is being prosecuted by the District Attorney’s Environmental Justice Unit.
For assistance with the investigation of the theft and fraud charges, the District Attorney thanks the Golden Gate Bridge, Highway and Transportation District and the City of Burlingame. Numerous environmental and regulatory agencies assisted in the environmental investigation, including the California Department of Toxic Substances Control, the San Francisco Department of Public Health, the Port of San Francisco, the California Department of Fish & Game, the Regional Water Quality Control Board (San Francisco Bay Region), the Bay Area Air Quality Management District and the U.S. Environmental Protection Agency.
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