Boy's family responsible for hazmat cleanup costs

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Monday, March 31, 2008

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By MARSHA DORGAN
Napa Valley Register

The parents of a boy who police say caused a hazardous material clean up call for police and fire will be held responsible for the costs.

The incident happened Sunday around 6 p.m. at a construction site in the 200 block of Valley Oak Drive in Napa.

The boy, along with several other juveniles “thought it would be fun to throw plastic jugs containing a green liquid into the air and watch them explode when they landed on the ground,” said Napa Police Sgt. Debbie Peecook.

After 15 explosions, however, the prank wasn’t so funny when the children saw the liquid was foaming and heading for the storm drain, Peecook said.

Five one-gallon bottles contained a chemical called lithochrome chemstain and the other 10 bottles contained brick form acid stain, said Napa Fire Capt. Ron Vick. The chemicals are used to stain concrete. Vick said they could be toxic if ingested.

He said very little of the chemicals made it into the storm drain that eventually flows into the Napa River.

“What little did go into the storm drain was contained there. None of it made it to the river,” Vick said.

The site was turned over to the property owner who made arrangements for a private hazmat company to clean up the spill on Monday.

Peecook said formal actions will be taken against the juveniles responsible. “But no arrests will be made, and no one will go to juvenile hall,” she said.

33 comment(s)

starling wrote on Mar 31, 2008 1:02 PM:

" Personally I think the kids do need to go to juvenile hall for a few days, to scare the heck out of them atleast. These kids knew what they were doing, hence the panic when the liquid started to go into the drain, etc., and they were vandalizing someone else's property. If more kids were made to take responsibility for their actions at an earlier age, maybe they wouldn't end up in our jails and prisons as adults. "

sam wrote on Mar 31, 2008 1:24 PM:

" This is the first time in a long time that I have heard of a parent actually being held responsible for the childs actions. Thank you to whomever is actually going to make these parents pay. Its time to hold parents accountable for their childrens actions "

Dirty Napkin wrote on Mar 31, 2008 1:38 PM:

" Good, make them pay! Children should know right from wrong. I dunno about kids these days. "

truthteller wrote on Mar 31, 2008 1:43 PM:

" Kids are kids. They do stupid things from time to time. However, aren't hazardous chemicals supposed to be locked in a cabinet marked as hazardous? That's the way we do it at my place of employment. It sounds like the manager of the site shares some of the responsibilty here. If the kids were injured I'm sure the parents would be suing for liable. "

AThought wrote on Mar 31, 2008 2:34 PM:

" I agree- there should be some form of harsher punishment. They need to learn from their actions. I know kids can be kids and make accidents but they need to learn from these accidents. Some accidents fortunately do not result in deaths or injury, but some, unfortunatley do and everyone, including children, need to realize this. "

MP wrote on Mar 31, 2008 2:39 PM:

" Might be a good time for everyone to remember a few of their own youthful pranks that could have been disastrous even though you knew right from wrong. Before all is said and done, these kids are going to understand that what they did was reckless and potentially harmful. Kids do foolish things... "

yamamama wrote on Mar 31, 2008 4:38 PM:

" I am glad to see responsible parents doing what's right. Like Truthteller, I also wonder why hazardous materials were left on the worksite where they were available to the kids. Were the jugs marked as hazardous -- did they have a poison symbol on the containers? Personally, I think the property owner or site manager might need to share in the responsibility for this. "

kbf wrote on Mar 31, 2008 5:31 PM:

" Parents should pay, Im glad to see that and maybe some dsort of community service for the kids. How about citing the owner for now having toxic substances locked up, just a thought. "

Baraki wrote on Mar 31, 2008 5:57 PM:

" I think NPD made the right choice. They're holding the parents responsible for the actions of their young children -- a reminder to the parents that they need to be more responsible about what their kids do. Juvenile Hall? I'd hate for the kids to get used to going to a detention facility for little "stupid" things (it's not like they attacked someone with a weapon) -- it can really set them up for accepting harsh punishments later on. They won't see jail time as such a big deal as adults... just a thought. "

funnyme wrote on Mar 31, 2008 6:04 PM:

" I don't read anywhere in the story where it says that the chemicals were just left there for anybody to come and check them out...Trespassing perhaps?
Just because it is a "construction site" and doors and windows are not entirely in place doesn't mean it's "open to the public", or does it?
I absolutely agree with starling, send them to juvenile hall for a few days... "

kevin wrote on Apr 1, 2008 8:08 AM:

" Contractors are responsible for jobsite security. Environmental regulations require hazardous materials to be stored in a secure manner in their original, labeled containers. I'm not trying to excuse the kids actions, but there is such a thing as an "attractive nuisance" defense. (I have learned this the hard way...) "

GetReal! wrote on Apr 1, 2008 8:28 AM:

" The "authorities" no longer allow (as in criminally) parents the right to punish their own children. Therefore, I don't know how the "authorities" can hold the parents responsible for the conduct of their children. When I (not only me but most of my friends as well) was a young child I was spanked for misbehavior and disrespect. By the time I was a teenager, it wouldn't have even crossed my mind to behave the way that our youth do today. Spare the rod and spoil the child--and thrash our culture and society. I think it is time we spank the "authorities" and the so-called professional, book authoring, liberal counsellors or psychologists. I don't know which is worse; being a child or parent in this day and age. "

valeybuterfly wrote on Apr 1, 2008 9:56 AM:

" You know what I love about this article?.... it is a CRYSTAL CLEAR example at how our city ignores the need for activities for our youth! We take away the little tiny "night clubs" becuase the police can't handle the "rowdy crowds", years ago they take away the skating rink, they cut out one bowling business, there is no arcade, scandia, youth entertainment whatsoever! Our youth find excitement breaking into a CONSTRUCTION site and trowing chemical bottles to watch tem explode. PATHETIC! Napa is NOT a family town, its a TOURIST atraction geared toward the business of encouraging drinking and driving. Where is the Dave and Busters? Where is the in-door water recreation center? Where is the Arcade? Where is the dance/night club? What about a Scandia type business out by the steel mill? What am I thinking....? We find it more productive to hand our kids over to bordom, breaking into Shakfords, Construction sites, vandelizing parks, minors drinking, gangs drugs. GET A CLUE NAPA! "

psychochik wrote on Apr 1, 2008 10:40 AM:

" I can speak from personal experience that the city of Napa and NPD will hold parents accountable and make them pay for damages done. I had a summer in my youth when I was a little bit destructive of property that was not mine, got caught and my parents had to pay.

Trust me, I paid my parents back through loads of work around the house and being grounded the remainder of that summer.

I also got to see what juvenile hall was all about. A visit and a chat with a couple of the counselors there was all I needed to keep me from doing that again.

They're kids and hopefully their parents will make them pay back through yard work and being grounded so that they may never do that again. "

mike wrote on Apr 1, 2008 11:08 AM:

" I agree that the parents should pay.
All of the children involved should be given community service and made
to realize that their actions were not accecptable. As for the contractor If any toxic chemical laws were violated the contractor should be cited in acccordance to what if any the violation was. His violation does not medigate what the children did to his property. "

GetReal! wrote on Apr 1, 2008 11:09 AM:

" Entertainment does not build character. Our youth are being reared by television, working parents and teachers that are expected to make up for the dysfunction at home. Imo, what we need is to cut the cable, cut the internet, turn off the cell phone and one parent be a stay at home and raise the children parent. Take back our parks (perhaps a permit to carry by the stay at home parent would be necessary, initially), for useful and simple enjoyment. To hell with keeping up with the Jones, except if the Jones are content with walking/riding bikes for most of their travel and live in the small but clean home in the less expensive neighborhood. Our culture should turn away from this violence/sexual/immoral/vulgarity glamorization. My hope for a better America! or at least Napa "

pat wrote on Apr 1, 2008 11:11 AM:

" Valleybfly, I am confused as to who you are blaming for the lack of arcades, skating rinks and water parks. It appears to me that you blame the city for making Napa a “tourist town” and not a “family town”. The reason there are more tasting rooms than bowling alleys is simple: The people that live in Napa, you and me included, do not support these types of businesses. I am quite confident that there are not a bunch of kid friendly business owners that are being kept out of Napa to allow for more tasting rooms. Successful business owners research their target market before they invest money into a new venture, and they clearly do not see Napa as a viable market to invest in the kinds of kid friendly businesses you mention. It is not the business owners fault; it is not the City of Napa’s fault. If you or others are so confident that theses types of business would make money, I suggest you look into starting one. In the mean time, I will continue to involve my kids in the many kid friendly activities that do exist in Napa, including multiple sports, scouts, cooking classes, music, bmx track, and going to our parks and movie theater. "

valeybuterfly wrote on Apr 1, 2008 12:26 PM:

" BRAVO! To Pat and GETREAL!

There are many different angles to this subject. Blame the Media, the lack of character, moral, or parent involvement, etc. I sincerly agree with ALL of the statments you have said. I am in my late 20's, I grew up in Napa, and I very clearly remember the lack of things to do here that led to bordom and sometimes getting into things we shouldn't have. Granted we never vandelized or got "in trouble with the law." I was also involved in sports, church, and other "wholesome" activities. But I do also still recall the lack of things to do. Growing up in Napa... you either have choices like... Cinedome, one old bowling ally, skate park till sunset, or.....? I mean no offense to anyone. "

Dwayne wrote on Apr 1, 2008 12:54 PM:

" psychochik: That's a great story about your youth, and I figured why you selected "psychochik" as your user name. "

GetReal! wrote on Apr 1, 2008 1:18 PM:

" Come on over here, ValleyButterfly, and I'll put you to work! Seriously, there has never been a period in this nations history with more (amusement, etc.) to do then there is right now. Yet there has never been more depression and other mental health issues, suicide, lack of compassion and mischievousness. Go mow your neighbors lawn, or wash her car, or pick some grapes. There are many things that could be done to keep these idle hands of the youth out of trouble. And even further, would put a smile on someone else's face. Who gave this generation the idea that they were entitled to nothing but entertainment? Who told them that their helping hands are of little to no use? When I was in high school I earn credit in what was called work experience, because I had a job. That's right! Many of us actually worked while we were in school. I wonder if that is even done anymore. After all we wouldn't want any of our little darlings to get hurt. "

db76 wrote on Apr 1, 2008 4:25 PM:

" A few days ago I saw my neighbor and her teenage son dumping cans of paint into the storm drain. Parents don't necessarily set a good example or follow the law. "

GetReal! wrote on Apr 1, 2008 6:01 PM:

" Who said they did db76? We are all victims/participants of the culture we have created. A culture of finger pointing, not taking responsibility, and looking out for number one. There may not be 100 percent in that category. My observations say that the percentages have been steadily increasing, for as long as I can remember. We used to say one rotten apple spoils the bunch. Well for the most part, the bunch done spoil! "

Suze wrote on Apr 1, 2008 8:55 PM:

" Dumping paint into the storm drains?!! I hope you reported them, talk about lazy and selfish! That makes me fume. These kids playing with chemicals should be made to do some really hard, tedious community service. From my own experience, you can direct and admonish your kids, but they don't always listen and respond, so I feel a bit sympathetic towards the parents being punished. Any hazardous material should be under lock and key as we all know. (Just in case kids get hold of it.) "

yamamama wrote on Apr 2, 2008 8:42 AM:

" I really do think the property owner or contractor must share in the responsibility for the contamination. The EPA posted guidelines for property owners when choosing a contractor for a job. This addresses preventing a third-party from creating a problem and proper storage and labelling. It states:

'Compliance with environmental regulations helps protect you from liability and financial hardship. Your contracts with subcontractors should require their compliance as well. All subcontractors should be required to:

1. Comply with all government requirements.

2. Protect the construction site and monitor activities to prevent a third-party from creating a hazardous incident or causing environmental contamination.

3. Identify hazardous materials used or stored at the project site and ensure proper labeling, storage, handling, and disposal.'
"

jeepracer10 wrote on Apr 3, 2008 12:47 AM:

" The builders should be partially at fault. These hazardous materials need to be kept under lock and key. Kids are young and stupid and therefore do dumb things. I agree with Valleybuterfly, Napa is and adult amusement park. Kids are an after thought to wine, hotels, spas, fancy restaurants, and art expos. "

yamamama wrote on Apr 3, 2008 12:06 PM:

" NVR - How about some follow-up to this story. Will this case be referred to Cal/OSHA? It seems that if the clean-up costs are to be borne by the families, the property owner and/or contractor at least have some fines to pay. They should also possibly be paying at least part of the clean-up costs.

Why doesn't reporter Marsha Dorgan follow up on this story? Contact Cal/OSHA and a local knowledgable attorney and get their input. A little investigatiig, please!

"

napalocal wrote on Apr 5, 2008 10:59 AM:

" the kids should pay... people keep saing that the ower or contractor should pay, but I disaree. These kids trespassed to get to where the chemicals were and then decided to vandalize others propety. I am sure that some kids could trespass on my property and find some sort of haz. waste to contaminate the sewer with that I do not have locked up... that would be if my dog didn't attack them first. Lets really put the blame where it belongs, with the obnoxious kids... "

caseychemical wrote on Apr 5, 2008 8:24 PM:

" i know who the boy was and this is the total wrong story. The Kid that did this is very close to me and it was an honest mistake. he didnt mean to damage anything and he has to pay so much money for a litle mistake.
So I think he should pay a little but not a lot of it.
It IS the constuction workers fault because they left the chemicals out in the open.And I dont appreciate some of you talking bad about him.It's not neccistary "

sms wrote on Apr 6, 2008 9:46 AM:

" Whether it was a mistake or not, whether the chemicals were left out or not, the facts remain, the child was in an area trespassing and he touched items he knew nothing of. The parents are the problem. They have obviously not parented! As a teacher, I see this far too often. Mistake or not, there are always consequences. Deal with it Mom and Dad and pay the bill! "

opiniagirl wrote on Apr 6, 2008 3:28 PM:

" If the parents are smart, they'll make this kid work it off! I love that the parents are being held responsible. If this were my kid - I would accept FULL MORAL AND FINANCIAL responsibility for my kids actions and he would be hating life; wishing he'd been taken to Juvenile Hall. I don't think they make them work manual labor as punishment at Juvenile Hall anymore, too bad =) ! "

caseychemical wrote on Apr 6, 2008 4:48 PM:

" Yes.But it costs a huge amount of money.and there was no sign for No tresspassing. "

napalocal wrote on Apr 6, 2008 9:50 PM:

" caseychemical... are you for real? Since when is it ok to just walk onto others private propety? There doesn't need to be a no trespassing sign. And then once walking onto othe propety the child decides to destroy private propety by thowing jugs of something into the air just to watch them break on the ground. I will give you the benefit of the doubt that this might be a good kid that just made a bad decision... kids do stupid things, but they have to learn to be responsible for their actions! Sorry if it costs a lot to clean up, but that can be chalked up as a lesson learned. Who else should pay for it? no one else did anything wrong... I have weed killers and paints that would cost a lot to clean up if put down the storm drain, and I don't keep them under lock and key, I just dont expect anyone uninvited to be on my property. You attitude facilitates bad behavior in our youth, just say you are young and stupid and let othes pick up the bill... uncomprehensible! "

barefoot wrote on Apr 13, 2008 8:54 PM:

" Well, I know it sounds ubsurd, but if someone trespassed onto my property and did something wrong, I would feel partially responsible. All that evil needs is an opportunity. If I provide that opportunity..........................? "

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