Santa Clara Waste Water Co. CEO pleads no contest to misdemeanor charges

Santa Clara Waste Water Co. CEO William Mitzel pleaded no contest to misdemeanor charges related to cases stemming from the 2014 explosion at the plant's facility near Santa Paula that injured firefighters and employees. 

William Mitzel, 60, appeared before Ventura County Superior Court Judge Patricia Murphy on Tuesday and pleaded no contest to failure to update a business plan within 30 days and failure to update a hazardous materials inventory and interference with enforcement. 

The Somis man also pleaded no contest to violating labor safety standards by failing to provide personal protective devices to Santa Clara Waste Water employees.

After Mitzel pleaded no contest to the misdemeanor charges on Tuesday, Murphy immediately sentenced Mitzel to three years of summary probation and to pay $350,000 for victims' restitution. Under the informal probation, Mitzel does not have to check in with a probation officer or the Ventura County Probation Agency, Senior Deputy District Attorney Dominic Kardum said.

"The funds will be distributed to the most severely injured victims as soon as possible and other victims," Kardum said. "Our main goal is to take care of our victims ... and we are pleased he accepted responsibility for the crimes that took place at Santa Clara Waste Water in regard to the explosion and the Petromax case. The $350,000 Mitzel paid today is only a portion of the total we are seeking on behalf of the victims."

A grand jury indicted Mitzel and eight other defendants, including Santa Clara Waste Water and its parent company, Green Compass, after a Nov. 18, 2014, explosion at the company's facility at 815 Mission Rock Road near Santa Paula.

Mitzel and his co-defendants faced multiple felony and misdemeanor charges, including conspiracy to commit the crime of disposing of hazardous waste, handling hazardous waste with a reckless disregard for human life and causing great bodily injury or death by emitting an air contaminant and other charges.

The blast injured three Santa Paula firefighters, other first responders and employees who were either hurt by the explosion or inhaled toxic vapors that developed in the blast area, prosecutors said.

Mitzel and Marlene Faltemier, an assistant general manager, were also charged in a second case involving the chemical Petromax, which investigators said they found at the Mission Rock facility while executing a search warrant on November 2015.

According to prosecutors, 5,500 gallons of Petromax, or sodium hydroxide, was being stored at the facility and had not been reported to the California Environmental Reporting System, which is required by law.

Prosecutors said as the company's CEO, Mitzel "was the responsible corporate officer during the timeframe that the Petromax was present on site and failed to establish adequate procedures to ensure these chemicals were disclosed to regulators."

On Tuesday, Murphy also ordered Mitzel not to personally engage in any certifications to public agencies concerning monitoring worker safety involving chemical exposures in the workplace, uniform hazardous waste manifests and hazardous materials response plans, Kardum said.

As part of his plea agreement, Mitzel also cannot participate in the collection of samples for the purpose of demonstrating compliance with local, state and federal permits and environmental laws. He handed over a $350,000 cashier's check to prosecutors after he was sentenced on Tuesday.

His lawyer Barry Groveman issued this statement: "We have asserted from the very beginning of this case that the explosion was an unfortunate industrial accident. Today’s resolution for Mr. Mitzel completely supports our position and ends the matter for Mr. Mitzel allowing him to move forward.”

Mitzel is the second defendant who has pleaded no contest in connection to the 2014 blast.

Former Santa Clara Waste Water board Chairman Douglas Edwards pleaded no contest to three misdemeanor counts, including improperly storing incompatible chemicals, failing to provide personal protective devices to employees and failing to update a hazardous materials inventory.

Edwards, of Oxnard, was sentenced on April 14 to three years summary probation and paid $350,000 in restitution that same day.

Five others — Dean Poe, Santa Clara Waste Water Co. vice president of oil and gas sales; supervisor Kenneth Griffin Jr.; David Wirsing, transportation manager; and managers Mark Avila and Brock "Gus" Baker — have pleaded guilty and are awaiting their sentencing. 

Faltemier, Charles Mundy, Santa Clara's vice president of operations, and the two companies are still waiting to be arraigned on the charges. The remaining co-defendants are scheduled to return to court Friday for a status hearing. 

Senior Deputy District Attorney Lisa Lyytikainen said some of the victims of the 2014 blast, including emergency responders and Santa Clara employees, have not returned to work.