The YMCA of San Diego County has been fined $17,000 and ordered to abide by numerous probation conditions for a chlorine spill that sickened 79 elementary students and eight adults in 2015.
The incident occurred after a toxic plume of chlorine gas drifted towards Rio Seco Elementary School from the Cameron Family YMCA in Santee on Oct. 20, 2015.
Though the incident occurred in Santee, all YMCA facilities, including those in Chula Vista and National City, are included in the Oct. 20 order to follow new procedures to avoid something like this from occurring again on terms of two years probation.
The Board of Directors for the county-wide YMCA organization hired former District Attorney Paul Pfingst to represent them. Seven directors and employees were in the audience to hear the judge’s ruling.
The YMCA, as a non-profit organization, pleaded guilty to four felony counts and one misdemeanor that involved negligence in the hazardous waste spill, part of which also went into a storm drain.
San Diego Superior Court Judge Polly Shamoon ordered all YMCA facilities to allow unannounced inspections by the county Department of Environmental Health and to improve its procedures for handling hazardous waste.
The students reported burning eyes and skin, and nausea. They complained of a strong bleach-like odor in the area.
The students went to a hospital in a school bus, but they were treated in the hospital parking lot.
Also sentenced Oct. 20 to three years probation was Lee Joseph Ladley, 64, who was the YMCA facilities director at the time.
A tube which carried chlorine from a storage tank to a swimming pool broke and came into contact with another acidic chemical. A YMCA worker discovered the spill, which also went into a storm drain, but didn’t immediately alert anyone, said the prosecutor.
Pfingst filed documents noting the YMCA has since paid $705,053 in facility improvements such as new chemical pumps, chemical monitoring systems, berms surrounding chemical storage areas, and remodeling pump room doors.
“The YMCA is changing its entire culture and organization to try to respond to provide better aquatic safety inside the pool,” said Pfingst to the judge.
“These people,” said Pfingst, gesturing to the Board of Directors in the audience, “have worked tirelessly to put these changes in effect.”
Ladley was fined $6,150, and given credit for one day in jail for a previous booking when he and the YMCA were first charged on Oct. 19, 2016 by the District Attorney’s office.
Pfingst told the judge the YMCA has already paid $11,482 in medical costs for the victims, and $37,416 in two other agencies’ expenses in the incident. Shamoon ordered them to pay $321 in medical costs for two parents.
The judge granted the motion by Pfingst and Ladley’s attorney, Michael Berg, to reduce all the felony convictions to misdemeanors.
“There has been great progress made,” said Shamoon.
Deputy District Attorney Elizabeth McClutchey objected to the charges being reduced, saying “The YMCA has not done what they need to do.”
“They were still having violations a month, 1 1/2 months, two months after this horrific event,” said McClutchey. “It didn’t open their eyes well enough.”
Sharon Preece, an environmental protection expert, testified she inspected 11 YMCA facilities in the county and found violations at all of them. She said there were six employee training violations.
Preece said they had taken steps to improve the facilities, but they have not put an overall plan into practice.
McClutchey said a YMCA employee discovered the chlorine spill and tried to contain it without informing others of the problem until later. Pfingst said the YMCA has since conducted regular hazardous materials training for employees.
Shamoon said she will review the progress of the YMCA on March 7, 2018.
Attorneys said there are lawsuits pending. The San Diego County Air Pollution Control District is reviewing regulatory action and they could seek a $500,000 fine.
