Alameda County grand jury probe leads to rare charges against an Oakland recycling business and its managers

A two-day toxic blaze that blanketed Oakland in smoke last summer has resulted in criminal indictments for Radius Recycling.

“Under my leadership, this administration will not allow corporate criminals to poison our community recklessly, to create vulnerabilities for our community and for those who serve our community and just walk away having made a profit and get off with a slap on the wrist,” Alameda County District Attorney Pamela Price said in a news conference on Tuesday.

Radius has denied the charges.

Last August, a fire broke out at Radius’ scrap metal facility in West Oakland, sending plumes of smoke across the Bay Area. Price’s office began an investigation in the immediate aftermath and brought a case to an Alameda County criminal grand jury.

On June 28, after hearing 50 witnesses testify, the grand jury decided it had enough evidence to issue a 10-count indictment against Radius Recycling, regional General Manager Daniel Woltmann and General Manager Dan Morales. The indictment, which was unsealed Tuesday, alleges that Radius, Woltmann and Morales were reckless in their handling of hazardous waste, adding material to the scrap metal pile though they knew it was unsafe. It also alleges they took steps to destroy or conceal evidence.

In a statement Thursday, Radius said it doesn’t store or treat hazardous waste, and that it did not hide or destroy evidence

Radius said the company let the District Attorney’s Office along with other state and local officials inspect burned scrap metal and other debris on the day of the fire. According to the statement, Radius told those officials that it would be shredding the burned material that day, calling it a routinely used practice to reduce the fire risk.

“Not once did the District Attorney or any regulator object to the processing of the burned material. We are fully confident that the company’s actions will be proven to have prioritized public safety and compliance with the law,” the company said.

If found guilty, Woltmann and Morales could face up to three years in jail in addition to fines. Radius could be made to pay up to $33 million in fines.

According to Price, this is the third major fire at the West Oakland facility in five years.

Price believes this may  be the first time a corporation and its managers will be held individually accountable under a felony statute in Alameda County. But it is not the first time Radius Recycling has faced penalties for pollution.

In 2021, investigators from the California Department of Toxic Substances Control found that the company’s West Oakland recycling facility, then known as Schnitzer Steel, was allowing harmful levels of lead, zinc and copper particles to reach the surrounding air and water. In response, the regulatory agency filed a formal enforcement action and reached a $4.1 million settlement with the company. 

Then in 2022, the U.S. Environmental Protection Agency filed a complaint against the company for not properly disposing of refrigerants that could be harmful to the ozone layer. The result was a $1.5 million settlement and a promise to make $1.7 million in upgrades to the facility and to the company’s environmental practices.

Most recently, San Francisco Baykeeper filed suit against Radius, alleging it allowed polluted stormwater to wash into the bay from its Pick-n-Pull auto dismantling facilities, violating the Clean Water Act. A judge recently ordered the parties to schedule a settlement conference in the next year. 

Radius Recycling bills itself as a globally responsible corporation. In 2023, it was named to Time magazine’s list of the 100 most influential companies. It also was awarded the title “world’s most sustainable company” at the World Economic Forum by Corporate Knights; in 2024, that ranking had dropped to 36. 

“For far too long, polluting industries like Radius have shrugged off regulations when it was convenient to them, treating minor administrative fines and civil penalties as the cost of doing business, resulting in a terrible legacy of environmental racism in Alameda County,” Price said in a news release. “Today, we say that ‘business as usual is over.’”

The story was updated on July 25 to add Radius’ statement.

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