Watts metal company ordered to stop operating as owners face felony charges

LOS ANGELES - A long-sought victory for residents in Watts as the owners of a metal salvage and recycling yard face felony charges of knowingly disposing hazardous waste at a site with no permit. 

Atlas Metals, which has been owned by the Weisenberg family for 80 years, is next to Jordan High School and some of the hazardous waste was allegedly deposited onto the campus. 

During court Monday, Atlas was ordered not to receive or process any new materials. 

What they're saying:

"I honestly didn't think I would ever see that day," said former student Genesis Cruz. "Today the judge really put some limitations which is a huge step for accountability."

District Attorney Nathan Hochman called it a historic day. His office released a statement that read, "This is a historic day for Watts, Jordan High School and criminal justice—for the first time, after decades of endangering children with metal projectiles and hazardous waste, Atlas Metals has been ordered to stop accepting and processing new material, essentially shutting down operations. For decades, as alleged in court, Atlas Metals has recklessly allowed deadly shrapnel to be launched onto the property of Jordan High School and contaminated the school with lead and other toxic chemicals. For 70 years, as alleged in court, Atlas Metals has collected all the profits, and the children at Jordan High School have borne all the risks. This will not stand. Under my watch, environmental crimes will be punished to the full extent of the law, and those who threaten public safety, especially those who harm children, will be held accountable."

What happened in court 

What we know:

Matthew Weisenberg, 37, one of the two owners, was ordered Monday to remain jailed in lieu of $1 million bail.

He and his father, Gary Weisenberg, 78, were not allowed to accept any gasoline at the business if the containers had not been punctured or cut as a condition of the pair's release on their own recognizance following a grand jury indictment charging them with 25 counts, and that a recent investigation by the California Department of Toxic Substances Control determined that containers of acetylene -- a highly flammable gas -- were on the property at S&W Atlas Iron and Metal Corp.

The two were initially ordered Thursday to remain jailed without bail pending Monday's bail hearing, but the judge noted that Gary Weisenberg's bail was set Friday at $100,000 after an emergency petition was filed seeking his release from county jail on "urgent medical grounds." He was released Saturday on bond, according to jail records.

Matthew Weisenberg's attorney, Benjamin Gluck, unsuccessfully asked the judge to also set the same bail amount for his client, saying that he was concerned that the $1 million amount was "simply unachievable" and that his client has "received the message about the importance of compliance." He noted that there were a number of friends and community members in the downtown Los Angeles courtroom to support Matthew Weisenberg.

The judge ordered the company not to receive any loads of scrap metal until he signs revised protocols, saying that he hopes it can be done "expeditiously."

The company will also be prohibited from accepting any gas cylinders or tanks and will be subject to regular, unannounced visits by the Department of Toxic Substances Control, with the judge saying that he needs "greater regulatory oversight" being conducted at the facility, the judge said.

Defense attorney Benjamin Gluck released a statement saying, "Atlas will continue its efforts to be a good neighbor and member of the community. We disagree with the District Attorney’s characterization of Atlas, but we welcome direction from the Court and will comply with it."

What charges do they face?

The charges against the Weisenbergs and the company include knowingly disposing hazardous waste at a site with no permit, deposit of hazardous waste, failure to maintain or operate a facility to minimize the possibility of a fire or explosion, and public nuisance.

The criminal case marked the latest legal entanglement for the company, which was sued in 2020 by the Los Angeles Unified School District. The federal lawsuit alleges hazardous substances, waste and fumes from the salvage yard were endangering students and faculty at Jordan High. The suit even contended that a pair of explosions in 2002 sent metal shrapnel raining onto the campus.

Impact to nearby school 

Dig deeper:

In 2023, then-District Attorney George Gascón announced the initial criminal filing, with a grand jury indictment being handed up last year shortly after an Aug. 12 explosion occurred at the property as students arrived at the nearby school for their first day of classes. No one was injured in the fiery blast, according to the District Attorney's Office.

PREVIOUS COVERAGE:

• Charges filed against metal company for illegally disposing waste near high school in Watts
• Students hold protest over lead levels at Jordan High School in Watts

Soil samples taken from an area at the high school adjacent to the Atlas facility "showed excessive concentrations of lead and zinc," according to the D.A.'s office, which alleged that samples taken at Atlas found excessive concentrations of seven metals.

Prosecutors also contend that metal debris believed to have originated from the Atlas facility was found on the school grounds.