BRIEF
BACKGROUND OF METALES Y DERIVADOS
In 1972, New Frontier Trading Corporation, a San Diego-based
wholesale metals company, initiated lead smelting operations in Tijuana, Baja California
Mexico under the name of Metales y Derivados (Metales). The company's principal
operation in Mexico consisted of recovering lead, copper and phosphorous through the
smelting of used lead acid batteries and other scrap materials. In the early 1980's, the
company moved to Ciudad Industrial Nueva Tijuana, also known as Mesa de Otay Industrial
Park. This site is situated approximately 150 yards
from the edge of the mesa. With complete disregard of Mexican law and the La Paz Agreement,
which require the return of wastes produced by maquiladoras to their country of origin,
Metales accumulated and stockpiled the hazardous
waste produced by the smelting operations.
In 1994
Metales was ordered to cease operation for failing to comply with Mexican environmental laws and regulations.
The owner and operators abandoned the company upon its closure and
returned to the United States, leaving behind an estimated 6,000 metric tons of lead slag,
piles of waste by-products, sulfuric acid, and heavy
metals such as antimony, arsenic, cadmium and copper from the battery recycling
operations. Immediately below the Mesa de Otay and
the Metales site lies Colonia Chilpancingo, a community of about 1,000
households. While in
operation, residents of this community repeatedly complained to Mexican authorities about
Metales' polluting activities, its illegal hazardous waste disposal practices and the
frequent health problems related to skin and eye irritations as well as gastrointestinal
problems in the community. Community residents were also
concerned that underground water sources were being contaminated by the Metales
site. All of these hazardous wastes remain on the site completely
exposed to the natural environment. Seasonal winds and rainfall carry these wastes to nearby communities.
Colonia Chilpancingo faces great risk of exposure to the runoff that may carry toxic
chemicals from Metales because it is located downhill from and almost adjacent to the
abandoned toxic site.
Colonia Chilpancingo lies just below the
Mesa de Otay and the Metales site.
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METALES Y DERIVADOS
Profile:
U.S. parent company: New Frontier Trading Corporation
Incorporation date: 02/07/72
Status: Active
Principal Executive Office: 3045 Rosecrans #203/4
San Diego, CA 92110
Mailing Address:
PO.Box 80002
San Diego, CA 92138
Telephone: (619) 225-0206
CEO/CFO/Director:
José Kahn
1465 Liggett Way
San Diego, CA 92106
Agent/Secretary: Edith Kahn
(same address as above)
Director:
Reynaldo Kahn
1525 First Ave., F303
Coronado, CA 92118
Type of Business: Wholesale Trade - Metals: refined or recycled
lead, copper, phosphorous.
Toxic Legacy:
1972 New Frontier begins lead smelting operations in Tijuana, Baja
California, Mexico under the name of METALES Y DERIVADOS.
1972-1982 Metales y Derivados operates in Centro Industrial Los
Pinos.
1982-1994 Metales y Derivados moves operations to Otay Mesa
Industrial Park, less than one mile from the United States/Mexico border.
1982-1994 Repeated complaints by community members and frequent
citations by SEDUE on Metales' operations.
July 31, 1992 Los Angeles County District Attorneys Office files a
26-count felony complaint with Los Angeles Municipal Court (Case No. BA062242) against New
Frontier and Jose Khan for the unlawful transportation of hazardous waste. Each separate
violation carried a maximum sentence of 3 years in State prison and/or $100,000 per day
fine for each day of violation.
Aug 4, 1992 New Frontier Trading purchases waste lead from Keelco
Anodes and other entities and arranges for its transportation to Metales y Derivados, for
the alleged recycling of lead waste and manufacturing of pure lead ingots for sale in the
US. Keelco manufactures lead keels for boats and lead anodes used in refining copper from
ore. However, a District Attorney's investigation revealed that New Frontier and Kahn
unlawfully transported lead waste to the unpermitted facility in Mexico on at least 26
occasions.
PROFEPA temporarily shuts down Metales y Derivados in Tijuana,
Mexico.
April 15, 1993 Kahn pleads guilty to 2 of the 26 felony counts of
illegally transporting hazardous materials. He agrees to pay a $50,000 fine and to clean
up the Metales y Derivados site.
The outcome allows Kahn to continue an operation that employs about
35 workers.
May 5, 1993 PROFEPA issues a formal complaint against Metales y
Derivados before the Mexican Federal District Court (Ministerio Publico).
Oct 1993 Ed and Donald Huseman, involved in shipping hazardous waste
through New Frontier, plead guilty in U.S. courts.
Nov. 1993 A new inspection of Metales y Derivados conducted by
PROFEPA reveals that it had only complied with 2 of the 14 different measures that it had
previously violated.
Mar 1994 Government permanently closes Metales y Derivados for
failing to comply with PROFEPA's imposed environmental measures.
Complaint submitted to the Labor Board and an order is issued to
sell useful recyclable waste and machinery to compensate overdue workers' salaries.
Approximately 6,000 metric tons of lead slag is abandoned at the premise along with metal
scrap, polyethurine chips, sulfuric acid residue and traces of cadmium and phosphorous.
1995 PROFEPA builds a brick wall around the Metales site and places
a polyethurine cover on top of the 6,000 metric tons of lead slag to prevent air exposure.
Aug. 1995 In Mexico, a District Judge issues an arrest warrant for Jose Khan,
owner of Metales y Derivados.
1996 Mexican government takes control the Metales y Derivados site.
Oct 31, 1997 New Frontier Trading Corp. listed as an active San
Diego Small Business Corporation.
Jan 3, 1998 New Frontier Trading Corp. lists annual sales at
estimated $700,000 - $1 million.
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Comité Ciudadano
Pro-Restauración
del Cañón del Padre A.C.
Background
"Maquiladoras and other types of industries arrived in
Tijuana transforming our rural community into a sprawling industrial center. At first we
were glad because we believed there would be work resources in good numbers close to our
homes. But to our surprise, streams of contaminated water surfaced from everywhere, and
our children and families began to get sick. We went to health centers to seek medical
attention and to file complaints, but everything was in vain; we did not gain anything. We
began to organize ourselves to fight for a better quality of life, and this is how our
organization, currently with 23 affiliated communities, was born and continues to grow
stronger everyday."
Maurilio Sanchez Pachuca
President, Comité Ciudadano Pro-Restauración del Cañón del Padre
Organization Fact Sheet
Established: 1980
President: Maurilio Sanchez Pachuca
Contact Information:
Francisco Villa 2640
Colonia Chilpancingo CP 22530
Tijuana, Baja California, Mexico
Tel: (011) (52) (66) 23-97-16
Comité President, Maurilio Sanchez Pachuca
stands near abandoned toxic site of Metales.
Description:
Comité Ciudadano Pro-Restauración del Cañón del Padre A.C. is a
non-profit organization based in Tijuana, Baja California, Mexico. The organization is
comprised of citizens from the middle and lower-middle class totaling approximately 25,000
families situated around the El Padre Canyon (El Cañón del Padre), the Municipality of
Tijuana, Baja California.
Comité Ciudadano Pro-Restauración del Cañón del Padre
A.C.
organizes communities and individuals to fight against soil, air and water pollution,
prevent the exploitation of local workers, and advocates for the public’s right to
know and increased public participation in the political process.
Through community organizing, the group has scored several
significant accomplishments such as the permanent closure of Alco Pacifico and Metales y
Derivados, two lead smelters that posed serious environmental and health risks;
contributed to the removal of unresponsive elected officials; and advocated for the
enforcement of environmental laws that resulted in the issuance of penalties and
citations.
Current priorities include the cleanup Metales y Derivados,
monitoring the over 200 maquiladoras located on Mesa de Otay and their impact on the
environment; clean and restore El Padre Canyon; continue the health and safety workshops
for maquiladora workers; and continue to fight for the public’s right to know.
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