Thomas faces 159 charges of illegal oil dumping

Eron Ben-Yehuda

HUNTINGTON BEACH -- A former city councilman was arraigned Tuesday on 159

criminal violations stemming from an oil spill that killed 14 birds.

John Thomas, who has championed environmental causes in the past, is

charged with contaminating a pond near oil wells he operates by Edwards

Street and Ellis Avenue, Deputy Dist. Atty. Scott Zidbeck said. Thomas is

also charged with failing to report the contamination and harming

wildlife,

Each count is a misdemeanor punishable by a maximum penalty of six months

in jail or a $1,000 fine.

The state Department of Fish and Game discovered the spill in February

1999. The pond was cleaned within four days, but not before more than 100

birds, mostly ducks, were observed to be soaked with oil, said Stephen

Edinger, a patrol lieutenant for the department. Of the 33 birds rescued,

14 died, he said.

Thomas did not appear at the Westminster court to enter a plea and has

declined comment. Through his attorney, Thomas was granted a request for

a hearing May 24 to argue that at least some of the charges should be

dismissed.

But his attorney, Julian Bailey, doesn’t deny the facts alleged against

Thomas.

“Accidents happen,” he said, noting that the spill was caused by a broken

pipe.

Even so, Thomas broke the law, Zidbeck said.

“He is still responsible even if it is an accident,” he said.

Bailey also argues that Thomas was too busy helping with the cleanup to

report the spill.

“It doesn’t take more than a phone call,” Zidbeck responded.

Oil production is by definition a dirty business, and Thomas is doing his

best to run a clean operation, Bailey said.

This is not the first time Thomas’ oil operations have allegedly fouled

the environment. He has been under investigation since June 1998 for

possibly dumping oil in the Edwards Thumb area of the Bolsa Chica, not

far from the latest trouble spot, Zidbeck said.

Known for his off-the-cuff remarks, the gravel-voiced Thomas often ran

into controversy during his council tenure from 1978 to 1986.

“I could never say nothing without the press picking it up,” he said when

he ran unsuccessfully for the county’s 2nd District supervisor’s seat in

1994. At the time, he criticized plans to develop the Bolsa Chica mesa.

The more recent charges facing Thomas were also brought against Robert

Brindle, who jointly operates the oil wells. The complaint included their

respective companies -- the John Thomas Crane and Trucking Co. and

American Landscape Supply, both based in Huntington Beach.