Radius Recycling Faces Up to $33 Million in Fines for Fire

Company and two managers face multiple criminal charges and fines following indictment for crimes related to 2023 two-day blaze

Radius Recycling, Inc. (formerly Schnitzer Steel) and company managers Daniel Woltmann and Dane Morales will face multiple criminal charges and up to $33 million in fines related to a two-day scrap metal fire on August 9-10, 2023, at the company’s West Oakland metal-shedding facility at 1101 Embarcadero West. The fire spewed acrid—and possibly toxic—smoke across the Estuary to Alameda, other parts of Oakland, San Leandro, and Fremont, and as far as Contra Costa County.

According to a statement from DA Pamela Price issued by the Alameda County District Attorney’s Office , the unsealed Grand Jury indictment alleges that Radius/Schnitzer, Woltmann, and Morales committed numerous felony health and safety code violations, including recklessly emitting an air contaminant that caused great bodily injury or death and knowing or reckless treatment, handling, disposal, or storage of hazardous waste in a manner causing an unreasonable risk of fire, explosion, serious injury, or death.

Woltmann and Morales are also charged with conspiracy to violate California’s Health and Safety Code. Woltmann is additionally charged with felony conspiracy to intentionally destroy or conceal evidence, and all defendants are charged with misdemeanor intentional destruction or concealment of evidence, misdemeanor violations of Department of Toxic Substances Control (“DTSC”) and Bay Area Air Quality Monitoring District (“BAAQMD”) regulations, and misdemeanor negligent and reckless release of air contaminants.

In total, Radius/Schnitzer is charged with eight offenses, Morales with nine, and Woltmann with all 10 offenses in the indictment.

As alleged in the indictment, the investigation revealed that in the days leading up to the fire, Radius/Schnitzer continued to accumulate scrap metal containing hazardous wastes despite equipment failures, knowingly storing materials in unsafe conditions.

The indictment follows a year-long investigation, according to the Alameda County District Attorney’s Office, which noted that this was the third major fire at Radius’s West Oakland metal shredding facility in five years.

If convicted on all counts and allegations in the indictment, Radius/Schnitzer’s potential criminal fines range from $625,000 to more than $33 million, while Woltmann’s potential criminal fines range from $625,000 to more than $31 million, and Morales’s maximum possible criminal fine is more than $1 million. Additionally, each of the felonies with which Woltmann and Morales are charged is punishable upon conviction with a maximum sentence of three years in the County Jail, according to the District Attorney’s office.

The investigation is being led by Deputy District Attorney Gabriel Markoff of the reformed Consumer, Environmental Protection, and Special Prosecution Unit, with support from other Deputy District Attorneys and Inspectors.

Any members of the community whose health suffered because of the fire are urged to contact the investigative team at 510-383-8600 or via email at askcjb-da@acgov.org .

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