Former Burlingame Business To Pay Thousands in Civil Penalties

Metrigen, Inc., a now non-functioning biotech research facility previously located in Burlingame faces a $250,946 judgment, the San Mateo County District Attorney announced Tuesday.

The judgment, which was handed down Monday to the Consumer and Environmental Unit of the District Attorney’s Office, is against Metrigen, Inc. and its executive officers, Nathan Hamilton and Thomas Brennan, for illegally disposing hazardous waste.

"Our office views that people in businesses working with hazardous materials have an obligation to do so safely," Deputy District Attorney Todd Feinberg told Patch. "The District Attorney's Office takes this seriously."

According to a press release, a complaint was filed against Metrigen on Dec. 2, 2010. It claimed when the defendants closed their facility at 849 Mitten Road, Suite 101 in December 2008, Brennan paid a “moving company that was not licensed or authorized to transport hazardous waste a few hundred dollars to dispose of several sealed, unlabeled cardboard boxes.”

No instructions were given as to how to dispose of the boxes, nor were warnings given regarding the contents of the packages. Members of the moving company placed four boxes in a San Bruno industrial office park dumpster where they sat in a couple inches of water.

Of the 257 bottles in the boxes, at least 115 held hazardous waste from the lab, some labeled as water reactive, the press release said.  Others displayed labels denoting air reactivity, light sensitivity and incompatibility with acids.

A third party saw the boxes and called 911 after examining their contents. Emergency personnel stepped in before any environmental or personal harm occurred.

"The defendants' behavior was egregious," Feinberg said. "It's very fortunate that the county emergency responders were able to quickly and safely contain the illegally dumped items."

The judgment calls for $250,946 in civil penalties and enforcement and disposal costs, compliance with environmental laws and regulations by Brennan and Metrigen, Inc. and a prohibition of Brennan from being involved with the storage, disposal or transportation of hazardous waste in the future.