Wine country waste workers for Pelosi, Newsom Napa vineyards seek $300M over alleged toxic contamination

Workers say they were exposed to toxic materials after the Glass Fire scorched parts of Napa Valley in 2020

A group of waste collection and landfill workers in California's Napa Valley is seeking hundreds of millions of dollars in compensation after they say they were exposed to toxic chemicals while cleaning up after the Glass wildfire in 2020 — and a former local mayor says his warnings to leaders like Gov. Gavin Newsom and Rep. Nancy Pelosi went unheeded for years.

The workers also claim they were retaliated against and faced racial discrimination for blowing the whistle on the politically connected Clover Flat Landfill's potential to pollute water and air in the country's best-known wine region — where both Pelosi and Newsom have substantial vineyards.

The group is seeking $300 million in restitution from the landfill and Upper Valley Disposal Services, according to a complaint sent to California's Division of Occupational Safety and Health.

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An aerial view of Clover Flat Landfill

The Glass Fire tore through the Clover Flat Landfill in Napa County, California, in 2020, according to workers seeking $300 million in restitution. (Garbage & Green: Trashed In Napa Valley)

"We didn’t have experience at all with these situations," said Jose Garibay Jr., one of the complainants and a former supervisor at the landfill. "We didn’t have protocol for what happens in a fire, what happens in an emergency. We had no training whatsoever. But they did send us right after the fire to clean up the mess before officials showed up."

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"There's a machine politic thing going on here — this is the backyard of San Francisco."

- Geoff Ellsworth, former mayor of St. Helena

Occupational Safety and Health Administration officials told FOX Business that complaints are confidential but documents can be shared once a case is closed.

"We were exposed to the gas methane escaping from the landfill, and leachate water," Garibay told FOX Business.

Garibay said he and a 15-man crew working 11-to-12-hour days had no training on the handling of hazardous material cleanup and no equipment other than N95 masks.

Gavin Newsom speaking in Napa

Then-Lt. Gov. Gavin Newsom gestures while speaking during the opening party at Odette Estate winery in Napa, California, on Aug. 3, 2012. Newsom is a co-owner of the winery. (AP Photo/Eric Risberg)

"We were not supposed to be out there right after the fire, and the company took advantage of that because we were not experienced," he said.

By the time officials showed up a week later, evidence of some of the damage had been cleaned up, he said.

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Jose Garibay poses alongside garbage truck decorated with Christmas lights in Napa Valley

Jose Garibay poses alongside an Upper Valley Disposal Services garbage truck adorned with Christmas lights. (Jose Garibay)

Garibay, who began as a truck driver and was quickly promoted to operations supervisor, said he was ultimately fired for raising concerns about health risks and other safety issues at the landfill.

The landfill's former owners told local media in October 2020 that the fire did not damage the facility, although the surrounding area was scorched.

However, the complainants say that is not true — and they shared an inspection report from the San Francisco Bay Regional Water Quality Control Board that found "the site was severely impacted by the Glass Fire."

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Fire damage on the side of Clover Flat Landfill

Inspectors who visited in the aftermath of the Glass Fire found anti-erosion measures had burned up on the edge of the landfill, which runs downhill toward a creek. (San Francisco Bay Regional Water Quality Control Board)

The company's current owner, Waste Connections Inc., purchased the landfill after the events outlined in the complaint.

However, some former members of management remain on the job, according to the complainants, including Christy Pestoni, whose family founded the collection business in the 1950s and owns a winery nearby.

Waste Connections did not immediately respond to requests for comment, and no one responded to a voice mail left for Pestoni at the landfill.

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Fire-damaged pump house at landfill seen amid burned brush and trees

The Glass Fire damaged the leachate pump house, inspectors found. The sumps and storage tanks escaped damage, but power outages impacted the pumps, according to inspectors. (San Francisco Bay Regional Water Quality Control Board)

Geoff Ellsworth, the former mayor of St. Helena, where Pelosi has a vineyard, has been warning for years that the landfill, at the top of a hill, has the potential to pollute water and agricultural land in the valley below — as well as create health issues for people breathing in air after wildfires strike.

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"There's a machine politic thing going on here — this is the backyard of San Francisco, and people have their second homes and their wine businesses," the self-described progressive Democrat told FOX Business. "But it doesn’t absolve them from taking responsibility for the laws in the area and the treatment of the people working here."

 vineyards at PlumpJack Group's Odette Estate winery

Grapes growing at PlumpJack Group's Odette Estate winery, in Napa, California, on Aug. 31, 2012. The estate is partially owned by Gov. Gavin Newsom. (Tony Avelar/Bloomberg via Getty Images)

Ellsworth, who said he worked at the landfill 30 years ago doing recycling, has sought help from numerous California government agencies and officials over the past three years, reaching out to members of Congress, the governor's office, state and local regulators and the former speaker, whose winery is in St. Helena.

"They blew me off," he said. "Nobody would talk about it."

The Pestoni winery's events venue has hosted campaign events for some of the state and local lawmakers he reached out to, Ellsworth said — but not Pelosi or Newsom. The winery posted about two of them on its Facebook page, including a fundraiser for the county district attorney and sheriff candidates in 2017 that featured U.S. Rep. Mike Thompson.

Pelosi Napa Valley vineyard sprawls out in front of mountain on sunny day

A glimpse of former House Speaker Nancy Pelosi's vineyard in St. Helena, California, on Wednesday. (Anne Wheaton / Fox News)

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Two complainants who were garbage truck drivers working for the landfill, Gary Hernandez and Ricky Hernandez, said they were forced to come to work during an evacuation order while the fire was raging. The two are not related. They also said they were both pressured to come to work while COVID-19 positive during the height of the pandemic.

"I'm working with COVID, over there servicing Nancy Pelosi's house, and she's out there getting her hair done," Gary Hernandez told FOX Business.

French Laundry overflowing garbage

Ricky Hernandez said he sent these images to his supervisors after encountering overflowing and unsorted trash and recyclables at the French Laundry restaurant in Napa Valley, California. (Ricky Hernandez / Fox News)

Ricky Hernandez, on the other hand, had the highbrow French Laundry restaurant on his route — where Newsom infamously violated his own COVID lockdown order to attend an expensive lunch party with friends.

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Garibay said he was also tasked with cleaning fire damage at the "old winery" near both the landfill and St. Helena's water supply.

Garibay and crew removing fire damage

After cleaning up the landfill, Garibay says his team was tasked with removing damaged materials from a winery nearby. (Jose Garibay)

The complainants and Ellsworth are calling for an investigation into the landfill’s former management as well as testing for potential toxic materials downhill from the landfill. They said they believe some laws have been violated.

"If you look at the drainage coming out of the landfill, it directly cuts through a mile of vineyards," said Brian Lilla, a documentarian who directed a four-part investigation into the landfill called "Garbage & Greed: Trashed In Napa Valley."

Complainants Gary and Rickey Hernandez and former St. Helena Mayor Geoff Ellsworth in front of greenery in Napa Valley

From left, former landfill truck drivers Ricky Hernandez and Gary Hernandez, and former St. Helena Mayor Geoff Ellsworth. (Anne Wheaton / Fox News)

"It's super gross," he added.

In December, the landfill was fined $619,000 in connection with a leak in 2019 that contaminated a nearby creek, according to the Napa Valley Register.

"If the Napa Valley wine and hospitality industries knew how bad the problems were they'd look into it because the contamination, fires and toxic smoke can't be good for the grapes, wine or the people who visit," said Gary Hernandez.

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After servicing Pelosi's home while suffering COVID systems and driving his garbage truck up and down narrow mountain roads covered in smoke from the wildfires, he said that he does not think the lawmakers understand "how bad it gets."

"Workers were sent by the company into evacuation and fire zones with no protective equipment," he said. "Drivers like me weren't even given masks. Workers didn't know what the laws were, but the company should have." 

Fox News' Julia Bonavita contributed to this report.