Talkin’ Trash

LAGUNA HILLS — The way John Leensvart looks at it, he’s trying to help save the earth--and officials are trying to shut him down with their cockamamie rules.

For 18 years, the owner of D&J; Recycling has paid cash for aluminum, paper and metal out of an industrial complex in Laguna Hills.

But the colorful, blunt-spoken recycler with the salt-and-pepper beard might be kicked out of Laguna Hills and become the first South County business in years to be hauled into court by county fire officials.

From Leensvart’s perspective, he is paying the price for challenging authority--specifically, the Orange County Fire Authority.

“The most dangerous word in the English language is ‘Why?’ ” said Leensvart, 53. “I would say that most of this conflict, probably about 90% of it is my fault . . . because I dared to ask that question.”

The fire agency says the business poses a serious fire risk and will present its case in Municipal Court in Laguna Niguel on June 9.

“It is a significant fire hazard,” Orange County Fire Authority Deputy Marshal Buck Henderson said. “We go out there and he agrees to comply, we come back and he hasn’t complied. Our real goal is to get compliance.”

The fire authority has issued a citation to Leensvart detailing six alleged violations of the Uniform Fire Code. A judge could order Leensvart to fix the violations, issue a fine, or both.

Leensvart says fire inspectors are misinterpreting their own rules and forcing him to take measures that other local recyclers aren’t required to follow.

Even if he wins in court, Leensvart still must convince Laguna Hills officials at a later public hearing to let him stay in business. City law requires all companies to conform to the fire code or face losing their permit to do business in Laguna Hills.

“I’m glad that he questions authority, but as a city, we have to watch out for 30,000 people,” said Councilman Joel T. Lautenschleger. “For us, this is a public safety issue.”

Leensvart says he’s eager to plead his case before a judge.

“I’m an independent kind of guy and I don’t particularly want government meddling in my business,” he said. “I want my day in court. I want an impartial person to judge me.”

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At D&J; Recycling, customers drive up in pickup trucks and station wagons all day long and haul out large garbage bags of aluminum cans, armfuls of newspapers and bottles. They dump the recyclables on a scale, Leensvart writes them a check.

He sees this as his purpose in life.

“If I was looking for profit, boy, I wouldn’t be here,” said Leensvart. “I never expected to get rich. I just wanted to help clean up the earth--if everyone gave it a halfway shot, we could do a pretty good job.”

Two years ago, fire inspectors visited his site and saw what they considered a disaster waiting to happen. Inspectors say they found uncovered bales of combustible paper, untagged fire extinguishers, unauthorized torch and welding equipment and other alleged infractions.

Among other things, fire officials have required Leensvart to cover all combustible materials, including wood and paper--which makes up about 70% of his business--with fire resistant tarp.

For about $3,000, Leensvart could make that ticketed infraction go away, but he argues that no other recycler is required to cover their bales and bins, and he is determined not to be a test case.

“To put it simply, it’s not fair,” he said. “All I want to know is why am I being singled out?”

Leensvart resents any implications that his business is a fire trap.

“I take that as a slap in the face because it’s saying that I’m running my business with reckless disregard,’ he said. “That’s not true.”

Henderson denies that the fire authority is being tougher on Leensvart than any other business that runs afoul of the law in the 19 cities and unincorporated areas covered by the agency.

Henderson said the Uniform Fire Code is flexible enough to allow different interpretations among various fire agencies and that the county fire authority chooses to take a hard-line approach.

“It’s a matter of interpretation,” he said. “We pursue fire violations aggressively.”

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Other neighborhood recyclers in Orange County say that, so far, they haven’t been told by their local fire agency to cover their recyclables.

“To my knowledge, I don’t know anyone else who has to do that,” said Bill Vetter, who has managed A&M; Metals in Santa Ana for 10 years. “We could do it, but it would be extra cost, extra labor.”

Neither Henderson or Leensvart express bad feelings toward each other.

“The real issue is [Leensvart’s] own personal beliefs,” said Henderson. “Why placate his beliefs? We’re here to watch out for the public’s welfare.”

Leensvart recalls being rebellious from an early age--challenging teachers, military officers and generally bucking the status quo as a young person. He even swam against the tide by investing in the recycling business before the green movement grew popular.

Over 18 years, the recycler has grown comfortable in Laguna Hills as the children of customers begin coming in with recycling.

Joseph Massey, the executive director of the California Chapters Institute of Scrap Recycling Industries sat in on a meeting between Leensvart and Henderson. He doesn’t know where to point the finger.

“With most recyclers, when a government agency comes in, they at least attempt to address the issue,” said Massey. “John had all intentions to address the situation, but I think the market turned against him and he didn’t have the money to do what they asked.

“I don’t think his [fire hazard] situation is as bad as it’s being made out to be,” said Massey. “But I think there are some personality conflicts that are tainting the decision process . . . between John and the fire staff.

“This all could definitely have been addressed a lot easier.”