State alleges Modesto wine bottle maker used hazardous waste in glass

OAKLAND - The state Department of Toxic Substances Control has accused Gallo Glass Co. of using hazardous waste in the manufacturing process for its wine bottles, but Gallo officials said the lawsuit has no merit.

The state attorney general's office filed a civil complaint against Gallo on behalf of the DTSC in Alameda County Superior Court in Oakland on Friday.

The complaint alleges that Gallo's plant in Modesto illegally introduced dust containing lead, arsenic, cadmium and selenium into the manufacture of the bottles.

According to the complaint, the dust is generated by equipment that captures pollutants that would otherwise be released into the air by the plant's furnaces.

Gallo agreed to stop using the dust as an ingredient in their wine bottles last May, but the complaint argues that the dust is hazardous waste that Gallo has failed to handle appropriately under state law.

"They have stopped using this hazardous waste dust in the glassmaking process, but that's only part of what they're doing wrong," DTSC spokeswoman Tamma Adamek said. "Overall, they're not managing this dust as hazardous waste, and it is hazardous waste."

Gallo has responded, saying that their facilities are run in accordance with their permits and that using the dust that way is an environmentally friendly practice.

"Precipitate captured by our air emission controls is comprised of the same raw materials used to make glass so we use it instead of adding new raw materials," the company said in a statement.