more than a dozen young swimmers are overcome by fumes from a chlorine leak. >> california's fight to strangen out a dangerous ingredient in a popular hair streemt. >> and passengers are now banned from the upper deck, we'll have the story. >> news is in contra costa county. a shelter p in place has been ordered after an incident at the tesoro refine rye here is a live look now. you can see flares are generating a great deal of black smoke that. is a cause for concern. >> there was a power outage, a power interruption causing material the refine very processing to be fushed -- pushed up through flares it means anyone with breathing problems should stay

indoors. >> an official says it may take about an hour for materials to burn off. we want to get information from someone who knows about this. >> we think we have steve from the contra costa health services on the phone tonight. are you there? >> i am here. >> let us know what is going on from a health department standpoint what. are you concerned about? >> sure. well, first, approximately this afternoon at 4:15 there was a power outage. that outage cause aid shut down of the refinery leading to massive flaring what. people are seeing now are large flares on the top of stack that's are emitting quite a bit of black smoke. it's been upgraded to a level three this, means all people should go inside, and shelter in place. as you go inside, close windows and doors and tune to local media to stay tuned for their instructions.

>> okay. so just how risky is this for people? you're saying everybody, not just folk was breathing problems? >> yes. we ask everybody to go inside. >> how toxic is this smoke? >> well, all smoke is toxic this, is unburnt particulate matter and hydrocarbons just unhealthy to breathe. so that is why we're asking people to shelter in place. >> and and how long should this last? >> it's about impossible to say at this time. >> there is a shelter in place. can you give us the area again? please? >> sure. it's -- the area being asked to shelter in place is pretty much the area directly adjacent and and that is highway 4, 242, that area. >> okay. >> thank you very much. we appreciate the update. >> sure thing. >> and of course, as you look at the pictures and smoke going up into the atmosphere, you can understand that one of the big questions is the wind

wr. does it push that smoke? >> as you can see this is over the bay area. sandhya patel is here now to explain how this working with the wind. >> the wind, cheryl, dan is pushing towards east. you can take a look now at martinez. there is is a pushing smoke east towards concord and clyde. it's a very light wind and this is not blowing very hard. last four hours, out of the west. this is to about to a mile. humidity is 58%. back to you. >> and there is 10,000 people still without power. >> we're going to continue to follow this story to update you as soon as we get information. on to other news. in the south bay, children had to be rushed to the hospital

because of a leak. >> there is a swimming school this afternoon. >> and there is to take us through what happened. >> the swim center is when a sudden chlorine leak filled the air with chlorine fumes. that is what caused the problem. the deck and swim sent jer located in a strip mall in san jose. the leak at the indoor facility happened this afternoon. >> i was in the restaurant, eating. i saw a man come out, coughing and hacking. and kind of heaving. >> people are getting heavy, hard time breathing. kind of nauseous. >> this swim center director says 10-12 children were at the facility at the time and a number of staff. the fire department says 16 people in all were treated and

13 went to the hospital by ambulance. >> chlorine is very irritating and i wanted everybody that inhaled to it go to the hospital and take advantage of it just as a precaution. it doesn't appear there is anything serious. >> investigators say it appears one of the pool's pumps malfunctioned, sending a back up of chlorine into the shallow pool use bid young children. >> we called this a hazardous materials situation meaning we bring special equipment out, evacuate the building. >> the director says the pool pump was only about a year old, and the person in charge of maintenance is looking into how this frightening leak could have happened. >> this is a peace of -- piece of equipment he said in 26 years never seen malfunction before. we're concerned about how anything could malfunction to that extent. we're just beginning our

investigation. >> and this fire department used monitoring equipment to test the air at the center and got a zero chlorine reading before letting anyone back inside. >> and this state attorney general is suing the company making that popular hair straightening product called brazilian blowout accusing the company of not warning customers the product contains formaldehyde, a cancer-causing chemical. lee? >> this hair straighten prog duct is a popular request at salons and profitable, close to $300 per treatment. which is why word it could pose a health hazard has salons nervous it makes hair shiny. >> christine uses the solution on her clients three times a day and has never had a problem with the fumes from the formaldehyde in it.

she considers it one of the safest products in the salon. >> there is bleaches we use, bleaches a lot more harmful thing that's go on the scalp and have to process. those are, to me, being sense toif things like that, i feel more irritation with colors than i do with this. >> this law you suit filed today by the attorney general claims the treatment solution releases high levels of formaldehyde gas. the company claims it's safe. >> there is no warning labels on the product or instructions on how to protect those that might come into contact with the gas. some salons are already providing customer was gas masks as a precaution. >> symptoms can be things like irritation, nose bleeds, headaches. but, more chronic exposure can lead to cancer this, is a known human carcinogn. >> last month, air monitoring tests indicated high levels of

formaldehyde in the air. osha reversed the finding when another round showed levels were below state standards. today the brazilian blowout ceo claims the company's safety. salon owner grant phillips says the blowout has been providing customer was information on the controversy on the company web site. his clients love the product, leaving it safe. >> we still get perms and relaxers and you can have a scent or a fragrance from that, ska zillion, you don't know goitsing on too,. >> the company will have 30 days to file a response to the lawsuit. >> leigh glaser reporting. the cost of the california state education is going up, again, today, trustees approved a 13% -- 15 increase in tuition. 5% in january, and 10% in fall

bringing annual tuition to more than $4800 per year. students say it's going to be hard to cut back more than they have and this will pose a hardship. tuition has gone up about 30% in the past year. saying hikes are needed to offset deep cuts in state funding that have led to staff furloughs, fewer course offerings and enrollments. >> there is more budget pain for california tonight. the state nonpartisan analyst says the hole has grown to a staggering $25.4 billion. that is twice what lawmakers are expecting. $6 million is a short fall. $19 billion is a projected deficit for next year. advocates for public schools say they're concerned. >> this is a very, obviously daunting number coming out today. and education is clearly threatened by that number. no matter what. and they're going to be tough choices people are going have to have make.

>> jerry brown will be forced to deal with the problem in january. and will face a constitutional deadline to present a budget just a week later. >> and tonight, we should finally know who winner is in the oakland mayoral race. the registrar due to announce the vote count at 6:00. we'll have that for you coming up at abc 7 news at 6:00. >> and the passengers aboard that cruise ship stranded at sea by an engine room firing now banned from upper pool deck and casinos plus bars are closed. it's been inconvenient for them. two tug boats are towing the cruise ship to san diego, sparing passengers have having to clear customs. ship expected to arrive in san diego tomorrow, passengers including these newlyweds spoke to the media today. >> anything in closed doors smells like rotten food. lowest grade of living available. >> there is no power on the

ship at all. so a lot of people that are inside cabins it's been pitch black several days. and most of those folks have been up on the decks and a lot of them have been sleeping on the decks with their blankets and so on. >> just miserable for them. we're just hearing from them now. today they got into cell phone range. navy choppers flying in food that doesn't need to be cooked including canned spam and imitation crab meat. >> coming up, the bay area company getting a big raise to its staff in hopes of retaining it's work force. >> despite a set back, a local opera singer has hope m

>> closed captioning brought to you by mancini sleepworld. we want to update you on breaking news in the east way. discharge of the tesoro refinery causing flaring you can see from these pictures

the shelter in place remains in effect for north concord and clyde that. community there called clyde and expected to last another hour or so. about 10,000 people are with out power down from 17,000, it was a power outage that tripped this situation this afternoon. and anyone with breathing -- breathing problems should stay indoors. the health department is recommending everyone in this area stay indoors again in this community of clyde and north concord area near the refinery. >> the pg&e executive who eavesdropped on smart meter critics resigned. he was senior vice president of the controversial smart meter program. last week caught using a fake name, trying to join an online discussion group of people opposed to smart meters. he admitted to trying to join the group. and claims he was trying to get a better understanding of critic concern autos smart meter opponents call the actions outragis and

despicable. >> times are tough for everybody. and google is giving a 10% raise to all 23,000 employees, 10% bump in pay. the "wall street journal" reports it's an effort to keep staff from going to competitors. over the past year several google executives have been hired by facebook. google ceo sent an e mail saying the company wants them to feel rewarded and to attract the very best people possible. this raise taking affect in january. >> there is an update on san francisco opera singer and her battle with stage four cancer. the drug working to keep her alive isn't working as well. so, she's now involved in a trial. and allowing us to follow her journey. and this is to raise awareness for the need for research. >> oh. how are you feel something. >> feeling pretty good.

>> san francisco opera singer is thrilled about the news she's just received from her doctor, dr. heather wakely. she's battling stage four lung cancer. her blood tests came back in the almost-normal range after the first two weeks on a new anticancer drug. in a clinical trial. >> i'm so happy! just like i want to burst. >> her chemotherapy drug had been working well to keep the cancer at bay until just recently. last year she underwent specialized brain radiation from a machine call at washington hospital in fremont. that is where she met the doctor she'd later fall in love with, dr. david larson. the man she says zapped the tumors out of her brain. he's no longer her doctor. >> through here, i can talk and remember everything. and remember all of the words in the songs and the arias i

had to sing. it's just phenomenal. >> she's trying to live her live on her nerms spite of her diagnosis and the side affects of the drug. the day after she started it, she flew to houston, texas to sing in a performance. she was there for a week, came home two days then flew to brazil to sing for a international conference of radiation onconist autos i keep working hard so people like me can keep singing. keep living. and. >> i was diagnosed six yearsing ayochl i just had a scan last week came back good. >> and this lung kangs kanser foundation in 2006 after she made it through grueling treatment. they've organized walk asks runs to raise awareness about the need for funding lung cancer research and early screening. they found it a research

institute of their own. and some hospitals and labs are signing on to share information. and she's raising her voice to help them. because they gave her moral support. >> wow! >> yeah. >> and my head didn't hurt. it's g it's a good thing. 50 yes. >> and that is great. >> perfect pitch, huh? she's going to be singing that song "you'll never walk alone" at the fund-raiser at the fairmont saturday night. and look under see it on tv. hope to see you there. >> she's just delightful. >> yeah. >> great. >> and let's talk about the weather forecast. >> sandhya patel back again.

>> beautiful weather for the next seven days we're expecting dry conditions. if you like rain not to worry. bringing rain back into the forecast. at some point. but not into the next seven days tlchl is a live look. he you can see a beautiful clear sky there. officials sundown 5:02. we do have a couple clouds scattered about. once sun is sets we're expecting clouds to dissipate. here is what it looks like in terms of temperatures now. 50s and 60s, highlights you're looking at colder tonight. pockets of fog. stretch of mild, sunny days that are ahead. warmer than normal conditions for weekend. if you're making plans make them for outdoors. you're going to see 70s popping up. this afternoon a nice breeze keeping skies pretty clear with that wind direction is also bringing in cooler air. so it has been a cool afternoon. upper 50s to mid-60s today.

tonight, you're going to feelt chill. and there is clear skies, 37 degrees in santa rose yachl lir livermore dropping down to 38 degrees. for many parts you're going to see 40s tonight. looking at wider picture here, high pressure is a dry pattern into next week. jet stream well into ka in a da. we're expecting this dry pattern to last. highs for thursday looking like this, a nice day. 67 in san jose. 66 in campbell. on the peninsula, blue skies and all into mid-60s, temperatures up a few degrees from today's highs. pacifica, 60 degrees. downtown is surrounding areas is into 60s. into the north bay, upper 60s around santa rosa. you're

going to benefit a bill bit. you'll warm up nicely. 64 in san rafael. east bay up to 67 in oakland. and there is 67 in concord and livermore. around the bay,mont rairks 64 degrees. here is the accu-weather forecast. we're expecting it to be a sunny day. sunshine repeating day after day. and there is mild afternoons, everybody into 70s sunday. and a holding pattern you can see cooling beginning on tuesday. so it's an extended period. >> just ahead, kidnap victim elizabeth smart wraps up testimony describing how the man who held her captive was a religious hypocrite. >> then, at 6:00 why days of long delays and fire and

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elizabeth smart testified the man who abducted her was a hypocrite using religion to justify her kidnapping and rape. today was smart's third and final day of testimony in salt lake city, utah. 57-year-old brian mitchell is accused of the 2002 kidnapping when smart was 14 years old. her attorneys claim he's mentally hill ill, thinks his actions are directed by god. smart saying god would never tell someone to do the things did he to her, and to her family. if convicted mitchell faces a

life prison sentence. >> there are surprise moves this a washington, d.c. courtroom today in the chandra levy murder trial. prosecutors resting their case. and they were expected to call more witnesses to the stand, which they did not. they dropped an attempted sexual assault and associated murder count against the suspect. attorneys asked the judge to acquit him on the remaining four counts but the judge sthed case can proceed. closing arguments should start

coming up at 6:00 live reports on the tesoro incident as well as a possible winner in the mayor's race. also, some traffic hot spots where commuter koz be facing new tolls in a plan that could get you coming and going. >> and remarkable sailors,

coming up tonight at 6:00. now back to dan and cheryl. >> thank you very much. >> updating you on the top story. the tesoro refinery where you've been seeing flares throwing up a lot of smoke. and this started because of power problems in the area. and about 4:15 today there. is a shelter in place order still in effect in that area of highway 234 that part of the county there. >> the outage sent a lot of material to flares. that is why there is black smoke there. and jand patel is telling bus the wind. >> wind gusts dropped off there. it's calm there. this helped out the situation. >> there is a live report coming up at 6:00. >> bye-bye for now.