Exide Settlement with DTSC Limits (For Now)* Homes that Can Be Tested for Lead, County Supervisors Explore Legal Options
Good news, good people of Maywood, Boyle Heights, and East L.A. who live within the limited assessment areas (see one, above)! The Department of Toxic Substances Control (DTSC) wants you to know that, per a Stipulation and Order settlement reached on November 6 with embattled Vernon-based lead-acid battery recycling plant Exide, if Exide has contaminated your yard with lead, it can be cleaned up at no cost to you! (emphasis theirs)
If your yard has been contaminated with lead, you’re probably not too happy about it, given the connection of lead to developmental delays and learning difficulties in children and a host of physical ailments. And the fact that, per the settlement, Exide has up to five years to clean up your yard and home is probably not helping you feel any better about your situation. Nor is the knowledge that only two yards have been cleaned up since the announcement in February that almost all of the 39 yards and 2 schools tested in the first round of sampling had lead levels in excess of 80 parts per million (the level at which the DTSC requires a clean-up and the state recommends health-related testing).
If your yard doesn’t fall within one of the two (rather small) assessment areas — the designated areas the South Coast Air Quality Management District studies have revealed “to be most likely impacted by Exide’s emissions” — it could be a very long time before your is soil tested or any contamination is cleaned up on Exide’s dime.
According to the settlement, some time in the next four and a half years, Exide must submit “a Residential Corrective Measures Study to address all properties impacted by Facility operations that were not investigated or remediated during the initial five-year period” or part of the recently approved Interim Measures Work Plan (IMWP) Exide drafted to guide its clean-up procedures.
Any contamination found on any additional properties, as best I can tell from the settlement, would need to be addressed within a 10-year period and paid for with funds set aside by Exide for that purpose (see pp. 11-12 for details; clarification on future remediation plans will follow next week).
Which is something that may not sound as reassuring as the DTSC hopes, given their official responses to public comments on the draft IMWP, released this past Wednesday, November 19th (two weeks after the settlement was made), and the particularly large emissions footprint Exide is estimated to have (below). Read more…