Just after I got word yesterday that the Department of Toxic Substances Control (DTSC) had determined that Exide Technologies’ third application for a formal permit to handle hazardous waste at their lead-acid battery recycling facility in Vernon was deficient, an email popped into my inbox from State Senator Ricardo Lara’s office.
Lara’s press release touted yesterday’s advancement of his bill, SB 712, from the Assembly Environmental Safety and Toxic Materials Committee. The bill requires that Exide, which has operated in Vernon for 14 years with an interim permit from the DTSC, achieve compliance with federal and state hazardous waste laws by December 31, 2015 or be shut down.
The need for such a bill seemed strange — did we really need a bill to ask a corporation to comply with laws already on the books?
According to Lara, yes.
In the bill first presented before the Senate Committee on Environmental Quality this past January, he notes that, “There appear to be no repercussions for a facility that does not have a current and up-to-date permit [to handle hazardous waste] in place. In fact, there seem to be advantages to the facility by having the process continued for as long as possible under an interim or previous permit because a new permit is likely to require more stringent conditions and/or mitigation measures.”
It’s hard to argue with that reasoning.
Exide took over operations at the Vernon site from Gould-National Battery (GNB) in 2000, but apparently didn’t begin to draft an application for a formal permit until 2006. Meanwhile, they had already been fined by the DTSC in 2003 and 2004 for improper storage of the batteries, a lead-contaminated drainage channel, and failing to clean up public areas (sidewalks, etc.).
And, while their draft permit application seemingly went nowhere until it was submitted in 2011, Exide continued to violate air quality and other standards, even being charged with “contribut[ing] through deposition approximately 424 lbs. of lead in both 2004 and 2005, and 712 lbs. of lead in 2006 to the watershed.” Read more…