STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES CONTROL
In the Matter of: Heraeus Metal Processing, Inc . 13429 Alondra Blvd., Santa Fe Springs, CA 90670
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Docket HWCA Ag 01./02-3001 CONSENT ORDER Health and Safety Code Section 25187
EPA ID # CAD 060 398 229 Respondent
The State Department of Toxic Substances Control (Department) and Heraeus Metal. Processing, Inc
(Respondent)
enter into this Consent Order. and agree as follows : 1 . Respondent generates, handles, treats, and stores hazardous waste at 13429 Alondra Boulevard, Santa Fe Springs, California 90670 (Site)
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1 1. The Department authorized Respondent to store,
treat, and transfer hazardous waste under a Standardized Hazardous Waste Facility Permit, Series B issued on June 2, 1998 and modified on September 18, 2000 to reflect the Respondent as the new owner and operator of the Site 2
The Department inspected the Site on February 28,
3
The Department alleges the following violations:
2001
3 1
The Respondent vlolated the Health and Safety
Code, section 25202 (a) and its Standardized Hazardous Waste
Facility Permit, Parts I-.6(b) and 11-12, in that Respondent stored hazardous waste in an unauthorized area, to wit: one fifty-five-gall.on drum identified as containing lead-bearing solder dross was stored in the Resin North Warehouse, an unauthorized Hazardous Waste Storage A r e a The lead-bearing solder dross was stored for 439 days beginning July 7, 2000 until September 26, 2001,, 3 2 ~Respondent viol.ated the ~aliforniaCode of Regulations, title 22, section
6626220(a), in that Respondent
failed to manifest a hazardous waste, to wit: Respondent offered one fifty-five-gallon drum of lead-bearing solder dross for transport under a bill of lading instead of a hazardous waste
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manifest ., 3 . 3
Respondent viblated the Cal.ifornia Code of
Regulations, title 22, section
66264.73(b)(1)(2), in that
Respondent failed to have an adequate operating record, to wit: for at least three years (1998, 1999, and 2000), Respondent did not record and maintain its daily operating record for the hazardous waste stored in its Hazardous Waste Storage Area located in the northern half of the 13409 Alondra Boulevard building 4
A dispute exists regarding the alleged violations
5
The parties wish to avoid the expense of litigation
and to ensure prompt compliance. 6
Jurisdiction exists pursuant to Health and Safety
Code section 25187
7
Respondent waives any right to a hearing in this
8
This Consent Order shall constitute full settlement
matter
of the violations alleged above, but does not limit the Department from taking appropriate enforcement action concerni.ng other violations 9
Respondent admits the violations described above. SCHEDULE FOR COMPLIANCE
10
Respondent shall comp1.y with the following:
1 1.0.1
Effective immediately, Respondent shall cease
storing hazardous waste in its North Resin Warehouse that is not destined for precious metal reclamation in its industrial furnaces, pursuant to California Code of Regulations, title 22,
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sectlon 66266 100(f),or iri any area not authorized by the Department
10.1. 2
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Effective immediately, Respondent shall
prepare a new manifest for shipment of a hazardous waste and send waste to an authorized Hazardous Waste Facility, if Respondent. accepted a hazardous waste and discovered a discrepancy after signing the manifest ,,
10.1. 3 .
Effective immediate1y, Respondent shall
maintain an operating record for its hazardous waste stored in its Hazardous Waste Storage Area located in the northern half of the 13409 Alondra Boulevard building
The operating record shall
include the following information: a.. received;
a description and quantity of each hazardous waste
b
the method and date of transfer, treatment,
storage, or disposal; and C.
cross-references to specific manifest numbers Submittals: All submitta1.s from Respondent
10 2
pursuant to this Consent Order shall be sent to: Florence Gharibian, Chief Southern California Branch Statewide Compliance Di.vision Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201 10 3
Communications:
All approvals and decisions of
the Department made regarding such submittals and notifications shall be communicated to Respondent in writing by a Branch Chief, Department of Toxic Substances Control, or his/her designee
No
informal advice, guidance, su3gestions, or comments by the
..
Department regarding reports, plans, specifications, schedules, or any other writings by Respondent shall be construed to relieve Respondent of its obligation to obtain such formal approvals as may be required, 1 . 0 ~ 4
Dewartment Review and Apuroval:
If the
Department determines that any report, plan, schedule, or other document submitted for approval pursuant to thi.s Consent Order fails to comply with the Order or fails to protect public health or safety or the environment, the Department may return the document to Respondent with recommended changes and a date by which Respondent must submit to the Department a revised document incorporating the recommended changes 1 0 5
Comwliance with Awulicable Laws:
Respondent
shall carry out this Order in compliance with all local, State,
and federal requirements, hcluding but not limited to requirements to obtain permits and to assure worker safety. 10 6
Endanqerment durinq ~mplementation: In the
event that the Department determines that any circumstances or activity (whether or not pursued in compliance with this Consent Order) are creating an imminent or substantial endangerment to the health or welfare of peop1.e on the site or in the surrounding area or to the environment, the Department may order Respondent to stop further implementati.on for such period of time as needed to abate the endangerment
Any deadline in this Consent Order
directly affected by a Stop Work Order under this section shall be extended for the term of such Stop Work Order,, 107
Liabilitv:
Nothing in this Consent Order shall .
..
constitute or be ronstrued.as,a satisfaction or release from liability for any conditions 6 r claims arising as a result of past, current, or future operations of Respondent, except as provided in this Consent Order, Notwithstanding compliance with the terms of this Consent Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or the environment,, 1 . 08
Site Access:
Access to the Site shall be
provided at all reasonable times to employees, contractors, and consultants of the Department, and any agency having jurisdiction. Nothing in this Consent Order is intended to limit in any way the right of entry or inspection that any agency may otherwise have by operation of any law^
The Department and its
authorized representatives may enter and move freely about all property at the Site at all reasonable times for purposes
including but not limited to: inspecting records, operating logs, and contracts relating to the Site; reviewing the progress of Respondent in carrying out the terms of this Consent Order; and conducting such tests as the Department may deem necessary, Respondent shall permit such persons to inspect and copy all records, documents, and other writings, including all sampling and monitoring data, in any way pertaining to work undertaken pursuant to this Consent Order 10 9
Samulinq, Data, and Document Availability:
Respondent shall permit the Department and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Consent Order;'. Respondent shall allow the Department and its authorized'representatives
to take duplicates
of any samples collected by Respondent pursuant to this Consent Order
,
Respondent shall maintain a central depository of the
data, reports, and other documents prepared pursuant to this Consent Order
All such data, reports, and other documents shall
be preserved by Respondent for a minimum of six years after the conclusion of all activities under this Consent Order
If the
Department requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the Department, or permit the Department to copy the documents prior to
destruction^
Respondent shall notify the Department in
writing at least six months prior to destroying any documents prepared pursuant to this Consent Order.
10 1 0
Government Liabilities:
The State of
California shall not be liable for injuries or damages to persons or property resulting from acts or omissi.ons by Respondent or related parties specified in paragraph 12 3 , in carrying out activities pursuant to thi.s Consent Order, nor shall, the State of California be he1.d as a party to any contract entered into by Respondent or its agents in carrying out acti.vities pursuant to this Consent Order 1011
Incorporation of Plans and Reports:
All plans,
schedules, and reports that require Department approval and are submitted by Respondent pursuant to this Consent Order are incorporated in this Consent Order. upon approval by the Department 1 0 . 1 2 Extension Re'auests:
If Respondent is unable to
perform any activity or. submi:* any document within the time required under thi.s Consent Order, the Respondent may, prior to expiration of the time, request an extension of time in writing: The extensi.on request shall include a justification for the delay, 1013
Extension Auurovals:
If the Department
determines that good cause exists for an extension, it will grant the request and specify in writing a new compli.ance schedu1.e PAYMENTS 11.
Within 30 days of the effective date of this
Consent Order, Respondent shall. pay the Department a total of $15,760 Respondent's check shall be made payable to Department of Toxic Substances Control, and shall be del.ivered together with the attached Payment Voucher to:
Department of Toxic Substances Control Accounting Office 1001 I Street, 21st floor P 0 Box 806 Sacramento, California 95812-0806 A photocopy of the check shall be sent: To: Florence Gharibian, Chief Southern California Branch Statewide Compliance Division Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201 To:
Harrison Pollak, Deputy Attorney General Department of Justice Office of the Attorney General P 0. Box 70550 Oakland, California 94612
To:
Debra Schwartz, Staff Counsel Office of Legal Counsel Department of Toxic Substances Control 1011 North GrapJiew Avenue Glendale, California 91201
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If Respondent fails to make payment as provided above, Respondent agrees to pay interest at the rate established pursuant to Health and Safety Code section 25360 1 and to pay all costs incurred by the Department in pursuing col.lection including attorney's fees
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OTHER PROVISIONS 1 2 ~ 1 . .Additional Enforcement Actions:
By agreeing to
this Consent Order, the Department does not waive the right to take further enforcement actions, except to the extent provided in this Consent Order 12 2 . Penalties for Noncom~liance: Failure to comply with the terms of this Consent Order may subject Respondent to civil penalties and/or punitive damages for any costs incurred by the Department or other government agencies as a result of such
failure, as provided by Health and Safety Code section 25188 and other applicable provisions of law 12 3 .
Parties Bound:
This Consent Order shall app1.y
to and be binding upon Respondent and its officers, directors, agents, receivers, trustees, employees, contractors, consultants, successors, and assignees, including but not limited to individuals, partners, and subsidiary and parent corporations, and upon the Department and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Consent Order 12
4
Effective Date:
The effective date of this
consent Order is the date i.t is si.gned by the Department This agreement constitutes the 1.2~5 Intesration: ~ entire agreement between the Garties and may not be amended, supplemented, or modi.fied, ex>ept as provided in this agreement, 1.2~6.
Com~liancewith Waste Discharse Rewireme-:
Respondent shall comply wi.th all. applicable waste discharge requirements issued by the State Water Resources Control Board or a California regional water qu+lity control board
Dated:~/&Lo3
Original signed by_-facilityrepresentative Responvent - -
Dated:
-8/27/03-
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Original signed by Florence Gharibian Florence Gharibian, Chief Southern California Branch Statewide Compliance Division Department of Toxic Substances Control
STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES CONTROL
Docket HWCA 2004 0484
In the Matter of: Heraeus Metal Processing, Inc. 13429 Alondra Boulevard Santa Fe Springs, California 90670
CONSENT ORDER Health and Safety Code Section 25187
EPA ID no. CAD 060398229
Respondent.
INTRODUCTION The State Department of Toxic Substances Control (Department) and Heraeus Metal Processing, Inc. (Respondent) enter into this Consent Order and agree as follows: 1. Respondent generates, handles, treats, stores and transfers solid and hazardous waste at 13429 Alondra Boulevard, Santa Fe Springs, California 90670 (Site). 2. The Department authorized PGP Industries to store, treat, and transfer hazardous waste at the Site under a Standardized Hazardous Waste Facility Permit, Series B, issued on June 2, 1998 (“Permit”), and its Final Decision and Order Granting Appeal, Docket No. HWCA 99/00-P003, issued on November 9, 1999. The Permit was modified on September 18, 2000, to reflect the Respondent as the current owner and operator of the Site. The Permit was further modified on October 31, 2006. Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)
3. The Department inspected the Site on January 20, 21, 22, 26 and 29, 2004. 4. A dispute exists regarding the violations alleged in this Consent Order. 5. The parties wish to avoid the expense of litigation and to ensure prompt compliance. 6. Jurisdiction exists pursuant to Health and Safety Code section 25187. 7. Respondent waives any right to a hearing in this matter. 8. This Consent Order shall constitute full settlement of the violations alleged below, but does not limit the Department from taking appropriate enforcement action concerning other violations. VIOLATIONS 9. The Department alleges the following violations: 9.1. Respondent violated Health and Safety Code section 25202, subdivision (a), and its Standardized Hazardous Waste Facility Permit, Part II, 3, in that in June and July 2002, Respondent exceeded the permitted treatment capacity of 100,000 pounds of solid hazardous waste per month. 9.2. Respondent violated California Code of Regulations, title 22, section 66264.13, subdivision (a)(1), in that on or about January 20, 2004, Respondent failed to obtain a detailed chemical analysis of a representative sample of the incoming hazardous waste. 9.3. Respondent violated Health and Safety Code section 25202, and its Standardized Hazardous Waste Facility Permit, Part II, 1, in that on or about January 20, 2004, Respondent stored hazardous waste at unauthorized areas. Respondent violated California Code of Regulations, title 22, section 66264.15, subdivision (b)(3), in that on or about January 22, 2004, Respondent’s Inspection Schedule failed to identify the types of problems that are to be looked for during an Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)
inspection. The Inspection Schedule did not list the safety and communication equipment. SCHEDULE FOR COMPLIANCE 10. Respondent shall comply with the following: 10.1. Effective immediately, Respondent shall not treat waste exceeding its permitted treatment capacity as specified in the permit Part II Special Conditions, section 3. 10.2. Effective immediately, Respondent shall perform analysis of incoming hazardous waste in accordance with the modified Waste Analysis Plan (WAP) that was submitted to the Department on April 6, 2006, and approved on October 31, 2006. 10.3. Effective immediately, Respondent shall not store hazardous wastes at unauthorized areas. 10.4. Effective immediately, Respondent shall include in its Inspection Schedule a list of all the emergency equipment to be inspected. Respondent shall identify the types of problems to be looking for in an inspection in its Inspection Schedule. 10.5. Effective immediately, Respondent shall develop a schedule and procedures for assessing tank and containment condition. 11. Submittals: Except as specified elsewhere, submittals from Respondent pursuant to this Consent Order shall be sent to: Florence Gharibian Supervising I Hazardous Substances Scientist Statewide Compliance Division Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201 Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)
12. Communications: All approvals and decisions of the Department made regarding such submittals and notifications shall be communicated to Respondent in writing by a Branch Chief, Department of Toxic Substances Control, or his/her designee. No informal advice, guidance, suggestions, or comments by the Department regarding reports, plans, specifications, schedules, or any other writings by Respondent shall be construed to relieve Respondent of its obligation to obtain such formal approvals as may be required. 13. Department Review and Approval: If the Department determines that any report, plan, schedule, or other document submitted for approval pursuant to this Consent Order fails to comply with the Order or fails to protect public health or safety or the environment, the Department may return the document to Respondent with recommended changes and a date by which Respondent must submit to the Department a revised document incorporating the recommended changes. 14. Compliance with Applicable Laws: Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 15. Endangerment during Implementation: In the event that the Department determines that any circumstances or activity (whether or not pursued in compliance with this Consent Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the Department may order Respondent to stop further implementation for such period of time as needed to abate the endangerment. Any deadline in this Consent Order directly Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)
affected by a Stop Work Order under this section shall be extended for the term of such Stop Work Order. 16. Liability: Nothing in this Consent Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent, except as provided in this Consent Order. Notwithstanding compliance with the terms of this Consent Order, Respondent may be required to take further actions as are necessary to protect public health or welfare or the environment. 17. Site Access: Access to the Site shall be provided at all reasonable times to employees, contractors, and consultants of the Department, and any agency having jurisdiction. Nothing in this Consent Order is intended to limit in any way the right of entry or inspection that any agency may otherwise have by operation of any law. The Department and its authorized representatives may enter and move freely about all property at the Site at all reasonable times for purposes including, but not limited to: inspecting records, operating logs, and contracts relating to the Site; reviewing the progress of Respondent in carrying out the terms of this Consent Order; and conducting such tests as the Department may deem necessary. Respondent shall permit such persons to inspect and copy all records, documents, and other writings, including all sampling and monitoring data, in any way pertaining to work undertaken pursuant to this Consent Order. 18. Sampling, Data, and Document Availability: Respondent shall permit the Department and its authorized representatives to inspect and copy all sampling, testing, Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)
monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Consent Order. Respondent shall allow the Department and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Consent Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Consent Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of six years after the conclusion of all activities under this Consent Order. If the Department requests that some or all of these documents be preserved for a longer period of time, Respondent shall either comply with that request, deliver the documents to the Department, or permit the Department to copy the documents prior to destruction. Respondent shall notify the Department in writing at least six months prior to destroying any documents prepared pursuant to this Consent Order. 19. Government Liabilities: The State of California shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties specified in paragraph 29, in carrying out activities pursuant to this Consent Order, nor shall the State of California be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to this Consent Order. 20. Incorporation of Plans and Reports: All plans, schedules, and reports that require Department approval and are submitted by Respondent pursuant to this
Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)
Consent Order are incorporated in this Consent Order upon approval by the Department. 21. Extension Requests: If Respondent is unable to perform any activity or submit any document within the time required under this Consent Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 22. Extension Approvals: If the Department determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. PAYMENTS 23. Within 30 days of the effective date of this Consent Order, Respondent shall pay the Department a total amount of $37,000. 24. Respondent's check shall be made payable to Department of Toxic Substances Control, and shall be delivered together with the attached Payment Voucher to: Department of Toxic Substances Control Accounting Office 1001 I Street, 21st floor P. O. Box 806 Sacramento, California 95812-0806 25. Photocopies of the check shall be sent to: Florence Gharibian Supervising Hazardous Substances Scientist Statewide Compliance Division Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201 Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)
Debra Schwartz, Esq. Staff Counsel Office of Legal Counsel and Investigations Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201
26. If Respondent fails to make payment as provided above, Respondent agrees to pay interest at the rate established pursuant to Health and Safety Code section 25360.1 and to pay all costs incurred by the Department in pursuing collection including attorney's fees. OTHER PROVISIONS 27. Additional Enforcement Actions: By agreeing to this Consent Order, the Department does not waive the right to take further enforcement actions, except to the extent provided in this Consent Order. 28. Penalties for Noncompliance: Failure to comply with the terms of this Consent Order may subject Respondent to civil penalties and punitive damages for any costs incurred by the Department or other government agencies as a result of such failure, as provided by Health and Safety Code section 25188 and other applicable provisions of law. 29. Parties Bound: This Consent Order shall apply to and be binding upon Respondent and its officers, directors, agents, receivers, trustees, employees, contractors, consultants, successors, and assignees, including but not limited to individuals, partners, and subsidiary and parent corporations, and upon the Department and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Consent Order. 30. Effective Date: The effective date of this Consent Order is the date it is signed by the Department.
Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)
31. Integration: This agreement constitutes the entire agreement between the parties and may not be amended, supplemented, or modified, except as provided in this agreement.
32. Compliance with Waste Discharge Requirements: Respondent shall comply with all applicable waste discharge requirements issued by the State Water Resources Control Board or a California regional water quality control board.
Dated: __12/21/2006__
Original signed by Uli Blankenstein Uli Blankenstein Vice President & Chief Financial Officer Heraeus Metal Processing, Inc.
Dated: ___1/3/2007___
Original signed by Florence Gharibian Florence Gharibian, Chief Southern California Branch Statewide Compliance Division Department of Toxic Substances Control
Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)
NOTE: THIS CONSENT ORDER WAS ASSIGNED A NEW DOCKET NO. HWCA 2007-1290.
Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)
STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES CONTROL
In the Matter of:
Docket HWCA 2007-1381
Heraeus Metal Processing, Inc. 13429 Alondra Boulevard Santa Fe Springs, California 90670
CONSENT ORDER
EPA ID No. CAD 060398229 Health and Safety Code Section 25187
Respondent.
1. INTRODUCTION 1.1. Parties. The California Department of Toxic Substances Control (Department) and Heraeus Metal Processing, Inc. (Respondent) enter into this Consent Order (Order) and agree as follows: 1.2. Site. Respondent generates, handles, treats and stores hazardous waste at the following site: 13429 Alondra Boulevard, Santa Fe Springs, California 90670. 1.3. Inspection. The Department inspected the Site on March 19, 20, 21, 22 and 27, 2007. 1.4. Authorization Status. Respondent is a precious metal recycler operating under its Standardized Hazardous Waste Permit, Series B and Granted Appeal, Docket No. HWCA 99/00-P003. 1.5. Jurisdiction. Health and Safety Code section 25187, authorizes the Department to order action necessary to correct violations and to assess a penalty when the Department determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto.
1.6. Full Settlement. This Order shall constitute full settlement of the violations alleged below. The Parties, and each of them, agree that this Order, and all of the terms contained herein, are fair, reasonable, and in the public interest. By agreeing to this Order, the Department does not waive any right to take other enforcement actions except as specifically provided in this Order. 1.7. Hearing. Respondent waives any and all rights to a hearing in this matter. 2. VIOLATIONS ALLEGED 2.1. The Department alleges the following violations: 2.1.1. Respondent violated California Code of Regulations, title 22, section 66264.15, in that on or about March 19, 2007, Respondent failed to follow its inspection schedule. 2.1.2. Respondent violated California Code of Regulations, title 22, section 66264.13, subsection (b) and its Waste Analysis Plan, sections 3.2.1 and 2.2.2, in that on or about March 19, 2007, Respondent failed to follow its approved Waste Analysis Plan. 3. SCHEDULE FOR COMPLIANCE 3.1. Respondent shall comply with the following: 3.1.1. Effective immediately, Respondent shall adequately record the problems and corrective actions taken or to be taken in its daily inspection logs and repair units on a timely manner. 3.1.2. Effective immediately, Respondent shall re-evaluate all incoming waste if analysis indicates that the waste received is different from the waste profile or preacceptance documents. 3.2. Respondent shall make all payments at the time(s) and in accord with any other conditions set forth in Section 5 (Penalty) below. 4. OTHER PROVISIONS 4.1. Liability. Nothing in this Order shall constitute or be construed as a -2-
satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent, except as provided in this Order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take such further actions as are necessary to protect public health or welfare or the environment. 4.2. Penalties for Noncompliance. Failure to comply with the terms of this Order may subject Respondent to costs, penalties and/or damages, as provided by Health and Safety Code, section 25188, and other applicable provisions of law. 4.3. Parties Bound. This Order shall apply to and be binding upon Respondent and its officers, directors, agents, employees, contractors, consultants, receivers, trustees, successors, and assignees, including but not limited to individuals, partners, and subsidiary and parent corporations, and upon the Department and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Order. 4.8. Integration. This agreement constitutes the entire agreement between the parties and may not be amended, supplemented, or modified, except as provided in this Order. 5. PENALTY 5.1. Respondent shall pay the Department the total sum of twenty-one thousand dollars ($21,000), in penalty. 5.2. Payment of the total sum specified in paragraph 5.1 is due within 30 days from the effective date of this Order. 5.3. Respondent's check(s) shall be made payable to Department of Toxic Substances Control, shall identify the Respondent and Docket Number, as shown in the caption of this case, and shall be delivered together with the attached Payment Voucher to:
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Department of Toxic Substances Control Accounting Office 1001 I Street, 21st floor P. O. Box 806 Sacramento, California 95812-0806 A photocopy of the check(s) shall be sent to:
Mukul Agarwal, Unit Chief Enforcement and Emergency Response Program Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201 And Ramon Perez, Esq. Office of Legal Counsel Department of Toxic Substances Control 9174 Sky Park Court, Suite 150 San Diego, California 92123 5.4. If Respondent fails to make payment as provided above, Respondent agrees to pay interest at the rate established pursuant to Health and Safety Code section 25360.1, and to pay all costs incurred by the Department in pursuing collection including attorney's fees.
6. EFFECTIVE DATE 6.1. The effective date of this Order is the date it is signed by the Department.
Dated:
8/16/07
Original signed by Curtis Mello Curtis Mello, Vice President Heraeus Metal Processing, Inc.
Dated:
8/28/07
Original signed by Mukul Agarwalq Mukul Agarwal, Unit Chief Department of Toxic Substances Control
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STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES CONTROL In the Matter of:
Docket HWCA 2008 1763
Heraeus Metal Processing, Inc. 13429 Alondra Boulevard Santa Fe Springs, California 90670
CONSENT ORDER
EPA ID No. CAD060398229 Health and Safety Code Section 25187 Respondent. 1. INTRODUCTION 1.1. Parties. The California Department of Toxic Substances Control (Department) and Heraeus Metal Processing, Inc. (Respondent) enter into this Consent Order (Order) and agree as follows: 1.2. Site. Respondent generates, handles, treats and stores hazardous waste at the following site: 13429 Alondra Boulevard, Santa Fe Springs, California 90670. 1.3. Inspection. The Department inspected the Site on June 17, 18, 19 and August 7, 2008. 1.4. Authorization Status. Respondent is a precious metal recycler operating under its Standardized Hazardous Waste Permit, Series B and Granted Appeal, Docket No. HWCA 99/00-P003. 1.5. Jurisdiction. Health and Safety Code, section 25187, authorizes the Department to order action necessary to correct violations and to assess a penalty when the Department determines that any person has violated specified provisions of the Health and Safety Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. 1.6. Full Settlement. This Order shall constitute full settlement of the violations alleged below. The Parties, and each of them, agree that this Order, and all of the terms contained herein, are fair, reasonable, and in the public interest. By agreeing to
this Order, the Department does not waive any right to take other enforcement actions except as specifically provided in this Order. 1.7. Hearing. Respondent waives any and all rights to a hearing in this matter. 2. VIOLATIONS ALLEGED 2.1. The Department alleges the following violations: 2.1.1. Respondent violated California Code of Regulations, title 22, section 66264.191(a), 66264.191(i)(8) and 66264.191(i)(9), in that on or about June 17, 2008, Respondent failed to remedy tank discrepancies identified in the 2003, 2004 and 2007 tank certifications. There were thirty-two (32) aboveground tanks located in the Refinery Building which were not anchored for seismic loads. 3. SCHEDULE FOR COMPLIANCE 3.1. Respondent shall comply with the following: 3.1.1. Within forty-five five days, upon receipt of this Order, Respondent shall submit to the Department a timeframe for tank assessment including proper anchorage and replacement of tanks. 3.2. Respondent shall make all payments at the time(s) and in accord with any other conditions set forth in Section 5 (Penalty) below. 4. OTHER PROVISIONS 4.1. Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent, except as provided in this Order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take such further actions as are necessary to protect public health or welfare or the environment. 4.2. Penalties for Noncompliance. Failure to comply with the terms of this Order may subject Respondent to costs, penalties and/or damages, as provided by Health and Safety Code, section 25188, and other applicable provisions of law. 4.3. Parties Bound. This Order shall apply to and be binding upon Respondent and its officers, directors, agents, employees, contractors, consultants, receivers,
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trustees, successors, and assignees, including but not limited to individuals, partners, and subsidiary and parent corporations, and upon the Department and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Order. 4.8. Integration. This agreement constitutes the entire agreement between the parties and may not be amended, supplemented, or modified, except as provided in this Order. 5. PENALTY 5.1. Respondent shall pay the Department the total sum of thirty-five thousand dollars ($35,000), in penalty. 5.2. Payment of the total sum specified in paragraph 5.1 is due within 30 days from the effective date of this Order. 5.3. Respondent's check(s) shall be made payable to Department of Toxic Substances Control, shall identify the Respondent and Docket Number, as shown in the caption of this case, and shall be delivered together with the attached Payment Voucher to: Department of Toxic Substances Control Accounting Office 1001 I Street, 21st floor P. O. Box 806 Sacramento, California 95812-0806 A photocopy of the check(s) shall be sent to: Mukul Agarwal, Unit Chief Enforcement and Emergency Response Program Department of Toxic Substances Control 9211 Oakdale Avenue Chatsworth, California 91311 5.4. If Respondent fails to make payment as provided above, Respondent agrees to pay interest at the rate established pursuant to Health and Safety Code, section 25360.1, and to pay all costs incurred by the Department in pursuing collection including attorney's fees.
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6. EFFECTIVE DATE 6.1. The effective date of this Order is the date it is signed by the Department.
Dated:
Dated:
12/19/08
12/26/08
Original signed by Curtis Mello Curtis Mello, Vice President Heraeus Metal Processing, Inc.
Original signed by Mukul Agarwal Mukul Agarwal, Unit Chief Department of Toxic Substances Control
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