The state Department of Toxic Substances Control (DTSC) sued ten companies connected to a now-closed battery recycling plant, accusing them of spewing dangerous heavy metals and other toxins in the air, on the ground, and in the water. The complaint alleges that the toxins caused widespread contamination and harm to thousands of nearby residents.
“During operation, the facility received used lead-acid batteries and other lead-bearing materials and recycled them to recover lead and polypropylene,” said Barbara Zumwalt, information officer with the DTSC. “The soil contamination is from the aerial deposition of emissions from decades of secondary smelting operations at the facility.”
The facility in Vernon, formerly owned by Exide from 2000 to 2015, began recycling used lead-acid batteries and other lead-bearing materials in 1922 to recover lead and polypropylene.
“DTSC is deeply concerned about the people who live, work and visit the area impacted by contamination and has steadfastly worked to clean up contaminated soil from sensitive-use parcels,” Zumwalt told the Southern California Record. “One of DTSC’s top priorities is to make sure polluters pay for the contamination they leave behind, ensuring the protection of California’s people and the environment from contamination’s harmful effects.”
As previously reported, Exide has filed for bankruptcy and is not a named defendant in DTSC’s lawsuit, leaving taxpayers to pay for the cleanup.
“The State continues to hold Exide Technologies LLC accountable by appealing the bankruptcy court’s recent order that allows Exide to walk away from its obligations,” Zumwalt said. “Additionally, DTSC is working with California’s Office of the Attorney General to hold accountable additional parties that sent or transported large quantities of hazardous substances to the facility.”
Defendants named in the complaint, which was filed in the Central District of California federal court on Dec. 14, include NL Industries, JX Nippon Mining & Metals Corporation, Gould Electronics, Kinsbursky Bros. Supply, Trojan Battery Company, Ramcar Batteries, Clarios, Quemetco, International Metals Ekco, and Blount.
“DTSC has overseen cleanup of 2,213 residential parcels with the highest concentration of lead in the soil as of December 26, 2020, and 25 field crews are currently conducting cleanups,” said Zumwalt. “With the available state funding, DTSC will clean up to 3,200 sensitive-use parcels with representative soil lead concentration above 300 parts per million by December 2021.”
DTSC is seeking more than $136 million in cleanup expenses.
“DTSC is overseeing closure of the facility, Phase I of which is now about 65 percent complete,” Zumwalt said. “We meet regularly with the Vernon Environmental Restoration Trust, which was assigned by the bankruptcy court to close the facility.”
As for the offsite residential cleanup, the state has allocated $260 million for cleanup, and DTSC estimates it can clean up to 3,200 of the most contaminated parcels with the funds, according to DTSC data. Some 10,000 parcels may be contaminated in a 1.7-mile radius around the former Vernon facility.
“DTSC fined Exide multiple times for violating hazardous waste laws and Exide began implementing phased corrective action activities in accordance with a 2002 Corrective Action Consent Order with DTSC,” Zumwalt added. “In April 2015, DTSC informed Exide of its plans to deny the permit application, and Exide withdrew its application for a Hazardous Waste Facility Permit. DTSC terminated the facility’s interim status authorization to manage hazardous waste in May 2015.”