News Release
T – 15 – 22
Meredith Williams, Director
FOR IMMEDIATE RELEASE
December 13, 2022
Contact: Elizabeth Leslie-Gassaway
(916) 282-8941
Elizabeth.leslie-gassaway@dtsc.ca.gov
LA-Area Battery Recycling Company Quemetco Agrees to Fix Violations and Pay Multimillion Dollar Settlement
SACRAMENTO – The Department of Toxic Substances Control (DTSC) and Quemetco have filed a proposed civil settlement agreement resolving years of violations of state environmental laws. The operators of the Quemetco battery recycling facility in the City of Industry agree to undertake corrective measures, acknowledge liability and pay a penalty, with over $1 million of it going to support local environmental justice projects.
Quemetco will upgrade its facility and pay $2.3 million to settle enforcement actions brought by DTSC. The settlement resolves violations documented during onsite inspections between 2015 and 2018, including a non-functioning leak-detection system; failure to construct an adequate groundwater monitoring system; and failure to minimize possible hazardous waste releases into the environment. DTSC filed a civil complaint against Quemetco in 2018 regarding these and other violations.
The agreement also addresses a field audit of groundwater monitoring as well as a multi-agency inspection led by the U.S. Environmental Protection Agency. The California Attorney General’s Office filed the proposed settlement agreement on behalf of DTSC in Los Angeles County Superior Court on Dec. 12, 2022.
“We are pleased to have achieved a result that does so much for impacted communities surrounding the facility,” said DTSC Director Dr. Meredith Williams. “Under DTSC’s oversight, Quemetco will make facility improvements that better protect its neighbors and the environment and will pay for programs that benefit the entire community. DTSC is incorporating similar plans into enforcement actions more frequently because they deliver resources directly to meet the unique needs of nearby residents.”
Once approved by the court, the settlement agreement directs Quemetco to pay $1.15 million in civil penalties to DTSC. Quemetco will also pay $575,000 each to Nature for All and the California School-Based Health Alliance, community-based organizations under DTSC’s Supplemental Environmental Project policy.
With these funds, Nature for All will implement its leadership development program in the community around Quemetco. The program will improve participant’s knowledge of environmental issues affecting the neighborhoods, including health, toxics, and water quality impact on the community.
“Nature for All will use this settlement award to work with local community members and further our mission to develop a new diverse generation of environmental leaders who care for and deserve access to nature and safe spaces that contribute to their public health and well-being,” said Executive Director Belén Bernal. “We are grateful for the many efforts of DTSC holding toxic violators accountable and addressing these long-standing environmental concerns for the region.”
The California School-Based Health Alliance (CSHA) will work with schools and communities in the impacted area to promote school health initiatives. CSHA will use these funds to strengthen current school health resources by building a health promotion campaign that will engage school communities, with the aim of improving health and academic outcomes.
“The California School-Based Health Alliance is eager to direct these funds toward school health partners in the affected communities so they can increase health education initiatives with students, staff and parents at local public schools,” said Sergio J. Morales, Executive Director of the California School-Based Health Alliance. “Educating young people about the health impacts in their immediate environment is key to providing them with a healthier future so they can succeed and thrive.”
Supplemental environmental projects are environmentally beneficial projects that defendants agree to undertake as part of a settlement of an enforcement action. DTSC has broad discretion to settle enforcement actions, including when to include such projects as part of administrative orders or civil judgments. To further DTSC’s statutory mandate to protect public health and the environment, these projects may be included in settlements of any enforcement actions in which administrative or civil penalties are assessed.
As part of this settlement, Quemetco is required to upgrade its facility, including DTSC-approved improvements to the batch house, installing new monitoring wells, and decommissioning old ones; along with compliance with their current permit and any future conditions that DTSC may impose.
DTSC continues to evaluate Quemetco’s permit renewal application and plans to issue a draft decision for public comment early next year. DTSC’s evaluation includes Quemetco’s design and operations plans, compliance history, and ability to pay for cleaning up its site should the facility stop operating. DTSC will provide the draft documents for public review and provide meaningful opportunity for community members and the public to weigh in on the draft decision.
The settlement will become effective upon approval by the court. Once approved by the court, DTSC will hold a public workshop to review details of the agreement.
For more information on the settlement, please see DTSC’s EnviroStor database.
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FOR GENERAL INQUIRIES: Contact the Department of Toxic Substances Control to report illegal handling, discharge, or disposal of hazardous waste or other environmental concerns at Calepa.my.salesforce-sites.com/complaints/Complaint.
DTSC’s Mission is to protect California’s people, communities, and environment from toxic substances, to enhance economic vitality by restoring contaminated land, and to compel manufacturers to make safer consumer products.