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October 20, 2020

Community Informational Briefing on Exide Bankruptcy

The week of October 10th, 2022, a federal bankruptcy court released Exide from its obligations to clean up their former facility in Vernon. DTSC is appealing the judge’s order and will continue to prioritize the health and safety of nearby communities. A meeting was held on October 21st to learn more about the court’s decision, the option of an Exide Vernon Environmental Response Trust, and next steps.

• Presentation slides:  English  |  Español
• Exide Bankruptcy Frequently Asked Questions (FAQs):  English  |  Español

October 15, 2020

The Exide Bankruptcy Hearing has adjourned for the day, and will reconvene at 7am PST on Friday, Oct. 16.– first character of facility name

The Department of Justice will held a hearing to decide whether to approve Exide’s proposed Settlement Agreement, which, among other things, would allow Exide to walk away from its former lead-acid battery recycling facility in Vernon.

A copy of the Consent Decree and Settlement Agreement can be found on the Department of Justice’s website:

• Consent Decree and Settlement Agreement
• Appendices

To listen to the Court hearing, dial 855-855-8556Phone number Phone number, and enter the following passcode when prompted: 1410833#

October 12, 2020

US DOJ and US EPA to Hold Oct. 13 Exide Bankruptcy Virtual Public Meeting– first character of facility name

The U.S. Department of Justice and the U.S. EPA scheduled a public hearing on Tuesday, October 13th in response to public comment on Exide’s proposal to abandon its former lead-acid battery recycling facility in Vernon as part of its bankruptcy proceedings.

October 12, 2020

DTSC Imminent and Substantial Endangerment Determination Tied to Exide Bankruptcy– first character of facility name

DTSC is taking action to protect workers and other people from risks posed by the former Exide battery-recycling facility in Vernon. On Monday, October 12, DTSC issued a determination that there may be an “imminent and substantial endangerment to the public health or welfare or to the environment” due to conditions at Exide’s Vernon facility (Health & Saf. Code, §§ 25355.5, subd. (b)(3), 25358.3, subd. (a).). This determination will allow DTSC to more quickly contract to safely continue closure activities and to protect people from exposure to on-site contaminants. DTSC issued this determination in light of site conditions and in response to Exide’s most recent bankruptcy filing, in which Exide proposes to abandon the property.

Currently, multiple temporary protective structures have been installed at the site to prevent release of contaminated water and dust containing extremely high levels of lead and other metals. Those protective structures require daily maintenance. DTSC is concerned that if a court allows Exide to abandon the site, no one would be responsible for maintaining these safety controls and people on-site and off-site could be placed at risk. The timing of this determination is based on the bankruptcy proceedings themselves, and the recent increased threat of abandonment. It provides authorities to expedite DTSC’s ability to ensure the facility is properly maintained in its current state and that human health and the environment is protected. Had DTSC made this determination earlier, it would not have changed the priority of DTSC’s bankruptcy monetary claims and thus would not have benefited DTSC’s ability to receive funds out of the bankruptcy.

This determination is an update and expansion to an earlier imminent and substantial endangerment determination DTSC issued in 2015 for the residential area around the facility. This updated determination includes Exide’s former facility but does not change DTSC’s 2015 determination’s in residential areas. No funds from the residential cleanup will be diverted to overseeing the safe closure of the facility. DTSC required Exide to provide $26.4 million in financial assurance funds, which DTSC will use to ensure continuation of the work of safely closing the facility and protecting the people who live and work nearby. View the Imminent and Substantial Endangerment Determination document.

October 6, 2020

Public Comment Period (closed)– first character of facility name

Communities surrounding the former Exide lead-acid battery recycling facility in Vernon have engaged in longstanding efforts to secure cleanup of the site. Following Exide’s most recent bankruptcy filing earlier this year, the company has proposed a plan that would allow it to abandon the site and its associated environmental impacts.

If this site is abandoned, it will be orphaned with no functional owner capable of securing the site and continuing to clean it up. The U.S. Department of Justice (U.S. DOJ) agreed in a settlement agreement with Exide not to oppose abandonment.

U.S. DOJ and U.S. EPA announced a public comment period on this issue, which included the opportunity to request a public meeting – the public comment period ended on October 6, 2020.

On October 2, 2020, DTSC held an informational briefing on this issue. See the presentation slides: Exide Bankruptcy: Informational Briefing on Public Comment Opportunity (PDF).