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Delivery Company to Pay DTSC $3.3M for Violations of California Hazardous Waste Law

Posted on 7/8/2016 by Roger Marks

In a settlement reached with the California Department of Toxic Substances Control  (DTSC), a major US delivery company will pay $3,357,975 to resolve allegations the company mishandled damaged containers and packages of hazardous materials.

Under state and Federal regulations, damaged containers that contain hazardous materials should be managed and transported as hazardous waste once they are discovered at the company’s California facilities. DTSC lists eleven causes of action based on violations of the Hazardous Waste Control Law and the California Code of Regulations, Title 22 (22 CCR).

DTSC alleges that at the company’s three hub facilities and package routing terminals across the state, the company’s procedures for handling defective, damaged, broken, or leaking packages containing hazardous materials, DTSC determined those procedures were not in compliance with the state’s Hazardous Waste Control Law for generating, handling, treating, storing, and shipping or transporting hazardous waste.

Hazardous waste in California

In addition to paying the civil penalty, under the terms of the Settlement the company must:
  • Make a hazardous waste determination when damaged hazardous materials package is initially discovered at any California facility per 22 CCR 66262.11
  • Obtain a state or federal hazardous waste generator ID number, as appropriate for reach California facility (22 CCR 66262.12, subdivision (a))
  • Properly mark and label each container of 119 gallons or less of hazardous waste before transporting or offering for transport the container. (22 CCR 66262.31 and 66262.32)
  • Prepare and complete the California Uniform Hazardous Waste Manifest before transporting or offering for transportation any hazardous waste shipment from a California facility (22 CCR 66262.20)
  • Treat or store hazardous waste, or cause hazardous waste to be treated or stored, only at points authorized under the Hazardous Waste Control Law (HWCL) (CA Health and Safety Code sections 25189, subdivision (3) and 25189.2, subdivision (b))
  • Not transport or cause the transportation of hazardous waste to a facility without a valid Hazardous Wastes Facility Permit, or a facility otherwise authorized by DTSC to receive hazardous waste (CA Health and Safety Code, section 25201, subdivision (a)) and (22 CCR 66263.23, subdivision (b))
  • Not transport or cause the transportation of hazardous waste unless the person transporting the waste holds a valid registration issued by DTSC (Health and Safety Code section 25163, subdivision (a) and 22 CCR 66263.10
California’s Title 22 Hazardous Waste Rules

In California, hazardous waste generators are subject to state law and regulations more stringent and complex than the US EPA’s Resource Conservation and Recovery Act (RCRA) requirements. In addition to the state hazardous waste regulations in Title 22 of the California Code of Regulations, generators, transporters and shippers must know and comply with specific provisions in the state Health and Safety Code that also govern hazardous waste management.

Title 22 Hazardous Waste Workshops in Anaheim, Palmdale, Modesto, and San Jose
If your site generates hazardous waste in California, knowing the Federal RCRA rules is not enough. California’s State Health & Safety Code and DTSC regulations set additional, State-specific requirements you must follow to avoid costly civil penalties and future liability.

Be confident you know the specific hazardous waste management and reporting rules that apply to industry in California.  At the Hazardous Waste in California Workshop, satisfy your EPA and DTSC training requirement, and get up to speed with the latest laws, rules, and CUPA interpretations that affect your business.

Tags: DTSC, fines and penalties, hazardous waste

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