DTSC Orders Metal Recycler to Pay Hazardous Waste Investigation and Cleanup Costs

Posted on 3/26/2021 by Roger Marks and Lauren Scott

In a recently issued enforcement order, California’s Department of Toxic Substances Control (DTSC) could require a scrap metal recycling facility in Fresno to clean up hazardous waste the site’s operations allegedly released into the environment.

The facility, which receives and processes discarded metal to be resold or recycled, “unlawfully disposed of soil contaminated with lead and other harmful metals, without a hazardous waste permit,” DTSC alleges.
When DTSC inspected the facility in 2013, inspectors found “failure to operate a facility in a manner to minimize the release of hazardous waste/constituents.” Soil samples collected contained cadmium, copper, lead, mercury zine, and PCBs—all at levels above the regulatory thresholds in Title 22 of the California Code of Regulations (22 CCR).  

This Enforcement Order requires the company to determine if hazardous wastes are being released into the environment at its Fresno facility. The assessment will also include past release mitigation measures and identify any additional measures that could be implemented.

If DTSC determines further actions are necessary, the facility must plan and implement corrective measures to clean up the alleged contamination, including providing regular progress reports to DTSC. 

While the Enforcement Order does not include a civil penalty, the facility is liable for all costs associated with the implementation of the Order, including costs incurred by DTSC. 

The facility may request a hearing to challenge the Order.

Under Federal and California State laws and regulations, hazardous waste must be managed, stored, and treated properly before disposal.

California Hazardous Waste Training Starts this Spring

Be confident that you know the unique hazardous waste management and reporting rules that apply to generators in the Golden State. Lion will present the California Hazardous Waste Management Refresher webinar this spring on April 6 and May 19.

Led by an experienced Lion instructor, the California Hazardous Waste Management Refresher webinar is designed to help satisfy annual RCRA/Title 22 training mandates for hazardous waste personnel in California. Join us to get up to speed on the latest DTSC requirements, laws, and CUPA interpretations that affect the way your site manages its hazardous waste.

New to Title 22 compliance? Join an expert Lion instructor for the California Hazardous Waste Management webinar on April 21–22 for complete RCRA/Title 22 training.

California more than doubled its penalties for hazardous waste violations in recent years. Compliance errors can now cost facilities up to $70,000 per day, per violation.

Tags: Cal DTSC, California, DTSC, enforcement, fines, hazardous waste, hazardous waste compliance, penalties, Title 22

Find a Post

Compliance Archives

Lion - Quotes

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

Best instructor ever! I was going to take my DOT training w/a different provider, but based on this presentation, I will also be doing my DOT training w/Lion!

Donna Moot

Hazardous Waste Professional

I have been to other training companies, but Lion’s material is much better and easier to understand.

Mark Abell

Regional Manager

Download Our Latest Whitepaper

Ace hazmat inspections. Protect personnel. Defend against civil and criminal penalties. How? See the self-audit "best practices" for hazardous materials shippers.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.