Cosmetics Retailer Faces $752,000 Penalty for Haz Waste Violations

Posted on 10/8/2021 by Lauren Scott

A US cosmetics retail chain recently settled with Solano County and 33 other California State and local prosecutors over alleged violations of Federal RCRA and State Title 22 hazardous waste management regulations and training requirements.

In a settlement filed last month, prosecutors allege the company improperly stored, handled, and disposed of hazardous and other regulated waste and did not provide sufficient training for workers.

Brand employees handled regulated wastes, such as cosmetics, nail polish, fragrances, and electronics and allegedly disposed of these wastes in dumpsters and other standard trash containers instead of properly transporting them to hazardous waste disposal sites.

Prosecutors also allege the company failed to properly document the hazardous waste or train employees on how to handle and dispose of them.

Under the terms of the settlement, the corporation must pay $439,500 in civil penalties, $250,000 in costs, and $62,500 in supplemental environmental projects. The makeup retailer also agreed to implement additional compliance assurance programs.

The brand has three retail stores in Solano County and 161 facilities throughout California.

DTSC’s Plan to Adopt RCRA Generator Improvements

DTSC recently announced plans to harmonize the state’s Title 22 hazardous waste regulations with US EPA’s 2016 Generator Improvements Rule (GIR).

The first step in California’s plan is to adopt the more-stringent, mandatory provisions. Because all states are required to maintain hazardous waste regulations that are at least as strict as the Federal rules, the more-stringent provisions are mandatory.

Mandatory provisions, which California DTSC plans to adopt in a non-substantive (Section 100) rulemaking, include:
  • New notification requirements for small and large quantity generators.
  • Extra marking and labeling requirements for containers and tanks.
  • New pre-transport markings for hazardous waste containers.
  • More regulation for ignitable and reactive waste at large quantity generator facilities.
  • New closure requirements for large quantity generators.
  • Stricter rules for satellite areas.
  • More stringent contingency plan rules.
  • Adding a contingency plan “quick reference guide” requirement for large quantity generators.

24 Toxic Chemicals Now Banned in California Cosmetics

Governor Gavin Newsom recently signed the nation’s first ban on two dozen toxic ingredients for cosmetics and personal care products being sold in the Golden State.

The Toxic-Free Cosmetic Act (AB-2762), which goes into effect in 2025, defines 24 potentially hazardous chemicals and prohibits their use in cosmetics and personal goods, such as makeup, moisturizers, deodorant, and hair care products.

This means manufacturers may need to reformulate their products for sale and distribution in California to not include these newly regulated chemicals.

California Hazardous Waste Training Starts This Fall

Be confident that you know the unique hazardous waste management and reporting rules that apply to generators in the Golden State. Lion returns to California this fall for comprehensive, live California Hazardous Waste Management webinar training on October 19–20.

Need refresher training? Join an expert Lion instructor for the one-day California Hazardous Waste Management refresher webinar on October 13, November 10, or December 15.

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: California, DTSC, fines, penalties, RCRA, Title 22

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