Exide Technologies: A Cycle of Environmental Injustice

 The Environmental Protection Agency was created by President Richard Nixon. 

 Gould sent a letter to the DTSC  requesting delisting to generator status.

The facility was sold to a group of Gould executives and became GNB, Inc. Ken Clark, Technical Manager of GNB,  sent a new Part A application to the U.S. EPA .

In response to the new Part A application,  Mr. Feeley of the U.S. EPA sent a letter to John Masterman , Permit Coordinator, Department of Health Services, Toxic Substances Division, Sacramento, stating permit applications for secondary lead smelters are not required in California by State or Federal Agencies.

Robert McCormick of the Alternative Technology and Policy Development Section of the Department  wrote a letter  to Chief John Hinton, Facilities Permitting Unit, Toxic Substances Control Division, Los Angeles Region stating that GNB does not need a permit.

Greg Holmes and Chong Kim of the DTSC conducted a Compliance Evaluation Inspection (CEI).  The violations cited were :

- No waste analysis plan;

- No facility inspection log;

- No facility training records;

- Incomplete contingency plan;

- Incomplete operating record;

- No closure plan;

- No closure cost estimate;

- No hazardous waste warning signs; and 

- No accumulation dates on batteries or on battery cases/separators accepted.

The  DTSC conducted sampling at GNB . The DTSC’s sampling team consisted of Greg Holmes, Ken Hughes, Tina Roberson, and Tina Mizunoue. High levels of lead and antimony were detected in the unpermitted waste pile.

 A Corrective Action and Order for Penalty was issued  to GNB for the violations found in May 5, 1987.

 A follow-up inspection was conducted  by Dave Rasmussen and Jerry Lile, DTSC.

 A follow-up inspection was conducted  by Dave Rasmussen.

The  DTSC issued a Directive to Comply Order  directing GNB to cease shipments of polypropylene waste to KW Plastics.

A  follow-up inspection  was conducted by Dave Rasmussen.

The  DTSC issued a letter to GNB  stating that their polypropylene waste has been found to be hazardous and, therefore, must be managed according to the state laws and regulations.

A  follow-up inspection was conducted  by Dave Rasmussen.

The  DTSC issues a letter to GNB  requesting them to cover and clean-up the crucible in the southwest area of the facility.

A  follow-up inspection was conducted  by Dave Rasmussen.

A  follow-up inspection was conducted  by Dave Rasmussen.

A  Report of Violations was issued  to GNB covering all the violations found on 7/7, 8/23, 9/1, 9/14, 10/17, and 11/17 of the 1989 inspections.

Proposition 65, the Safe Drinking Water and Toxic Enforcement Act.  Notice on Prop 65 filed by Dave Rasmussen . Prob 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm.

 California Department of Justice issued a letter to GNB’s counsel  outlining the more serious violations observed during the previous inspections.

The  DTSC issued a letter  directing GNB to manage second-run slags and drosses as hazardous waste.

 A follow-up inspection was conducted  by Dave Rasmussen.

 Revised Part A application was submitted by GN B.

The  DTSC issued a letter  to KW Plastics stating that the plastic chips received at KW Plastics are hazardous waste and must be managed in compliance with state laws and regulations.

The  DTSC issued a letter to GNB  stating that GNB should be operating according to its Interim Status Document issued in 1981 and limiting the amount of hard rubber casing material placed in the furnace. 

A  Compliance Evaluation Investigation was conducted  by Nancy Steele, DTSC. Violations found included storage of batteries at under permitted areas and release of wastewater treatment filter media near the wastewater treatment plant onto the ground during a rainstorm.

 A  Report of Violations was issued  to GNB for violations found on 2/11/92 inspection.

GNB responded to the April 2, 1992 Report of Violation. The specific response was not recorded in the DTSC report.

The  DTSC issued a Consent Agreement and Order , No. HWCA 93/94-006 to GNB containing all counts for the inspections conducted between May 5, 1987, to October 28, 1992. GNB paid a civil penalty in the amount of $162,500 and agreed to a Corrective Environmental Commitment.

Exide combined all their departments under the Exide name. GNB is an abbreviation for Gould National Batteries and is recognized as a company under Exide.

Nancy Carder of the  DTSC conducted a complaint investigation  for alleged illegal disposal of hazardous waste. Levels of lead above the regulatory limits at the exterior southern boundary of the facility were identified as a result of the investigation.

A CEI was conducted by Jose Diaz, DTSC. The following violations were cited and subsequently included in the Judgment Order dated 11-15-96: - Unlabeled and improper labeling of HW containers;

- Open and damaged HW containers;

- Illegal storage for longer than a year; 

- HW spills near the wastewater treatment plant;

- Inadequate aisle space;

- Inadequate inspection logs; and 

- Incomplete information on manifests.

 Focused Compliance Investigation Evaluation was conducted  by Razel Trigilio. A Summary of Violations was issued for the following Class I and II violations:

- Improper storage and labeling of damaged lead-acid batteries;

- Inadequate aisle space;

- Inadequate labeling of drums;

- Poor housekeeping; and 

- Inadequate inspection records.

The DTSC and GNB  signed a Consent Agreement and Stipulation for Entry of Final Judgement  (Consent Judgment) for civil penalties of $80,000 and implementation of $784,000 worth supplemental environmental projects (Attachment 1). As of this date, the Consent Judgement had not been signed by the Judge of the Supreme Court.

An inspection by DTSC was conducted of GNB. Eight violations were noted. The inspection was conducted by DTSC & CalEPA representatives; (1) Kaoru Morimoto, (2) Charito Pinon, (3) Razel Trigilio, and (4) David Stuck. Mukul Agarwal signed off on the report as the Supervisor under the Statewide Compliance Division. Clear photos included of the facility and violations.

 An inspection by DTSC was conducted of GNB . Ten violations were noted. The inspection was conducted by DTSC & CalEPA representatives; (1) Ruth Williams-Morehead, Hazardous Substances Scientist (HSS), and (2) Dave Stuck (only May 1st). Mukul Agarwal signed off on the report as the Supervisor under the Statewide Compliance Division. Photos included of the facility that are blacked out and of poor quality. 

An inspection by DTSC was conducted of GNB. Seven violations were noted. The  inspection  was conducted by DTSC representative; (1) Ruth Williams-Morehead, HSS. Mukul Agarwal signed off on the report as the Supervisor under the Statewide Compliance Division. Clear photos included of the facility and violations. 

An inspection by DTSC was conducted of GNB. Five violations were noted.  Inspection  was conducted by DTSC representative; (1) Ruth Williams-Morehead, HSS. Mukul Agarwal did not appear to have signed off on the report as the Supervisor under the Statewide Compliance Division. Clear photos included of the facility and violations.

An inspection by DTSC was conducted of GNB. One violation was noted. The  inspection  was conducted by DTSC representative; (1) Ruth Williams-Morehead, HSS. Mukul Agarwal signed off on the report as the Supervising Senior Hazardous Substances Scientist under the Statewide Compliance Division. Clear photos included of the facility and violations.

The Exide Corporation agrees to take over the plant as part of its acquisition of GNB Technologies.

An inspection by DTSC was conducted of GNB. Three violations were noted.  Inspection  was conducted by DTSC representative; (1) Ruth Williams-Morehead, HSS. Mukul Agarwal signed off on the report as the Supervising Hazardous Substances Scientist I under the Statewide Compliance Division, Southern California Branch. Clear photos included of the facility and violations.

An inspection by DTSC was conducted of Exide. This is the first report that GNB Technologies is referred to as Exide Technologies. Four violations were noted.  Inspection  was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS and (2) Tina Roberson-Holefied, HSS (only on the 27th). Mukul Agarwal signed off on the report as the Supervising Hazardous Substances Scientist under the Statewide Compliance Division, Glendale Office. Clear photos included of the facility and violations. 

Exide files for Chapter 11 bankruptcy protection to restructure its debts and seek protection from any penalties and corrective actions by DTSC.

Despite annual inspections conducted at the Exide facility through DTSC, there is no report found on the department's website for 2002. This was cited in  an article  although the department's page did not host the report. This is significant as a violation was cited for 2002.

 An inspection by DTSC was conducted of Exide . Six violations were noted. Inspection was conducted by DTSC representative; (1) Ruth Williams-Morehead, HSS. Mukul Agarwal signed off on the report as the Unit Chief under the Statewide Compliance Division, Southern California Branch. No photos included of the facility and violations. 

 An inspection by DTSC was conducted of Exide . Two violations were noted. Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS and (2) Liang Chang, HSE (only on the 25th). Mukul Agarwal signed off on the report as the Unit Chief under the Statewide Compliance Division, Southern California Branch. No photos included of the facility and violations.

An inspection by DTSC was conducted of Exide. Nine violations were noted. Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS and (2) Brian Wu, HSS. Mukul Agarwal signed off on the report as the Supervising Senior Hazardous Substances Scientist under the Statewide Compliance Division, Southern California Branch. Dark photos included of the facility and violations that are difficult to identify.

An  inspection by DTSC was conducted  of Exide. Three violations were noted. Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS and (2) Brian Wu, HSS. Mukul Agarwal signed off on the report as the Supervising Senior Hazardous Substances Scientist under the Statewide Compliance Division, Southern California Branch. No photos included of the facility and violations.

 An inspection by DTSC was conducted of Exide . One violation was noted. Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS and (2) Tina Roberson-Holefield, HSS (only June 29 & July 10). Mukul Agarwal signed off on the report as the Supervising Senior Hazardous Substances Scientist under the Enforcement and Emergency Response Program, Glendale Office. Dark photos included of the facility and violations that are difficult to identify.

After months of elevated lead emissions,  air quality officials ordered Exide to cut production by almost half . Regulators began investigating after receiving complaints about ash fallout and damage to car rooftops across the street in an industrial area of Vernon.

An inspection by DTSC was conducted of Exide. Five violations were noted. Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS, (2) Brian Wu, HSS (only April 30, May 2, May 5), (3) Tina Roberson-Holefield, HSS (only June 10). Mukul Agarwal signed off on the report as the Supervising Senior Hazardous Substances Scientist under the Enforcement and Emergency Response Program, Chatsworth Office. Dark photos included of the facility and violations that are difficult to identify.

An inspection by DTSC was conducted of Exide. Two violations were noted. The Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS, (2) Michael Haynes, Air Quality Inspector from South Coast Air Quality Management District (only April 29), (3) Brian Wu, HSS (only May 8, 11). Mukul Agarwal signed off on the report as the Supervising Senior Hazardous Substances Scientist under the Enforcement and Emergency Response Program, Chatsworth Office. Dark photos included of the facility and violations that are difficult to identify. 

An inspection by DTSC was conducted of Exide. Three violations were noted. Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS, (2) Michael Haynes, Air Quality Inspector from South Coast Air Quality Management District (only April 13), (3) Brian Wu, HSS (attended all inspections). Mukul Agarwal signed off on the report as the Supervising Senior Hazardous Substances Scientist under the Enforcement and Emergency Response Program, Chatsworth Office. Dark photos included of the facility and violations that are difficult to identify. 

 An inspection by DTSC was conducted of Exide . Three violations were noted. Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS, (2) Brian Wu, HSS (attended all inspections). Sampling was collected the first two dates to determine if standing water contained lead or other toxic chemicals. Could not locate a signature by Mukul Agarwal on the report as the Supervising Senior Hazardous Substances Scientist under the Enforcement and Emergency Response Program, Chatsworth Office. Dark photos included of the facility and violations that are difficult to identify.

 An inspection by DTSC was conducted of Exide.  Four violations were noted. Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS, (2) Tina Roberson-Holefield, HSS (attended all inspections). Mukul Agarwal signed off on the report as the Supervising Senior Hazardous Substances Scientist under the Enforcement and Emergency Response Program, Chatsworth Office. Dark photos included of the facility and violations that are difficult to identify.

 AQMD explained  that upwards of 250,000 residents in East Los Angeles face a chronic health hazard from lead and arsenic exposure from Exide. 

 An inspection by DTSC was conducted of Exide.  Five violations were noted. Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, HSS, (2) Tina Roberson-Holefield, HSS (attended all inspections), (3) Chia Rin Yen, HSS (only April 5). Mukul Agarwal signed off on the report as the Supervising Senior Hazardous Substances Scientist under the Enforcement and Emergency Response Program, Chatsworth Office. Dark and completely blacked out photos included of the facility and violations that are difficult to identify.

 Exide is told to reduce its emissions  after recent tests showed it is posing a danger to as many as 110,000 people living in an area that extends from Boyle Heights to Maywood and Huntington Park. 

 State regulators suspend operations at Exide.  

 Exide files for bankruptcy protection, citing the forced suspension of operations at its Vernon battery recycling plant and other economic factors.  

Bill SB 712 was passed in June 2013.  SB 712 establishes  deadlines for the Department of Toxic Substance Control (DTSC) to issue final decisions on a hazardous waste facility operating under an interim status permit. It terminates any interim permit status granted for a hazardous waste facility five years from the date on which the status was granted. Allows DTSC to temporarily suspend the operation of a facility operating under an interim permit in order to protect public health and safety or the environment.

 State officials order Exide to begin testing  dust and soil in the neighborhoods around its plant to determine whether dangerous metals have accumulated and are posing a health risk to the community.

 The LA County Department of Public Health begins  offering free blood testing for lead poisoning to address worries that the Exide plant has jeopardized the health of more than 110,000 residents in southeast L.A. County.

 Air quality regulators order Exide to cut production  after an air monitor revealed lead emissions had exceeded health standards over a 30-day period. 

Massive march and protests outside Exide. Residents throughout SouthEast and East Los Angeles were in attendance.

The state Department of Toxic Substances Control issues  an emergency order  directing Exide to cleanup lead and other metals that have been deposited near the plant.

About 50 impacted residents take a bus to Sacramento to push for state officials to provide funding for the community cleanup. Due to this advocacy, they were able to get the governor to provide $176.6M to put toward the cleanup.

 Elevated levels of lead are found  in the soil of residential properties and a preschool near the Exide plant in southeast LA County. Officials were prompted to issue health precautions and order expanded testing in additional neighborhoods.

 Exide not allowed to resume lead smelting  until it's furnaces can operate in compliance with tough new air district rules on arsenic emissions. 

In collaboration with Californians for Environmental Justice Alliance and other statewide partners, Communities For A Better Environment co-led a rally in support of AB 1330 Healthy Hoods Action in front of Exide Technologies. Members created a street theatre piece called "La Lucha Libre del Pueblo."

 An inspection by DTSC was conducted of Exide.  Four violations were noted. Inspection was conducted by DTSC representatives; (1) Ruth Williams-Morehead, Environmental Scientist (ES), (2) Brian Wu, ES (both days), (3) Ellen Pates, ES (note-taker on the 29th), (4) Tolu Awosika, ES (photographer on the 29th). Sampling was taken on both days. Could not locate a signature by Mukul Agarwal on the report as the Supervising Senior Hazardous Substances Scientist under the Enforcement and Emergency Response Program, Chatsworth Office. No photos of the facility or violations were included.

Exide was under federal criminal investigation for emitting high levels of harmful pollutants from its battery recycling plant in Vernon, CA.  Exide receives a grand jury subpoena from the Department of Justice  in the Central District of California in connection with a criminal investigation involving its Vernon, California, recycling facility.  Exide reported this in documents  that were filed with the Securities and Exchange Commission. The subpoena requested documents related to materials transportation and air emissions. This subpoena was targeting Exide and certain unidentified individuals. 

 State regulators greatly expand the area of homes,  schools, and parks that will be tested for lead-tainted soil near Exide. Crews begin removing contaminated soil from residential properties in Boyle Heights.

  AB 1330 was amended in the senate  to restrict the ability of chronic violators from receiving hazardous waste permits. The bill also directs DTSC to develop a plan to reduce the generation and disposal of hazardous waste under the guidance of an oversight committee.

 Gov. Jerry Brown signed a bil l setting a deadline for the state Department of Toxic Substances Control to either grant Exide a full hazardous-waste permit by the end of 2015 or shut the facility down. The state had allowed the plant to operate for decades with a temporary hazardous waste permit.

 Hazardous waste from the facility  dripped from tractor-trailers on public roadways. An environmental inspector called the leaks of acid - and lead-tainted liquid an, “on-going problem” that “needs to be addressed immediately.”

 The state orders Exide  to pay for the cleanup of homes and yards contaminated by its battery recycling plant in Vernon. Regulators fine Exide $562,000 for improperly managing hazardous waste.

Consideration of Governor's veto dies on file for SB 812. SB 812 was meant to establish a community oversight committee for DTSC along with other reforms.

 A complaint for negligence lawsuit filed  at the Superior Court of the State of California County of Los Angeles, Central District, said that  Exide officials willfully endangered  the health of more than 60 children living near the company.

 An inspection by DTSC was conducted of Exide . Eleven violations were noted. Inspection was signed off by DTSC representative; (1) Brian Wu, ES. Could not locate a signature by Mukul Agarwal on the report as the Supervising Senior Hazardous Substances Scientist under the Enforcement and Emergency Response Program, Chatsworth Office. No photos of the facility or violations were included.

 Exide is cited  for eight new hazardous-waste violations after inspections find the plant was treating and storing contaminated sludge in unauthorized tanks that lacked an adequate containment system to prevent spills. Inspectors also find holes in the facility’s walls and roof, among other problems.

Rally to pressure DTSC to deny Exide's permit request. This took place in Maywood.

 Under a Non-Prosecution Agreement with the U.S. Attorney Office , Exide admitted to nearly two decades of illegal activity and agreed to  permanently close , demolish and clean up the facility. To avoid criminal prosecution for 10 years the agreement entailed payment of $50 million to clean up the site and surrounding neighborhoods.

Community gathering and celebration upon the news of Exide's permanent shutdown at a resident's home in Boyle Heights.

 California passed bill SB 83  to establish the assistant director for the environmental justice position at DTSC. SB 83 includes the creation of an independent review panel to advise the department on issues related to the department’s reporting obligations, make recommendations for improving the department’s programs, and advise the department on increasing levels of environmental protection in the department’s programs.

 Soil tests show lead contamination  from the Exide plant extends over a much larger area than previously estimated. The California Department of Toxic Substances announces that it possibly reaches as many as 10,000 residential properties, with the majority being homes up to 1.7 miles away.

 Authorities say  the removal of lead-contaminated soil from 10,000 residential properties near the Exide plant would be the largest cleanup of its kind in California and among the biggest conducted nationwide.

 LA County Supervisor Hilda Solis calls for the state  to appoint an independent expert to oversee the cleanup of residential properties near Exide and a commission to investigate exactly what happened and who is responsible. Senate leader Kevin de Leon did not support outside oversight because it would add “more layers of bureaucracy.” 

 California regulators announce a plan  to use $7 million in state money to quickly expand testing and cleanup of lead-contaminated properties surrounding a closed battery recycling plant in Vernon. Residents accuse state officials of being slow to acknowledge the extent of contamination and taking appropriate cleanup measures.

 SB 673 was signed into law.  SB 673 requires that DTSC update all its hazardous waste permitting criteria including addressing chronic violators and cumulative impacts and community vulnerability.

 LA County supervisors approve  spending $2 million to "speed the removal" of lead from homes and yards near the Exide plant.

 Jose Huizar urged state officials and legislature  to accelerate the removal of toxic lead contaminations surrounding the Exide facility. At this point roughly 200/10,000 residential properties had been estimated to be cleaned up at an average cost of about $45k per home.

 Gov. Jerry Brown proposes  spending $176.6 million to accelerate the testing and cleanup of residential properties in Vernon. The Director of Toxic Substances Control, Barbara Lee, stated that the funds would be utilized to test 10,000 homes within 1.7 miles of the closed plant and to remove lead from about 2,500 homes where levels pose the greatest risk of poisoning.

 The LA County Department of Public Health completed  its project for lead sampling of 500 properties in Commerce, Maywood, and unincorporated East Los Angeles. The County will no longer conduct lead testing. Notification of test results were hand delivered to residents by nurses and health educators.

 The LA Times reported  that the state of California had blood tests results showing high levels of lead in children living near the Exide plant but still had not been using the information to direct the cleanup of contaminated homes. The Times obtained and analyzed blood test records from the LA County Department of Public Health and found that 547 people under the age of 21 living in the Exide area had high levels of lead in their blood from 2010 to 2014.

 State officials say  they will begin using data on levels of lead in children’s blood to help focus the massive cleanup of contaminated homes. Public health experts say California regulators directing which neighborhoods have priority in cleanup should use blood testing data in addition to factors such as soil sampling, wind patterns and proximity to the facility.

 The Department of Public Health analysis found  children living near the now closed battery recycling plant had higher levels of lead in their blood by 3.58% than those living farther away.

With the support of Supervisor Hilda L. Solis,  the Department of Public Health led  a door-to-door community outreach event to homes within 1.7 miles from the Exide Technologies facility. A health survey was conducted to understand the concerns and needs of residents. Health education materials and resources were also provided.

 The Los Angeles County Board of Supervisors voted  to take the necessary steps to launch the Exide Area Lead-Based Paint Hazard Mitigation Program. As part of Los Angeles County’s settlement with SoCalGas over the Aliso Canyon gas leak, LA County Department of Public Health received $5.2 million for the removal of lead-based paint in homes surrounding the Exide battery recycling plan.

 USC The Truth Fairy study , lead from babies matched the lead collected from DTSC clean up efforts. Researchers collected 50 baby teeth from 43 children in five communities including Boyle Heights, Maywood, East L.A., Commerce, and Huntington Park. These findings were corroborated through the pairing of samples collected from upper layers of soil on approximately 8,000 properties with unsafe levels of lead. 

 Chief Judge Christopher Sontchin of the U.S. Bankruptcy Court District of Delaware allows  Exide to abandon a toxic site in Vernon. The Trump administration, through the U.S. Department of Justice and the U.S. Environmental Protection Agency, supported Exide's plan to leave behind toxic sites in several states. Taxpayers will fund the massive cleanup of lead and other toxic pollutants at the site and in surrounding neighborhoods.

 The Auditor of the State of California submitted  a report that confirmed DTSC was behind on its cleanup efforts. In addition, it was noted that the cost of the cleanup would cost an additional $390 million more than had already been allocated. It was very concerning that 31 areas that hosted children on a daily basis had yet to be cleaned up.

 AB-1 was introduced  and would create the Board of Environmental Safety in the California EPA. The bill would provide duties to the board such as reviewing policies, processes, and programs within the hazardous waste control laws. In addition, proposing statutory, regulatory, and policy changes. As well as, hearing and deciding appeals of hazardous waste facility permit decisions.

 California sues  former owners and operators of Exide Technologies' Vernon site seeking to hold parties accountable for contamination and cleanup at the former battery recycling facility.

 SB 158 was signed  by Governor Newsom. This hazardous waste control law requires that the Department of Toxic Substances Control regulates and handles the management of hazardous waste. A violation of this will be considered a crime. This bill will establish the Board of Environmental Safety in the department to manage activities surrounding the management of hazardous waste at facilities.

 The California Legislature passed  SB 158 to create structural changes in DTSC. This budget trailer bill is set to create the first environmental justice advisory board and increase remediation funds and community resources. In addition to developing plans to reduce hazardous waste generation, and add safeguards and guidelines to reduce the backlog of expired permits.