Laserfiche WebLink
36. On and prior to December 14, 2010, Defendants violated Health and Safety Code <br />2 section 25189.2 by disposing of hazardous and extremely hazardous waste on the floors ofthe <br />3 Lathrop Facility, including (i) acid spills, including lead acid salts, on the floor in the battery <br />4 recharging area, (ii) selenium powder on the floor of the raw materials section (from which <br />5 materials are placed into the fumace to make glass); and (iii) spills of used oil on the floors <br />6 facility-wide. Lead acid and used oil are hazardous wastes. The selenium powder at the Lathrop <br />7 Facility had a concentration level many times that for an extremely hazardous waste. The <br />8 selenium powder was found in an area where employees walk and therefore, could be tracked and <br />9 emitted into the air in and around the Facility or discharged via the storm water system to the <br />0 Delta. <br />37. Based on the above, the Department is entitled to injunctive relief against Defendants <br />12 under Health and Safety Code section 25181 and civil penalties under Health and Safety Code <br />13 section 25189, subdivision (b) or section 25189.2, subdivision (b), for each day during which <br />14 each violation of Health and Safety Code section 25189.2 occurred or continued. <br />FOURTH CAUSE OF ACTION 15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />(Failure to Maintain Facility to Minimize Release of Hazardous Waste) <br />(Cal. Code Regs., tit 22, § 66265.31) <br />38. Paragraphs 1 through 24 are realleged as if fully set forth herein. <br />39. California Code of Regulations, Title 22, section 66265.31, requires that hazardous <br />waste facilities be maintained and operated to minimize the possibility of an unplanned sudden or <br />non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface <br />water which could threaten human health or the environment. <br />40. On and prior to December 14, 2010, Defendants violated California Code of <br />Regulations, Title 22, section 66265.31, by failing to minimize the possibility of unplanned <br />releases of hazardous waste and failing to clean up such releases, including (i) acid spills, <br />including lead acid salts, on the floor in the battery recharging area, (ii) selenium powder on the <br />floor of the raw materials section (from which materials are placed into the fumace to make <br />glass); and (iii) spills of used oil on the floors facility-wide. Lead acid and used oil are hazardous <br />9 <br />COMPLAINT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF