California DTSC

R SQUARED CIRCUITS INC. AGREES TO PAY $75,000 TO SETTLE HAZARDOUS WASTE VIOLATIONS

SACRAMENTO, CA – R Squared Circuits, Inc., a company that formerly manufactured printed circuit boards in Folsom, CA.,will pay $75,000 to settle violations of hazardous waste laws, the
Department of Toxic Substances Control (DTSC) announced today.

“Hazardous waste generators must meet safety standards, including training their employees, documenting their operations, and obtaining required permits before treating hazardous waste,” said Paul Kewin, Division Chief for DTSC’s Enforcement and Emergency Response Program.  “This settlement demonstrates the department’s continuing efforts to uphold compliance with existing environmental law, especially when a violator shows signs of leaving the jurisdiction and escaping accountability.”

R Squared Circuits discontinued operations in California and closed its facility on December 16, 2011, declaring that it did not have the financial resources to pay the full penalty determined by
DTSC.

The Stipulation for Entry of Final Judgment on Consent (Stipulation) filed by the California Attorney General’s Office on behalf of DTSC, secures injunctive relief and requires that R Squared Circuits pay an initial payment of $75,000 to DTSC. An additional amount of $25,000 has to be paid to the DTSC if R Squared Circuits violates injunctive provisions set forth in the stipulation.

A Complaint filed in Sacramento County Superior Court lists 11 causes of action, including:
 Treating of hazardous waste without permit or authorization.
 Failure to maintain operating records for hazardous waste treatment systems.
Failure to develop a training plan.
Failure to maintain employee training records.
 Absence of integrity assessments for treatment tanks.
 Absence of daily tank inspection records.
 Absence of hazardous waste labels on treatment tanks.
 Absence of waste analysis plan.
 Absence of phase I Environmental Assessment.
 Absence of Permit by Rule (PBR) authorization from the Sacramento County Environmental Management Department for the waste water treatment unit and illegal storage of hazardous waste.
 Failure to maintain and test fire protection equipment, spill control equipment and decontamination equipment to assure their proper operation in time of emergency.

FOR GENERAL INQUIRIES: Contact the Department of Toxic Substances Control by phone at (800) 728-6942 or visit www.dtsc.ca.gov. To report illegal handling, discharge, or disposal of hazardous waste, call the Waste Alert Hotline at (800) 698-6942.

Read the entire news release here.

Though California’s regulations differ from those of the rest of the nation in many ways, there is nothing unfamiliar about this facility’s hazardous waste violations.  Note the double-hit for not having a training plan and then not documenting the training properly.  Proper documentation of the training you’ve completed is a big issue and one I stress during my Onsite Training as w ell as Seminars and Webinars.

Please don’t hesitate to contact me for all of your Hazardous Waste (RCRA) and HazMat Employee (USDOT) training needs.

DTSC Wins Temporary Restraining Order Against Richmond Plating Facility

A pdf of the DTSC news release.

More about Electro-Forming Company, Inc.’s compliance history with California Department of Toxic Substances Control

RICHMOND — A metal plating company housing large amounts of hazardous chemicals must clean up its property within 30 days, a Contra Costa County Superior Court judge ruled Tuesday.

The ruling followed a request for a temporary restraining order by the state’s Department of Toxic Substances Control to force Electro-Forming and its owners to immediately remove hazardous waste from their property on Nevin Avenue.

Department officials said they sought the court order to force compliance after repeated failings by the company.

“We have made several visits to the site,” DTSC spokeswoman Tamma Adamek said. “It was clear we are dealing with a bad actor.”

In March, investigators searched the site and discovered several problems, including cyanide drums being stored near other acids that, if mixed with cyanide, could produce a deadly gas, according to court papers.

The business is at 130 Nevin Ave., nestled among apartment buildings, single-family homes, parks and several community gardens.

The owners are identified in court papers as Marion Patigler, the estate of Gerhard Patigler, and the estate of Ingrid Patigler. The Department of Toxic Substances Control also alleged that Electro-Forming has illegally stored, treated and disposed of hazardous waste, in addition to improperly storing volatile wastes next to each other.

On Tuesday afternoon, several workers wearing masks and coveralls were seen rummaging through bins and drums at the site. A man who declined to give his name said the owner was not present and took a message.

The temporary restraining order includes strict compliance deadlines and requires Electro-Forming to immediately hire an authorized contractor to remove hazardous waste stored in various drums, containers and a 6,900-gallon “Baker tank” that Electro-Forming was allegedly using to illegally store plating waste that contains hazardous levels of cyanide and metals, according to a department news release.

If Electro-Forming fails to meet deadlines set for the removal work, the temporary restraining order also authorizes DTSC to complete the removal and recover its costs.

Richmond has beefed up its Code Enforcement Unit in recent years and even sued one of its own council members, Corky Boozé, to force him to clean up a property he runs that is littered with old cars, boats and other industrial supplies.

Boozé, who denies that his property is a public nuisance, on Wednesday slammed the city for not addressing what he called a “flagrant” violation of city codes and hazardous chemical storage at Electro-Forming, which he noted is in a residential neighborhood.

“There are real health hazards all over the city, in communities with children, and we don’t do anything about it because we spend tax dollars and staff time investigating my properties,” Boozé said.

Code Enforcement Director Tim Higares and City Manager Bill Lindsay did not respond to requests for comment.

Chad Davisson, the city’s wastewater management officer, said his inspectors confirmed that Electro-Forming had no connection to the city’s sewer line and that the city knew DTSC was investigating the site.

Contact Robert Rogers at 510-262-2726. Follow him at Twitter.com/SFBaynewsrogers.