heraeus

STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TOXIC SUBSTANCES CONTROL

In the Matter of: I Heraeus Metal Processing, I - Inc . 13429 Alondra Blvd., Santa Fe Springs, CA 90670

EPA ID # CAD 060 398 229

Respondent

Docket HWCA Ag 01./02-3001

CONSENT ORDER

Health and Safety Code Section 25187

The State Department of Toxic Substances Control

(Department) and Heraeus Metal. Processing, Inc (Respondent)

enter into this Consent Order. and agree as follows :

1 . Respondent generates, handles, treats, and stores

hazardous waste at 13429 Alondra Boulevard, Santa Fe Springs,

California 90670 (Site) ,,

1 1. The Department authorized Respondent to store,

treat, and transfer hazardous waste under a Standardized

Hazardous Waste Facility Permit, Series B issued on June 2, 1998

and modified on September 18, 2000 to reflect the Respondent as

the new owner and operator of the Site

2 The Department inspected the Site on February 28,

2001

3 The Department alleges the following violations:

3 1 The Respondent vlolated the Health and Safety

Code, section 25202 (a) and its Standardized Hazardous Waste

Facility Permit, Parts I-.6 (b) and 11-12, in that Respondent

stored hazardous waste in an unauthorized area, to wit: one

fifty-five-gall.on drum identified as containing lead-bearing

solder dross was stored in the Resin North Warehouse, an

unauthorized Hazardous Waste Storage Area The lead-bearing

solder dross was stored for 439 days beginning July 7, 2000 until

September 26, 2001,,

3 2 ~ Respondent viol.ated the ~alifornia Code of

Regulations, title 22, section 6626220(a), in that Respondent

failed to manifest a hazardous waste, to wit: Respondent offered

one fifty-five-gallon drum of lead-bearing solder dross for

transport under a bill of lading instead of a hazardous waste

manifest ., - 3 . 3 Respondent viblated the Cal.ifornia Code of

Regulations, title 22, section 66264.73 (b) (1) (2), in that

Respondent failed to have an adequate operating record, to wit:

for at least three years (1998, 1999, and 2000), Respondent did

not record and maintain its daily operating record for the

hazardous waste stored in its Hazardous Waste Storage Area

located in the northern half of the 13409 Alondra Boulevard

building

4 A dispute exists regarding the alleged violations

5 The parties wish to avoid the expense of litigation

and to ensure prompt compliance.

6 Jurisdiction exists pursuant to Health and Safety

Code section 25187

7 Respondent waives any right to a hearing in this

matter

8 This Consent Order shall constitute full settlement

of the violations alleged above, but does not limit the

Department from taking appropriate enforcement action concerni.ng

other violations

9 Respondent admits the violations described above.

SCHEDULE FOR COMPLIANCE

10 Respondent shall comp1.y with the following:

1.0.1 1 Effective immediately, Respondent shall cease

storing hazardous waste in its North Resin Warehouse that is not

destined for precious metal reclamation in its industrial

furnaces, pursuant to California Code of Regulations, title 22,

sectlon 66266 100(f), or iri any area not authorized by the . Department

10.1 .. 2 ,, Effective immediately, Respondent shall

prepare a new manifest for shipment of a hazardous waste and send

waste to an authorized Hazardous Waste Facility, if Respondent.

accepted a hazardous waste and discovered a discrepancy after

signing the manifest ,,

10.1 . 3 . Effective immediate1 y, Respondent shall

maintain an operating record for its hazardous waste stored in

its Hazardous Waste Storage Area located in the northern half of

the 13409 Alondra Boulevard building The operating record shall

include the following information:

a.. a description and quantity of each hazardous waste

received;

b the method and date of transfer, treatment,

storage, or disposal; and

C . cross-references to specific manifest numbers

10 2 Submittals: All submitta1.s from Respondent

pursuant to this Consent Order shall be sent to:

Florence Gharibian, Chief Southern California Branch Statewide Compliance Di.vision Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201

10 3 Communications: All approvals and decisions of

the Department made regarding such submittals and notifications

shall be communicated to Respondent in writing by a Branch Chief,

Department of Toxic Substances Control, or his/her designee No

informal advice, guidance, su3gestions, or comments by the ..

Department regarding reports, plans, specifications, schedules,

or any other writings by Respondent shall be construed to relieve

Respondent of its obligation to obtain such formal approvals as

may be required,

1 . 0 ~ 4 Dewartment Review and Apuroval: If the

Department determines that any report, plan, schedule, or other

document submitted for approval pursuant to thi.s Consent Order

fails to comply with the Order or fails to protect public health

or safety or the environment, the Department may return the

document to Respondent with recommended changes and a date by

which Respondent must submit to the Department a revised document

incorporating the recommended changes

1 0 5 Comwliance with Awulicable Laws: Respondent

shall carry out this Order in compliance with all local, State,

and federal requirements, hcluding but not limited to

requirements to obtain permits and to assure worker safety.

10 6 Endanqerment durinq ~mplementation: In the

event that the Department determines that any circumstances or

activity (whether or not pursued in compliance with this Consent

Order) are creating an imminent or substantial endangerment to

the health or welfare of peop1.e on the site or in the surrounding

area or to the environment, the Department may order Respondent

to stop further implementati.on for such period of time as needed

to abate the endangerment Any deadline in this Consent Order

directly affected by a Stop Work Order under this section shall

be extended for the term of such Stop Work Order,,

1 0 7 Liabilitv: Nothing in this Consent Order shall . ..

constitute or be ronstrued.as,a satisfaction or release from

liability for any conditions 6 r claims arising as a result of

past, current, or future operations of Respondent, except as

provided in this Consent Order, Notwithstanding compliance with

the terms of this Consent Order, Respondent may be required to

take further actions as are necessary to protect public health or

welfare or the environment,,

1.0 8 Site Access: Access to the Site shall be

provided at all reasonable times to employees, contractors, and

consultants of the Department, and any agency having

jurisdiction. Nothing in this Consent Order is intended to limit

in any way the right of entry or inspection that any agency may

otherwise have by operation of any law^ The Department and its

authorized representatives may enter and move freely about all

property at the Site at all reasonable times for purposes

including but not limited to: inspecting records, operating logs,

and contracts relating to the Site; reviewing the progress of

Respondent in carrying out the terms of this Consent Order; and

conducting such tests as the Department may deem necessary,

Respondent shall permit such persons to inspect and copy all

records, documents, and other writings, including all sampling

and monitoring data, in any way pertaining to work undertaken

pursuant to this Consent Order

10 9 Samulinq, Data, and Document Availability:

Respondent shall permit the Department and its authorized

representatives to inspect and copy all sampling, testing,

monitoring, and other data generated by Respondent or on

Respondent's behalf in any way pertaining to work undertaken

pursuant to this Consent Order;'. Respondent shall allow the

Department and its authorized'representatives to take duplicates

of any samples collected by Respondent pursuant to this Consent

Order , Respondent shall maintain a central depository of the

data, reports, and other documents prepared pursuant to this

Consent Order All such data, reports, and other documents shall

be preserved by Respondent for a minimum of six years after the

conclusion of all activities under this Consent Order If the

Department requests that some or all of these documents be

preserved for a longer period of time, Respondent shall either

comply with that request, deliver the documents to the

Department, or permit the Department to copy the documents prior

to destruction^ Respondent shall notify the Department in

writing at least six months prior to destroying any documents

prepared pursuant to this Consent Order.

10 1 0 Government Liabilities: The State of

California shall not be liable for injuries or damages to persons

or property resulting from acts or omissi.ons by Respondent or

related parties specified in paragraph 12 3, in carrying out

activities pursuant to thi.s Consent Order, nor shall, the State of

California be he1.d as a party to any contract entered into by

Respondent or its agents in carrying out acti.vities pursuant to

this Consent Order

1 0 1 1 Incorporation of Plans and Reports: All plans,

schedules, and reports that require Department approval and are

submitted by Respondent pursuant to this Consent Order are

incorporated in this Consent Order. upon approval by the

Department

10.12 Extension Re'auests: If Respondent is unable to

perform any activity or. submi:* any document within the time

required under thi.s Consent Order, the Respondent may, prior to

expiration of the time, request an extension of time in writing:

The extensi.on request shall include a justification for the

delay,

1 0 1 3 Extension Auurovals: If the Department

determines that good cause exists for an extension, it will grant

the request and specify in writing a new compli.ance schedu1.e

PAYMENTS

11. Within 30 days of the effective date of this

Consent Order, Respondent shall. pay the Department a total of

$15,760 Respondent's check shall be made payable to Department

of Toxic Substances Control, and shall be del.ivered together with

the attached Payment Voucher to:

Department of Toxic Substances Control Accounting Off ice 1001 I Street, 21st floor P 0 Box 806 Sacramento, California 95812-0806

A photocopy of the check shall be sent:

To: Florence Gharibian, Chief Southern California Branch Statewide Compliance Division Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201

To: Harrison Pollak, Deputy Attorney General Department of Justice Office of the Attorney General P 0. Box 70550 Oakland, California 94612

To: Debra Schwartz, Staff Counsel Office of Legal Counsel Department of Toxic Substances Control 1011 North GrapJiew Avenue Glendale, California 91201

, If Respondent fails to make payment as provided above,

Respondent agrees to pay interest at the rate established

pursuant to Health and Safety Code section 25360 1 and to pay all

costs incurred by the Department in pursuing col.lection including

attorney's fees ,,

OTHER PROVISIONS

12~1.. Additional Enforcement Actions: By agreeing to

this Consent Order, the Department does not waive the right to

take further enforcement actions, except to the extent provided

in this Consent Order

12 2 . Penalties for Noncom~liance: Failure to comply

with the terms of this Consent Order may subject Respondent to

civil penalties and/or punitive damages for any costs incurred by

the Department or other government agencies as a result of such

failure, as provided by Health and Safety Code section 25188 and

other applicable provisions of law

12 3 . Parties Bound: This Consent Order shall app1.y

to and be binding upon Respondent and its officers, directors,

agents, receivers, trustees, employees, contractors, consultants,

successors, and assignees, including but not limited to

individuals, partners, and subsidiary and parent corporations,

and upon the Department and any successor agency that may have

responsibility for and jurisdiction over the subject matter of

this Consent Order

12 4 Effective Date: The effective date of this

consent Order is the date i.t is si.gned by the Department

1 . 2 ~ 5 ~ Intesration: This agreement constitutes the

entire agreement between the Garties and may not be amended,

supplemented, or modi.fied, ex>ept as provided in this agreement,

1 . 2 ~ 6 . Com~liance with Waste Discharse Rewireme-:

Respondent shall comply wi.th all. applicable waste discharge

requirements issued by the State Water Resources Control Board or

a California regional water qu+lity control board

Dated:~/&Lo3 Original signed by_-facility representative

Responvent

-- - - -- - - -- - -

Dated: - 8/27/03- Original signed by Florence Gharibian

Florence Gharibian, Chief Southern California Branch Statewide Compliance Division Department of Toxic Substances Control

Consent Order In re: Heraeus Metal Processing, Inc. (HWCA 2004 0484)



In the Matter of: Heraeus Metal Processing, Inc. 13429 Alondra Boulevard Santa Fe Springs, California 90670 EPA ID no. CAD 060398229 Respondent.

Docket HWCA 2004 0484 CONSENT ORDER Health and Safety Code Section 25187

INTRODUCTION

The State Department of Toxic Substances Control (Department) and Heraeus

Metal Processing, Inc. (Respondent) enter into this Consent Order and agree as

follows:

1. Respondent generates, handles, treats, stores and transfers solid and

hazardous waste at 13429 Alondra Boulevard, Santa Fe Springs, California 90670

(Site).

2. The Department authorized PGP Industries to store, treat, and transfer

hazardous waste at the Site under a Standardized Hazardous Waste Facility Permit,

Series B, issued on June 2, 1998 (“Permit”), and its Final Decision and Order Granting

Appeal, Docket No. HWCA 99/00-P003, issued on November 9, 1999. The Permit was

modified on September 18, 2000, to reflect the Respondent as the current owner and

operator of the Site. The Permit was further modified on October 31, 2006.


3. The Department inspected the Site on January 20, 21, 22, 26 and 29, 2004.

4. A dispute exists regarding the violations alleged in this Consent Order.

5. The parties wish to avoid the expense of litigation and to ensure prompt

compliance.

6. Jurisdiction exists pursuant to Health and Safety Code section 25187.

7. Respondent waives any right to a hearing in this matter.

8. This Consent Order shall constitute full settlement of the violations alleged

below, but does not limit the Department from taking appropriate enforcement action

concerning other violations.

VIOLATIONS

9. The Department alleges the following violations:

9.1. Respondent violated Health and Safety Code section 25202,

subdivision (a), and its Standardized Hazardous Waste Facility Permit, Part II, 3, in

that in June and July 2002, Respondent exceeded the permitted treatment capacity

of 100,000 pounds of solid hazardous waste per month.

9.2. Respondent violated California Code of Regulations, title 22, section

66264.13, subdivision (a)(1), in that on or about January 20, 2004, Respondent

failed to obtain a detailed chemical analysis of a representative sample of the

incoming hazardous waste.

9.3. Respondent violated Health and Safety Code section 25202, and its

Standardized Hazardous Waste Facility Permit, Part II, 1, in that on or about January

20, 2004, Respondent stored hazardous waste at unauthorized areas.

Respondent violated California Code of Regulations, title 22, section 66264.15,

subdivision (b)(3), in that on or about January 22, 2004, Respondent’s Inspection

Schedule failed to identify the types of problems that are to be looked for during an


inspection. The Inspection Schedule did not list the safety and communication

equipment.

SCHEDULE FOR COMPLIANCE

10. Respondent shall comply with the following:

10.1. Effective immediately, Respondent shall not treat waste exceeding

its permitted treatment capacity as specified in the permit Part II Special Conditions,

section 3.

10.2. Effective immediately, Respondent shall perform analysis of

incoming hazardous waste in accordance with the modified Waste Analysis Plan

(WAP) that was submitted to the Department on April 6, 2006, and approved on

October 31, 2006.

10.3. Effective immediately, Respondent shall not store hazardous wastes

at unauthorized areas.

10.4. Effective immediately, Respondent shall include in its Inspection

Schedule a list of all the emergency equipment to be inspected. Respondent shall

identify the types of problems to be looking for in an inspection in its Inspection

Schedule.

10.5. Effective immediately, Respondent shall develop a schedule and

procedures for assessing tank and containment condition.

11. Submittals: Except as specified elsewhere, submittals from Respondent

pursuant to this Consent Order shall be sent to: Florence Gharibian Supervising I Hazardous Substances Scientist Statewide Compliance Division Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201


12. Communications: All approvals and decisions of the Department made

regarding such submittals and notifications shall be communicated to Respondent in

writing by a Branch Chief, Department of Toxic Substances Control, or his/her

designee. No informal advice, guidance, suggestions, or comments by the Department

regarding reports, plans, specifications, schedules, or any other writings by Respondent

shall be construed to relieve Respondent of its obligation to obtain such formal

approvals as may be required.

13. Department Review and Approval: If the Department determines that any

report, plan, schedule, or other document submitted for approval pursuant to this

Consent Order fails to comply with the Order or fails to protect public health or safety or

the environment, the Department may return the document to Respondent with

recommended changes and a date by which Respondent must submit to the

Department a revised document incorporating the recommended changes.

14. Compliance with Applicable Laws: Respondent shall carry out this Order in

compliance with all local, State, and federal requirements, including but not limited to

requirements to obtain permits and to assure worker safety.

15. Endangerment during Implementation: In the event that the Department

determines that any circumstances or activity (whether or not pursued in compliance

with this Consent Order) are creating an imminent or substantial endangerment to the

health or welfare of people on the site or in the surrounding area or to the environment,

the Department may order Respondent to stop further implementation for such period of

time as needed to abate the endangerment. Any deadline in this Consent Order directly


affected by a Stop Work Order under this section shall be extended for the term of such

Stop Work Order.

16. Liability: Nothing in this Consent Order shall constitute or be construed as a

satisfaction or release from liability for any conditions or claims arising as a result of

past, current, or future operations of Respondent, except as provided in this Consent

Order. Notwithstanding compliance with the terms of this Consent Order, Respondent

may be required to take further actions as are necessary to protect public health or

welfare or the environment.

17. Site Access: Access to the Site shall be provided at all reasonable times to

employees, contractors, and consultants of the Department, and any agency having

jurisdiction. Nothing in this Consent Order is intended to limit in any way the right of

entry or inspection that any agency may otherwise have by operation of any law. The

Department and its authorized representatives may enter and move freely about all

property at the Site at all reasonable times for purposes including, but not limited to:

inspecting records, operating logs, and contracts relating to the Site; reviewing the

progress of Respondent in carrying out the terms of this Consent Order; and conducting

such tests as the Department may deem necessary. Respondent shall permit such

persons to inspect and copy all records, documents, and other writings, including all

sampling and monitoring data, in any way pertaining to work undertaken pursuant to this

Consent Order.

18. Sampling, Data, and Document Availability: Respondent shall permit the

Department and its authorized representatives to inspect and copy all sampling, testing,


monitoring, and other data generated by Respondent or on Respondent's behalf in any

way pertaining to work undertaken pursuant to this Consent Order. Respondent shall

allow the Department and its authorized representatives to take duplicates of any

samples collected by Respondent pursuant to this Consent Order. Respondent shall

maintain a central depository of the data, reports, and other documents prepared

pursuant to this Consent Order. All such data, reports, and other documents shall be

preserved by Respondent for a minimum of six years after the conclusion of all activities

under this Consent Order. If the Department requests that some or all of these

documents be preserved for a longer period of time, Respondent shall either comply

with that request, deliver the documents to the Department, or permit the Department to

copy the documents prior to destruction. Respondent shall notify the Department in

writing at least six months prior to destroying any documents prepared pursuant to this

Consent Order.

19. Government Liabilities: The State of California shall not be liable for injuries

or damages to persons or property resulting from acts or omissions by Respondent or

related parties specified in paragraph 29, in carrying out activities pursuant to this

Consent Order, nor shall the State of California be held as a party to any contract

entered into by Respondent or its agents in carrying out activities pursuant to this

Consent Order.

20. Incorporation of Plans and Reports: All plans, schedules, and reports that

require Department approval and are submitted by Respondent pursuant to this


Consent Order are incorporated in this Consent Order upon approval by the

Department.

21. Extension Requests: If Respondent is unable to perform any activity or

submit any document within the time required under this Consent Order, the

Respondent may, prior to expiration of the time, request an extension of time in writing.

The extension request shall include a justification for the delay.

22. Extension Approvals: If the Department determines that good cause exists

for an extension, it will grant the request and specify in writing a new compliance

schedule.

PAYMENTS

23. Within 30 days of the effective date of this Consent Order, Respondent shall

pay the Department a total amount of $37,000.

24. Respondent's check shall be made payable to Department of Toxic

Substances Control, and shall be delivered together with the attached Payment

Voucher to:

Department of Toxic Substances Control Accounting Office 1001 I Street, 21st floor P. O. Box 806 Sacramento, California 95812-0806

25. Photocopies of the check shall be sent to: Florence Gharibian Supervising Hazardous Substances Scientist Statewide Compliance Division Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201

Debra Schwartz, Esq. Staff Counsel Office of Legal Counsel and Investigations Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201


26. If Respondent fails to make payment as provided above, Respondent agrees

to pay interest at the rate established pursuant to Health and Safety Code section

25360.1 and to pay all costs incurred by the Department in pursuing collection including

attorney's fees.

OTHER PROVISIONS

27. Additional Enforcement Actions: By agreeing to this Consent Order, the

Department does not waive the right to take further enforcement actions, except to the

extent provided in this Consent Order.

28. Penalties for Noncompliance: Failure to comply with the terms of this

Consent Order may subject Respondent to civil penalties and punitive damages for any

costs incurred by the Department or other government agencies as a result of such

failure, as provided by Health and Safety Code section 25188 and other applicable

provisions of law.

29. Parties Bound: This Consent Order shall apply to and be binding upon

Respondent and its officers, directors, agents, receivers, trustees, employees,

contractors, consultants, successors, and assignees, including but not limited to

individuals, partners, and subsidiary and parent corporations, and upon the Department

and any successor agency that may have responsibility for and jurisdiction over the

subject matter of this Consent Order.

30. Effective Date: The effective date of this Consent Order is the date it is

signed by the Department.


31. Integration: This agreement constitutes the entire agreement between the

parties and may not be amended, supplemented, or modified, except as provided in this

agreement.

32. Compliance with Waste Discharge Requirements: Respondent shall comply

with all applicable waste discharge requirements issued by the State Water Resources

Control Board or a California regional water quality control board.

Dated: __12/21/2006__ Original signed by Uli Blankenstein Uli Blankenstein Vice President & Chief Financial Officer Heraeus Metal Processing, Inc.

Dated: ___1/3/2007___ Original signed by Florence Gharibian

Florence Gharibian, Chief Southern California Branch Statewide Compliance Division Department of Toxic Substances Control


NOTE: THIS CONSENT ORDER WAS ASSIGNED A NEW DOCKET NO. HWCA 2007-1290.



In the Matter of: Heraeus Metal Processing, Inc. 13429 Alondra Boulevard Santa Fe Springs, California 90670 EPA ID No. CAD 060398229

Respondent.

Docket HWCA 2007-1381 CONSENT ORDER Health and Safety Code Section 25187

1. INTRODUCTION

1.1. Parties. The California Department of Toxic Substances Control

(Department) and Heraeus Metal Processing, Inc. (Respondent) enter into this Consent

Order (Order) and agree as follows:

1.2. Site. Respondent generates, handles, treats and stores hazardous waste at

the following site: 13429 Alondra Boulevard, Santa Fe Springs, California 90670.

1.3. Inspection. The Department inspected the Site on March 19, 20, 21, 22

and 27, 2007.

1.4. Authorization Status. Respondent is a precious metal recycler operating

under its Standardized Hazardous Waste Permit, Series B and Granted Appeal, Docket

No. HWCA 99/00-P003.

1.5. Jurisdiction. Health and Safety Code section 25187, authorizes the

Department to order action necessary to correct violations and to assess a penalty

when the Department determines that any person has violated specified provisions of

the Health and Safety Code or any permit, rule, regulation, standard, or requirement

issued or adopted pursuant thereto.

-2-

1.6. Full Settlement. This Order shall constitute full settlement of the violations

alleged below. The Parties, and each of them, agree that this Order, and all of the

terms contained herein, are fair, reasonable, and in the public interest. By agreeing to

this Order, the Department does not waive any right to take other enforcement actions

except as specifically provided in this Order.

1.7. Hearing. Respondent waives any and all rights to a hearing in this matter.

2. VIOLATIONS ALLEGED

2.1. The Department alleges the following violations:

2.1.1. Respondent violated California Code of Regulations, title 22, section

66264.15, in that on or about March 19, 2007, Respondent failed to follow its inspection

schedule.


66264.13, subsection (b) and its Waste Analysis Plan, sections 3.2.1 and 2.2.2, in that

on or about March 19, 2007, Respondent failed to follow its approved Waste Analysis

Plan.

3. SCHEDULE FOR COMPLIANCE

3.1. Respondent shall comply with the following:

3.1.1. Effective immediately, Respondent shall adequately record the problems

and corrective actions taken or to be taken in its daily inspection logs and repair units on

a timely manner.

3.1.2. Effective immediately, Respondent shall re-evaluate all incoming waste if

analysis indicates that the waste received is different from the waste profile or pre-

acceptance documents.

3.2. Respondent shall make all payments at the time(s) and in accord with any

other conditions set forth in Section 5 (Penalty) below.

4. OTHER PROVISIONS

4.1. Liability. Nothing in this Order shall constitute or be construed as a

-3-


past, current, or future operations of Respondent, except as provided in this Order.

Notwithstanding compliance with the terms of this Order, Respondent may be required

to take such further actions as are necessary to protect public health or welfare or the

environment.

4.2. Penalties for Noncompliance. Failure to comply with the terms of this Order

may subject Respondent to costs, penalties and/or damages, as provided by Health and

Safety Code, section 25188, and other applicable provisions of law.

4.3. Parties Bound. This Order shall apply to and be binding upon Respondent

and its officers, directors, agents, employees, contractors, consultants, receivers,

trustees, successors, and assignees, including but not limited to individuals, partners,

and subsidiary and parent corporations, and upon the Department and any successor

agency that may have responsibility for and jurisdiction over the subject matter of this

Order.

4.8. Integration. This agreement constitutes the entire agreement between the


Order.

5. PENALTY

5.1. Respondent shall pay the Department the total sum of twenty-one thousand

dollars ($21,000), in penalty.

5.2. Payment of the total sum specified in paragraph 5.1 is due within 30 days

from the effective date of this Order.

5.3. Respondent's check(s) shall be made payable to Department of Toxic

Substances Control, shall identify the Respondent and Docket Number, as shown in the

caption of this case, and shall be delivered together with the attached Payment Voucher

to:

-4-

Department of Toxic Substances Control Accounting Office 1001 I Street, 21st floor P. O. Box 806 Sacramento, California 95812-0806

A photocopy of the check(s) shall be sent to:

Mukul Agarwal, Unit Chief Enforcement and Emergency Response Program Department of Toxic Substances Control 1011 North Grandview Avenue Glendale, California 91201 And Ramon Perez, Esq. Office of Legal Counsel Department of Toxic Substances Control 9174 Sky Park Court, Suite 150 San Diego, California 92123

5.4. If Respondent fails to make payment as provided above, Respondent

agrees to pay interest at the rate established pursuant to Health and Safety Code

section 25360.1, and to pay all costs incurred by the Department in pursuing collection

including attorney's fees.

6. EFFECTIVE DATE

6.1. The effective date of this Order is the date it is signed by the Department. Dated: 8/16/07 Original signed by Curtis Mello

Curtis Mello, Vice President Heraeus Metal Processing, Inc.

Dated: 8/28/07 Original signed by Mukul Agarwalq

Mukul Agarwal, Unit Chief Department of Toxic Substances Control



In the Matter of: Heraeus Metal Processing, Inc. 13429 Alondra Boulevard Santa Fe Springs, California 90670 EPA ID No. CAD060398229

Respondent.

Docket HWCA 2008 1763 CONSENT ORDER Health and Safety Code Section 25187

1. INTRODUCTION

1.1. Parties. The California Department of Toxic Substances Control

(Department) and Heraeus Metal Processing, Inc. (Respondent) enter into this Consent

Order (Order) and agree as follows:

1.2. Site. Respondent generates, handles, treats and stores hazardous waste at

the following site: 13429 Alondra Boulevard, Santa Fe Springs, California 90670.

1.3. Inspection. The Department inspected the Site on June 17, 18, 19 and

August 7, 2008.

1.4. Authorization Status. Respondent is a precious metal recycler operating

under its Standardized Hazardous Waste Permit, Series B and Granted Appeal, Docket

No. HWCA 99/00-P003.

1.5. Jurisdiction. Health and Safety Code, section 25187, authorizes the

Department to order action necessary to correct violations and to assess a penalty

when the Department determines that any person has violated specified provisions of

the Health and Safety Code or any permit, rule, regulation, standard, or requirement

issued or adopted pursuant thereto.

1.6. Full Settlement. This Order shall constitute full settlement of the violations

alleged below. The Parties, and each of them, agree that this Order, and all of the

terms contained herein, are fair, reasonable, and in the public interest. By agreeing to

-2-

this Order, the Department does not waive any right to take other enforcement actions

except as specifically provided in this Order.

1.7. Hearing. Respondent waives any and all rights to a hearing in this matter.

2. VIOLATIONS ALLEGED

2.1. The Department alleges the following violations:


66264.191(a), 66264.191(i)(8) and 66264.191(i)(9), in that on or about June 17, 2008,

Respondent failed to remedy tank discrepancies identified in the 2003, 2004 and 2007

tank certifications. There were thirty-two (32) aboveground tanks located in the

Refinery Building which were not anchored for seismic loads.

3. SCHEDULE FOR COMPLIANCE

3.1. Respondent shall comply with the following:

3.1.1. Within forty-five five days, upon receipt of this Order, Respondent shall

submit to the Department a timeframe for tank assessment including proper anchorage

and replacement of tanks.

3.2. Respondent shall make all payments at the time(s) and in accord with any

other conditions set forth in Section 5 (Penalty) below.

4. OTHER PROVISIONS

4.1. Liability. Nothing in this Order shall constitute or be construed as a


past, current, or future operations of Respondent, except as provided in this Order.

Notwithstanding compliance with the terms of this Order, Respondent may be required

to take such further actions as are necessary to protect public health or welfare or the

environment.

4.2. Penalties for Noncompliance. Failure to comply with the terms of this Order

may subject Respondent to costs, penalties and/or damages, as provided by Health and

Safety Code, section 25188, and other applicable provisions of law.

4.3. Parties Bound. This Order shall apply to and be binding upon Respondent

and its officers, directors, agents, employees, contractors, consultants, receivers,

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trustees, successors, and assignees, including but not limited to individuals, partners,

and subsidiary and parent corporations, and upon the Department and any successor

agency that may have responsibility for and jurisdiction over the subject matter of this

Order.

4.8. Integration. This agreement constitutes the entire agreement between the


Order.

5. PENALTY

5.1. Respondent shall pay the Department the total sum of thirty-five thousand

dollars ($35,000), in penalty.

5.2. Payment of the total sum specified in paragraph 5.1 is due within 30 days

from the effective date of this Order.

5.3. Respondent's check(s) shall be made payable to Department of Toxic

Substances Control, shall identify the Respondent and Docket Number, as shown in the

caption of this case, and shall be delivered together with the attached Payment Voucher

to: Department of Toxic Substances Control Accounting Office 1001 I Street, 21st floor P. O. Box 806 Sacramento, California 95812-0806

A photocopy of the check(s) shall be sent to:

Mukul Agarwal, Unit Chief Enforcement and Emergency Response Program Department of Toxic Substances Control 9211 Oakdale Avenue Chatsworth, California 91311

5.4. If Respondent fails to make payment as provided above, Respondent

agrees to pay interest at the rate established pursuant to Health and Safety Code,

section 25360.1, and to pay all costs incurred by the Department in pursuing collection

including attorney's fees.

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6. EFFECTIVE DATE

6.1. The effective date of this Order is the date it is signed by the Department.

Dated: 12/19/08 Original signed by Curtis Mello Curtis Mello, Vice President Heraeus Metal Processing, Inc.

Dated: 12/26/08 Original signed by Mukul Agarwal

Mukul Agarwal, Unit Chief Department of Toxic Substances Control

heraeus

Documents

respondent viol

hazardous waste manifest

respondent docket hwca

safety code section

california code of regulations

following violations

alleged violations

unauthorized area