stip and order · 2020-03-03 · id no. cal000317656 respondent. docket hwca 20146549 . stipulation...
TRANSCRIPT
( STATE OF CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC _8UBSTANCES CONTROL
In the M11tter of
Unlvers11I W11ste M11nagement Inc 721 37th Avenue Oakland CA 94601
ID No CAL000317656
Respondent
Docket HWCA 20146549
STIPULATION AND ORDER
Health and Safety Code Section 25187
The State Department of Toxic Substances Control (Department) and
Universal Waste Management Inc (Respondent) enter Into this Stipulation and
Order (Order) and agree as follows
1 A dispute exists regarding the First Amended Enforcement Order issued
by the Oepa1ime11t or1 August 3middot 2017
2 The parties wish to avoid the expense of further litigation and to ensure
prompt action to achieve the Schedule for Compliance below
3 Jurisdiction exists pursuant to Health and Safety Code section 25187
4 Respondent waives any right to a hearing in this matter
5 This Stipulation and Order shall constitute full settlement of the violations
alleged In the First Amended Enforcement Order Docket HWCA 20146549 but
does not limit the Department from taking appropriate enforcement action
concerning other violations
6 The Site is defined as the property located at 721 37th Avenuo
Oakland CA t4802 and Includes the dsrlnttion of Facility in title 22 section
662601D
SCHEDULE FOR COMPLIANCE
7 Respondent shall comply wtth the following
71 Respondent shall ensure that universal wastos Including fluorescent
lamps are properly contained and labeled when managed by the Respondent In
addition Respondent shali ensure that no universal wastes al8 accumulated at
their place of business for more than one year and shall maintain all shipping
documents concerning universal waste for no less than three years
72 Respondent shall personally execute and complete the approved
Supplemental Environmental Project (SEP) according to the approved SEP Work
Plan (Exhibit 1) incorporated herein and In accord with any other conditions seit
forth in the sections below
a Implementation of the SEP must be consistent with the Departments
guidelines regarding SEPs Exhibit 2) and incorporated herein The successful
implementation oi the SEP Is contingent upon but not llmlted to the followin9
oonditlons
a 1 On a monthly basis Respondent shall report to DTSC by he 15tll of
every month summartzing the SEP activitles that occurred during ~e prior month
in order to monitor the timely qL1antfftable and sucoessful implementation of the
SEP ThB monthly report shall include information as required in the SE Work
Plan (Exhibit 1) paragraph 4 for periodic reporting
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a2 If Reepondmt publicizes a SEP or results of a SEP any publictty shall
prominently state the project Is part oi an enforcement settlement agreement
between tte Department and Respondent
a3 The Respondent acknowledges the SEP will be performed In
accordance with the terms detailed with this Stipulation and Order and agrees to an
audit of its SEP expenditures If requested by orsc
a4 The Respondent shall provide DTSC with a completion report wlthln
th lily (30) days of completion of the SEP Work Plan submitted under penalty of
perjury declarlng the completion of the SEP Work Plan In accadance with the
tenns of th is Stipulation ancl Order the SbullJpplemental Environmental Projects
Policy and SEP Work Plan
b If Respondent does not complete the SEP Work Pian within fourteen (14)
months of the date of entry into this Stipulation and Order Respondent shall pay
the SEP penalty offset amount of $20000 This offset amount of $20000 shall be
due within thirty (30) days of the date of the Departments written notice to
Respondent of the amount owing under this provision
73 Submittals All submittals from Respondent pursuant to this
Stlpulatlon and Order shall be sent simultaneously to
To Diana Psebler Senior Envlronmental Scientist (Supervisor) Berkeley Enforcement Branch Department of Toxic Substances Control 700 Heinz Avenue Berkeley California 94710-2721
To Stephanie Lai Attorney Oflce of Legal Counsel Department of Yoxic Substances Control 700 Heinz Avenue
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Berkeley Callfornia 94710-2721
74 Communications AU approvals and decisions of the Department made
regarding such submittals and notifications shall be communicated to Resoondent
In writing by a Branch Chief Department of Toxic Substances Control or hisher
designoe No informal advice guidance suggestions or comments by the
Department regarding reports plans (including work plans) s~cifications
schedules or any other writings by Respondent shall be construed to relieve middot
Respondent of Its obligation to obtain such formal approvals as may be required
75 Department Review and Approval Ifthe Department determines that
any report plan (including work plans) schsdule or other document submitted for
approval pursuant to this Stipulation and Order falls to comply wtth the Stipulation
and Order or falls to protect public health or safely or the environment the
Department may
a Modify the document as deemed necessary and approve the document
as modified or
b Return the document to Respondent witl1 recommended changes and a
dale by which Respondent must submit lo the Department a revised docllmen
Incorporating the reoommendecl changes middot
76 Compliance with Applicable Laws Respondent shall carry out this
Stipulation and Order In compliance with all local State and federal requirements
Including bllt not llmited tO requlremints to obtain pennlls and to assure worker
safely
77 Endangerment During Implementation fn the event that the
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Department determines that any circumstances or activity (whether or not plrsued
in complance with thls Stipulation and Order) are creating an lmmfnent or
substantial endangerment to the health or welfare of pilDple 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 thEl
endangerment Any deadline In this Stipulation and Order directly affected by a
Stop Work Order under this section shall be extended for the term of such Stop
Work Order
78 liability Nothing in this Stipulation and Order shall constitute or be
construed as a satisflt1ction or release from liability for any conditions or claims
arising as a result of pas~ current or futureoperations of Respondent except as
provided In this Stipulation and Order Notwithstanding compliance wlth the terms
of this Stipulation and Order Respondent may be required to take further actions
amiddot iro necessary to protect public heallh or welfare orthe environment
79 Site Acee~ Access to the Site shall be provided at all reasonable
limes to employees contractors and consultants of the Department and any
gency having jurisdiction Nothing in this Stipulation and 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 Dep~rtment and its authorized representatives may
enter and move freely about all property at the Sile at all reasonable times for
purposEJs including but not limited to Inspecting records operating logs and
cartracts relating to the Site reviewing the progress of Respondent in carrying out
middot the tem1s of this Stipulatlor and Order and conducting such tests as the
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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 lo this
Stipulation ana Order
710 Sampliog Data and DocymentAvailabllity Respondent shall permit
the Department and its authorized repr~sentatives to inspect and copy all
sampling lestlng monitoring and other data enerated by Respondent or on
Respondents behalf in any way pertc1lnlng to work undertaken pursuant to this
Stipulation and Order Respondent shall allow the Department and Its authorized
representatives to take duplicates of any samples collected by Respondent
pursuant to this Stipulatio11 and Order Respondent shall maintain a centr11
depository of the data reports and other documents prepared purauant to this
Stipulation and Order All such data reports and other documents shall ba
preserved by Respondent for a minimum of six years after the conclusion of all
activities under this StipL1lation and Order If the Department requests that some or
all of these documents be preserved for a longer period of tfme Respondent shall
either comply with that request deliver the documents to Iha 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 Stlpulation and Order
711 Govern~ent Liabilitle[l The State of California shall not be liable for
Injuries or darnages to persois or property resulting from acts or omis~iors by
Respondent or related parties specified in paragraph 93 in carrying out actMties
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( pursuant to this Stlpulation and Ordar
1 nor shall the State of California be held as a
middotparty to any contract entered into by Respondent or its agenb in carrying Qllt
activities pursuaht to this Stipulation and Order
712 Incorporation of Plans and Reports All plans (lncludlng work plans) 1 schedules and reports that require Department approval and are submitted by
Respondent pursuant to this Stipulation and Order are incorporated in this
Stipulation and Onlar upon approval by the Department
713 Extension Regyesls If Respondent Is Llnable to perform any activity
or submit any document within ths time required under this Stipulation and Order
tile Respondent may prior to expiration of the time request an extension of time In
wtiting The extension request shall include a justification fo1 the delay
714 Extension AgQrovals If the Department determines that good cause
exists for an extension it wlll grant the request and specify in writing a nev complianc~ schedule
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PAYMENTS
S Respondent shall pay the Depsrtment a total of $40 1000 of which
$201000 ismiddota penalty and an offset amount of $20000 is paid through the
Implementation of the approved SEP Pemiddotyment of tha $20000 penalty s~al be
made n fourteen Installments as follows
I Date omiddotue l Pavment Amount I
1 Within 1 O days from the effective date __ $142858I of the Stipulation and Order middot W[thtn 30 days from the Initial paymehf middot t1ttP ~R2
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Within 90 days from the Initial payment
Within 120 days the initial payment
Within 150 days from the initial payment Within 180 days from the Initial payment Within 21 Odays from the Initial payment Within 240 days from the initial payment
J Within 270 days from the initial payment middot
11 Within 300 days from the initial
12 payment Within 330 days tom the initial
13 payment
Within 360 days from the Initial payment
14 Within 390 days from the Initial payment -
Within 60 days the Initial payment I$142a51 I
$142857
$142857
$142857 I ~$142857
$142857
$142857
$142857
$142857
$142857
$142857 ~
$142857
Respondents first paymen1 shaU be dlle within 10 days of the effective date of this
Stipulation f1nd Order Each subsequent payment shall be due within 30 days of
each successive installrren until paid in full In the event that any payment Is not
received at the address set forth below on or before the date whlch it s due the middot
entire remaining balance Including the offset amount of $20000 shall become
immediately due and payable Respondents check shall be made payable to
Department of Toxic Substances Control and shall be delivered together with the
attached Payment Voucher (Exhibit 3) incorporated herein to
Department ofToxic Substances Control
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Accounting Office 1001 I Street P 0 Box 806
Sacramento California 95812middot0806
A photocopy of the check shall be sent to
To Diana Peebler Senior Environmental Scientist (Supervisor) Berkeley Enforcerrnlnt Branch Department of Toxic Substances Control 700 Heinz Avenue Berkeley California 94710-2721
To Stephanie Lal Attorney Office of Legal Counsel Department of Toxic Substances Control 700 Heinz Avenue Berkeley California 04710-2721
If Respondent fails to make any paymen as provided above Respondent
agrees to pay interest at the rate established pursuant to Health a
nd Safety Code
section 253601 and to pay all costs incurred by the Department in pursuing
collection Including attorneys fees
OTHER PROVISIONS
9 1 Additional Enforcement Actions By agreeing to this Stipulation a11d
Order tl1e Department does not waive the right t6 take further enforcement actions
except to the extent provided In this Stipulation and Order
92 Penalties for Noncompliance Failure to comply with the terms of this
Stipulation and Order may subject Respondent to civil penalties andor 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 25middot1 BB
and other applicable provisions of law
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93 Parties Boun~ This Stipulation and Order shall apply to and be binding
upon Respondent and Its officers directors agents receivers trustees
empfoyees 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 thatmay have responsibility for and
middot Jurisdiction over the subject matter of this Stipulation and Order
9A EffectJveDc1te The effective date of this Stipulation and Order Is the
date It Is signed by the Department
95 fnegratlon This agreement constitutes tl)e entire agreement between
the parties and may not be amended supplemented or modified except as
provided In this agreement
96 Ayll)orlty to Entet Into Stipulation and Order Each signatory to this
StipulatJori and Order certifies that he or stie ls fully authorized by the Party he or
she represents to enter Into this Stipulation and Order to execute It on behalf of the
Party
Dated
Original signed by Jake Cherry
Jak Cherry Pr dent Uni rsal Waste Management Inc Res ondent middot
Dated_3_middot_deg1___18_middot__ Original signed by Maria Soria for Diana Peebler
Diana Peebler Department of Toxic Substances Control
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Exhibit 1
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lJNIVERSAL WASTE MANAGEMENT INC
August 31 2017
Ms Maria Soria Department ofToltlc Substances Control 700 Heinz Ave shyBerkeley CA 94710
RE Supplemental Environmental Project (SEP) Work Plan
- Dear Ms Soria
Pleale review the following propos~d Supplemental Environmental Pr0Ject Work Pbin to finalize a portion of the global settlem~nt between Universal Waste Managemen~ Inc (UWM) ruid the Departmmt ofTmdc Substances Control (DTSC) shy
I Uni venal Wast~ Managerne-nt Inc will donate laptopsdsktops or other valuable _technology (tangible assets) to local schools endor local non-profit organiTations Nori-profit organizations that recelve donations from UWM es part of this SEP Work Plan must be-registered tax exempt non~profit organizations The total amotu1t of donated laptopsdesktops and tangible assets shall equal a value of$20000 In doing so local schooli andor non-profit organizationi will receive direct behefit from the tangible assets they wou_ldnt otherwise be able to use
2 Probable Entities for Donatien Below is a liat ofprobable entities who will receive donations as a pa-t oftlili Supplemental Environmental Project Add[tionai enti_ties will be ndded as needed in accordance ith paragraphs and 3 of this SEP W01middotC
Plan and with the approval of DTSC ff an entity is not a local school or tax-exempt ocgallzation UWM shall notify DTSC that UWM intelds to donate laptopsdesktops or other tangible nssets before maldng any donations as part of this SEP UWM shall be nllowed to donate to these entities as part ofhis SE only after approval from DTSC shy
Oakland High School- 1023 MacA1thtll Blvd Oaldand CA 94610 (510)874-3676 Philip StetSOl1 shy
Aviation [nstil11te ofMaintenane- 9636 Earhrut Rd Oakland CA 94621 (510)553-9600 Joshua Smithmiddot - shy
Alliance Academy Middle Schoolmiddot 800 98111 Ave Oaklmd CA 94603 (510)639-2893 David Avery
721 Ji Ave Oakland GA94601 Omce 8888329839 Fax 510 7641J88 fYWJv uo waste mul
Reclamation Nation- PO Box 23642 Oakland CA 94623 (831)325-6350 Brent Perrou
Co liege of Alamedamiddot 970 Harbor Parkway Alameda CA 94502 (650)87S-7887 Hai Ko
The tfarcon House- 2l24 North 6u St Concord CA 94519 (925)788-0626 ]ese Marron
Resources for ComrnunityDeyelopmentbull 2220 Oxford St Berkeley CA 94704 (510)841middot 4410 Olivia King
3 Preference Given to Oakland Schools andor Non Profit OrganiZ)tion~middot At a minimum at least 5loo of llie monetary value donated will be given to Oakland schools ancVor non-profit organizations Firat priority vill be given to Oakland schools or non-prof)t organizations located within foese zip codes 94601 94603 94606 94607 94608 94612 94621 and 94623
4 Periodic Repo1tingmiddot UWM shall subnit to DTSC perioJi~ reportug dcmonsratug the timely quantifiable an succes31 irlplertenatbn of this Sappbm~nta Enviro1mentul Project Ths periodlG reioring wl be enuUed tJ tlreM1l KoshyMadden of the DTSC by the 151 ofeve~y month sw=arizing tte Suppemmtal Enyironment3l Project nctivitis themiddot occured cbrir frte prior monh middot
The periodic report viU Es th rnu1e1 ajx~s end cotact phone nitnJer ofth entities donated to type of item donated number of itm3 donated condition of eachmiddot
i item donaed date the donations are made etiriated value of item coil]ted per paragraph 6 ofthls SEP Work Pbn donation receipt and any other p~rticeat information The periooic 1middot~port wm also list monthly efforts to give doutiou priority to Oiliu~c schools or nor1-poflt org1iiaions wirjn tlie zip codes idertlfted in paragraph 3 UVt-I sh~ coll~ct fnd nibar_ nU douth1rr 1middottcdpts from the entities donated to for final siJrnlssion vi~ L1e com-ikdar r~port (5~e blow) UVtt miy
h d d l - us~ the attacle peno 1a repot~rg temp afo to SUJITIt u1e1r repotJ otmiddot tsc fl
comparable tempa~c of their own making
5 Duration- 14 Mocths bull UWM shall huve 14 mouths from the effctivmiddot~ d1te of t11e Stipulation and Order (yet to be compkted) to compl~e lbis Supplenental Environmental Project
6 Valuation Methodology- For every item donated UWM will fin13 comparable (or bet alternative available) items located on ebay or sites similar to ci1t of ebay An average win then be computed and used to establish the market value of dooated tangible assets Copies of found comparables will be submitted to DTSC witb donatiorr receipts to verify the value oi1and itetns donated middot
7 Monetmmiddoty Value Donated- $20000
8 CompletionRepoitmiddot Upon completion of the Supplemental Environmental Project UWM shnU submit a coripetiou report to DTSC verifyil1g that the Supplemental
721 Jbull Ave OJdr1nd Cl 94601 Ollie SSS8329839 Fnx 510 7641388 JlIl1W1l wns te com
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Environmental Project has been completed in accordance with the terms of the Stipulation and Order (yet to be completed) and the terms of this SEP Work Plan outlined above Tue completion report is due within thirty (30) days of achieving the $20000 donation wnount The completion report will summarize entities doneted to (with aixompanying donation receipt9) list the name address and contact phone number of the entities donated to type ofitems donated number ofitems doneted the estimated value of the items donated per paragraph_ 6 of this SEP Work Plan and any other pertinent information
7213 Ave 0dand wl 9460 Offico1 8888J298J9 Fnx 5107641388 middot WWJVUOWDft~com
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Exhibit 2
l t Department of Toxic Substances Control
Official Policy
SUPPLEMENTAL ENVJRONlyENTAL PROJECTS DTSC-OPQ35 SubjectTitle of Poky Ohicial Policy Number
NA 552016 Supersedes Number(s) Date lssuedErfectlve Date
All Staff Hazardous Waste Managemen Program Targat Audience Issuing Unit
Babara A Lee Director Name Tille of Approving Authorlty
(Signature on file at 552016 adoption date) 5 5 2016
Signature Dale Signed
Reference(s)
California Government Code section 6504012(e) Public Resources Code sections 71116 and 71118 CalEPA Recommsnded Guidance on Supplemehtal Environmental Projects (2003) US EPA Supplemental Envlronmsntal_Projects Policy() 998) California Health and Safety Code sections 251802 2524412-2524423 and 39711 California Code of Regulations title 22 section 662602 US Code title 42 chapter 116 section 11001 et seq and Penal Code section 14300
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SUPPLEMENTAL ENVIRONMENTAL PROJECTS POLICYmiddot DTSC-OP-035 5512016
TABLE OF CONTENTS
Page
I PURPOSE 3
II BACKGROUND 3
Ill DEFlNTIONS IIUI ~ bullbullbullbullbullbullbull bull 3
IV SEP PROJECT GUIDEUNES 4
V ACCEPTABLE SEPs5
VI PRcFERENCES - 8
VII ELIGIBIUTY CRITER6 8
VIII REQUEST FOR SEPs 8
IX SEP PERFORMA~lCE OPTIONS 9
X REQUIREMENTS FOR DMINl3TRATIVE ORDERS ORCIVIL JUDGMaffs AUTHORiZING SEPs 9
XI PROJCT PAYMNT TRAClltING REPORTING AND OVERSIGHT PROVISIONS 10
XII COMPLETIONOF SEPs 10
XIII PUBLIC OUTREACH_10
SUPPLEMENTAL ENVIRONMENTAL PROJECTS POLICY DTSCOP-035 5151201 G Pegs 2 of 10
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( I PURPOSEmiddot
The purpose of the Department of Toxic Substances Controls (DTSCs) Policy on Supplemental Environmena Projscts (SEPs) is to guide DTSCs use of SEPs for administrative and cilil enforcement adlonsmiddot middot
II BACKGROUND
SEPs are environmentally beneflcial_projects that a Defendant agrees to voluntarily undertake In the setuement of an enforcetnent action but which the Defendant is not otherNlse legally required to per(orm In return bTSC agrees to reduce the monetary penalty that would other11isa apply as a result or the vlalatibns)
DTSC has broad discretion to settle enforcement actions Including dlscretlon to include a SEP as a part of an admlQlstrative order or clvll Judgment To further DTSCs statutory mandate to protect public health and ihe environment a SEP may be included In the settlement of any enforcement action In which administrative or clv11 penalties are assessed middot middot
A decision to accept a proposed SEP is within DTSCs S)ie discretion and may depend on the specific Facts of a particular case Even hDLigh a project may appear to satisfy all provisions of this Policy DTSC may decide that a SEP ls not appropriate fof a particular enforcement matter
DTSC recognizes that many Californians live in the midst of multiple sources of pollLtion and that some people and communities are- more vulnerable to the effects of pollution than others middotoTSC believes It is important that its programs and Funding are appropriately directed toward lmproling the environmental health and economic vitality of impacted communities For example consistent 1bull~th slaMory requirements DTSC prioritizes compltance and enforcem~nt actlons afiecting communities Identified by CalEPA as disadvantaged pursuant to Health and Safety Code section 39711 In selecting SEPs to resolve these and other enforcetnenl actions DTSC wlll give preference to proposals benefiting disadvantaged communities middot middot
111 DEFINITIONS
A Defendant Defendant Is the individual company or entity responsible For a violation of an environmental law or regulation lri this policy a defendant also refers to a Respondent In an admlnlsrative action
B Disadvantaged Community A disadvantaged community is described In California Health and Safety Code section 39711
middot These communities shall be identified based on geographic socioeconomic public health and environmental hazard criteria and may include but are not limited to either of the following
SUPPLEMENTAL ENVIRONMENTAL PROJECTS POLICY DTSC-OP-035 5152016 Paga 3 o 10
(1) Areas disproportionately affected by environmental pollution and oUer hazards Uiat can lead to negative public health effects exposure or environmental degradationmiddot
(2) Areas wtti concentrations of people Uiat are of tow income high unemployment lowtevels of homeownership high rent burden sensitive populations or ow levels of educational attainment
C Enviromiddotnmental Justlco The fair treatment of people of all races cultures and Incomes with respect to ttie development adoption Implementation and enforcement cif environmental laws regulations and policies as defined by California Government Code section 6504012
D Non-profit Entity Any corporation trust association cooperative or other organization that meets all of the following criteria
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1 Operates primarily for sci3~ific educaionnl serlce charitable or ober similar purposes In th publc lnt~rast
2 Not organized prinarl1bullfor piofit
3 Uses Its net proceeds tJ riaintaln imprvbull1a or expand or any combination thereof Its operations and
4 Is a tax-exempt organization urder Federal Internal Remiddot1enue Code section 501 (c)(3) or Is able to pro1lde evidemiddotnce that the Stata of California recognizes the organization as a non-prom entity middot
E Recipient An entiiy that receimiddotes SEP funds In eccordance 111th this Polcy
F Supplemental Envlronmentnl Project An environmentally beneficf3I project thnt aDefendant subject to an enforcenant action voluntarily agreas to Lmderake in settiemen of tho dion lo offsat a portion of an administrative or civil penalty
IV SEP PROJECT GUIDELINES
In general the following guidelines apply lo DTSC SEP projects
A A project cannot be Inconsistent with any provision of the underlying statutes that are the basis for the enforcement action and when there are declared objectives of a statute must advance at tea st one of lhe declared objectives
B A project should have adequate nexus to the regulatory responsibilities of DTSC Regulatory nexus is the relationship between the violation and the proposed project A project has an adequ8te relationship only If
1 The project redL1ces the likelihood thEJt slmltar violations wil occur again or
SUPPLEMiNTAL ENVIRONMENTAL PROJECTS POLICY DTSC-OP-035 5520IG Pago 4 of 10
( 2 The project provides environmental or public health benefits that rsmediate or reduce the overall envlronmentalmiddotor public health Impacts or risks to which the violation contributes
C An enforcement action Issued by DTSC that Includes a SEP shall never directly financially benBfit DTSCs funcUons Its staff or family members of DTSC staf other than reimbursing DTSCs SEP oversight cos
D The SEP penaliy offset amount shall be no more than fifty percent (50) of the total monetary selllement paid as penalties and exclusive of any enforcement costs awarded to DTSC middot
E A project cannot be used to satisfy DTSCs or another government agencys statutory or regulatory requirementsor to satisfy the Defendants statutory obligation to perform aparticular activity middot
F Uniass expressly authorized by PTSC administrative expenses charged by the middot Recipient related to the administration of SEPs aro to be no greater than ten percent (10) of Iha total SEP abull1ard
V ACCEPTABLE SEPs
SEPs shall consist only of measures that go beyond the obligations that a Defendant Is already legally required to perform The performance of a SEP may not reduce the slringency or delay the timing of ccimpllance requirements of statutes middot and regulations nor may it alter the Defendants obligation to remedy a violation expeditiously and return to compliance SEPs are an adjunct to DTSCs enforcement program and may not be the basis or reason for bringing an enforcement action A SEP must be enforceable against a Respondent pursuant to an administrative ordar or e Defendant pursuant to a civil judgment Nothing In this Policy should be interpreted or construed as requiring the use of a SEP In resolving an enforcament case Penalties for violations of administrative orders or civil middot Judgments may not ba complately mitigated by the use of SEPs
A proposed SEP project must satisfy the requirements of at least one of the SEP categories below In addition to all of the other requirements established n this Policy
A Public Health
A public health project provides diagnostic preventative andor remedial components of human health care related to the actual or potenllal damage to human health caused by he violation This may Include epidemiological data collection and analysis medical examinations of potentially affected persons collection and analysis of blood fluid or tissues samples medical treatment health fairs and rehabilitation thers1py Public health SEPs are acceptable only when the project primarily benefits the j)opulatlon harmed o(put at risk by the violations
SUPPLEMENTAL ENVIRONMENTAL PROJECTS POUCY DTSC-OP-035 5512016 Page 5 of 1 O
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B Pollution Prevanllon
A pollution prevention project reduces the generation of pollution through source reduction ie any practice that reduce_afoe_amoimLoLany_hazardoussubstance pollutant or contaminant entering any waste stream or othervlse being released Into the environment prior to recycling treatment or disposal
Source reduction may Include modifications to equipment technology processes or procedures reformulation or redesign of products substitution of raw materials and Improvements In housekeeping maintenance traning Inventory control or other operation and maintenance procedures Pollution prevention also middotincludes any project that protects_ natural resources through conservation or Increased efficiency in using energy water or other materials Another form of a pollution prevention activity called in proce_ss recycling wherein waste materials produced durini a manufacturing process are returned directly to production as raw rraerias on-sit~ Is apollution pravention piO)act
In all cases for a proj3Ct to meet Le de~nftlon of pollucon praventio1 thee must be an oveaI decrease in lle mno1Jnt andlort-Jxlcily of pol~tion rel9aed to tile environment rot n1eraly a transfer of pollutiori among media
C Pollution or Hazardous Waste Redlctlon
middot A pollution reducUon project resuls in a dareaas In the amount andor todcity cf any hazardous substance poll1Jtant or contaminant entering any waste stream or otherlse being released into tha environment by an operating business or Facility by a means that does not qualify as pollutio-i prevention This may lnclbullJde the tnstaialbn of more effectivs end-ofprccess conrol or treatment technology improved contalnmn-t or safer disposal o an existns pollJtarit source Pollution reduction aso in-lude ou-of-procsss recycling wherein ind~strial waste collected sft~r the manufacturing pr)cess andor consunier wasts materials are used as raw materials for production off-site redllcing the nead for trealment disposal_ or consumpticn of energy or natllral resources
D Environmental Restoration and Protection
An environmental restoration and prolectionmiddotprojact enhances the condition of the ecosystem or Immediate geographic area adversely affectfJd These projects may restore or protect naural environments (such as ecosystems) and fabricated environments (such as facllities and buildings) This category also
middot includes any project that protects ttie ecosystem from actual or potential damage resulting-from the violation improves the overall condition of the ecosystem protects endangered species or re mediates facilities and buildings by removing or mitigating contaminated materials provided such activities are not otherwise legally required
SUPPLEMENTAL ENVIRONMENTAL PROJECTS POLICY DTSC-OP-0355512016 Paga 6 ol 10
E Assessments and Audits
There are three (3) types of projects [n this catsgory a) pollution prevention middot- assessments b) environmental quality assessments and c) environmental
--middot-middot compliance audits The asse3sments and audits proposed must exceed compliance requirements specified by statUt9 regulation or permit The Defendant must provide DTSC with a copy of the report and the results should be provided to the public excepl to the extent they constitute confidential business Information pursuanl to California Code of Regulations title 22 section 662602
F Envlro nmental Compllance Promotion
An environmental compliance promotion project may Include trainings or technical middotsupport to members of the regulated community or the public to Identify achieve or maintain compliance with appllcable statutor and regulatory requirements or to reduce the generation release or disposal of pollutants beyond legal requirements For example
1 The Defendant may agree to contract with an expert lo develop and Implement the compliance promotion project Acceptable projects may inclL1de producing a seminar directly related to correcting widespread or prevalent vioafons within the Defendants industrymiddotor
2 The Defendant may agree to support community-based environmental compliance projects which may include support of community-based violation reporting networks commLinlty task forces fence-line monitoring projects trainings forums or projects that promoto community-based environmental enforcement and reduction of adverse environmental
middot impacts
3 The Defendant may agree to pay directly to CaEPAs 14300 Environmental Enforcement and Training Account (Pen Codesect 14300 et seq) or CalEPAs Environmental Justice Smalt Grant Program as allowed for under Public Resources Code section 71116
Ci Enforcement Enhancement
SEP funds may be directed towards enforcement enhancement activities such as training and equipment for environmental compliance and enforcement personnel or community members or for acquisition of surveillance and monitoring equipment to support communlty-based environmental monitoring
H Emergency Planning and Preparedness
An emergency planning and preparedness project provides as~istance such as training computers and software or other equlpmenl to an emergency response or planning entity SEPs under this category enable these
SUPPLEMENYAL ENVIRONMENTAL PROJECTS POUCY DTSC-Qp035 552016 Pago 7 of 10
I I I
organizations lo fulfill their obligations under the Emergency Planning and Community Right-to-Know Act 42 USC section 11001 et seq and applicable state statutes to collect Information ta assess tha dangers of hazardous chemlcals present at facilities within their Jurlsdictlon develop emergency response plans train emergency response personneli better respond to chemlcal spills and provide disaster preparedness resources to the public
I Other Types of Projects
This category Includes projects determined by DTSC to have public health or environmental bensfit and that do not fit within one of the categories above but otherwise fully follow all other provlsions of this Policy
VJ PREFERENCES
In Implementing this Policy DTSC establishes the follolling preferences for submitted SSP proposals
A Community Nexus Pojects with a comrnupity nexus wil receiv preference over projects without a community nexus A community nexus edst3 when a SEP benants the community In which potenUal or aJlual harm from the violations addrassed In ths order or Judgment occurred
B Environmental Justice DTSC will piorltiza projects benaiiltirg disadvantaged communities L~at are adjacent to or in close proximity to U1e community In which potential or actual harm from the violation5 addressed in the order or j1dgment occurred
VII ELIGIBILITY CRrTLRIA
A Recipient Is the entty auhorized by DTSC to receive SiP funds and Implement tha SEP To be eligiba to proposa and potent211y receive a SEP the Recipient shalI be one of U1_e folowng
A The company or Individual responsible for the violations (Defendant
B A non-profit entity
C A federally recognized Tribal government
D A local regional or state government enlity
VIII REQUEST FOR SEPs middot
Potential Recipients may submit a Letter of Intent proposing a SEP to DTSC The Letter of Intent shall provide an outline for a proposed agreement between DTSC and the Recipient for Implementation of the SEP The outline may Include a scope
SUPPLEMEelTAL ENVIRONMENTAL PROJECTS POLICY DTSC-OP-035 5152016 Pago 8 of middot10
bull
i
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of work tlmellnss deliverables reporting requirements and Information to add1ess middot the criteria In section IX8 below
IX SEP PERFORMANCE OPTIONS
This Poricy provides two (2) options for performing an approved SEP
A SEPs proposed and performed directly by the Defendant
B SEPs performed by a Recipient other than the Defendant using fu~ds provided by the Defendant In selecting a Recipient to perform or oversee SEP funds DTSC should consider the following crrterla
1 Experience In working with disadvantaged communities or Tribal governments middot middot
2 Experience with grant-making andor project oversight
3 Experience working with envlronment11 or public health Issues
4 Sufficient organizational capacity
5 Ability to provide full accountability tracking and reporting of project expenditures to DTSC and
6 Ability to sponsor educational and training programs relating to environmental enforcement
X REQUIREMENTS FOR ADMINISTRATIVE ORDERS OR CIVIL JUDGMENTS AUTHORIZING SEPs
A SEP must be enforceable through an administrative order or clvi1Jt1dgments The order or Judgment shall
A Accurately and completely describe the SEP Including a scope of work budget relevant supporting materials and provide reliable measureabie and
objective means to verify timely completion middot
B Require periodic reporting to DTSC on agreed upon SEP performance milestones by the R~clplent In order to monitor the timely qLiantifiable and successful completion of the SEPmiddot
middotc Require that whenever the Defendant Recipient or any organization 1ylth which the Defendant contracts to perform a SEP or contracts to publicize a SEP or results of a SEP it will bs stated prominently that the project Is undertaken as part of an order or judgment
D Speciiy on a case-by-case basis the extent of the Defendants continuing responsblllty for Implementing the SEP Address the consequences of failure to
SUPLEMENTAL ENVIRONMENTAL PROJECTS POLICY DTSC-OP035 5512016 Pag~ 9 of 1 O
complete the SEP In accordance YAth the terms and conditions of the order or Judgment
XI PROJECT PAYMENT REPORTING AND OVERSIGHT PROVISIONS
Administrative orders or civil Judgments containing SEPs shall Include provisions for project payment tracking reporting and oversight as follows
A Each Recipient must provide DTSC with a written acknowledgment that SEP funds w11 be spent In accordance wih the terms 61 the administrative order or civil Judgm~nt The Recipient performing l~e SEP must agree to an audit of its SEP expenditures Ii requested by orsc
B The Recipient musi provide DTSC with a completion report submitted under penalty of perjury declaring the comple~on of Lie SEP In accordance with the tems of the order or Judgment and this Policy
C The ReGlplent shall provide DTSC with a full accountiig of project expenditures Any SEP project wlh a budg9t of S250000 or graaer will be subj9ct to an audt DTSC 1bullnll require an audit of any SP regardless of budget sizs unla~s DTSC det~rmines such an audit Is unJJoneous and has other means to venfy expenditures for the work Any aujiting or accouniig costs must be paid by the Defenda1t and must ba performed by an entity acceptable to DTSC
D If the SEP Is not fully lmplementd In accordance wit~ Ilia terms of the order or Judgment DTSv may raqulre the Defenda1t or Reclilent to lrmediateiy pay any SEP penalty offset amount
E If DTSC oversight costs or auditing costs are not pail as agree DTSC is middot entitled to reG0bull1er the full amount of these costs from the De fondant Fuli
payment of th9 SEP or a portion thereof shali be in addition to any olier applicable ramedles fo noncompliance with the admnstativ oder or cvil Judgment
XII COMPLETION OF SEPs
Unless otherwise specified In addition to the Defendant the Recipient performing a SEP Is responsible for completion of the SEP The Recipient shall provide the Department with acompletion report within 60 days upon completion of the SEP DTSC will provide the Defendant with a written stat~ment Indicating the SEP has been completed to satisfy the administrative order or civil Judgment
XIII PUBLIC OUTREACH
DTSC will provide a public process to solicit potential SEPs from Recipients DTSC will pubnsh a Est of approved and completed SEPs on Its website Annually DTSC will provide CalEPA with a list of proposed SEPs approved by DTSC
SUPLEMENTAL ENVIRONMENTAL PPOJECTS POLICY DTSC-OP-035 5152016 Page10of10
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Jj_
( middot
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i ()
Exhibit 3
Docket No
Re_spondent
ID No
County
Total Due
STATE OF CALIFORMIA ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF TOXIC SUBSTANCES CONTROL
PAYMENT VOUCHER
HWCA 20146549
Universal Waste Management Irie
CAL000317656
Alameda
$20000
Date Dus Payment Amount
1 Nithin 10 days from the etiective date the $142858 Stipulation and Order
2 1Vitliin 30 daya froin the lni1ial payment $142858
3 IWitrin 60 days fiom the i1itial payment $142857
4 IWithin 90 days fom the initial payment $142857
5 iwthin 120 damiddots from the initial payment I$142857 I I
6 Within 150 days from the initicil payment I$142857
7 Within 180 days from the Initial payment $142857
8 Within 21 Odays from the Initial payment $142857
9 Within 240 days from the Initial payment $142857
10 Within 270 days from the Initial payment $142857
11 Within 300 days from the initial payment $142857 I
12 IWithin 330 days from the initial payment $142857
3 Within 360 days from the initial payment $142857
14 Within 390 diys from the initial payment $142857
- Stip and Order - Uni Waste Management
-
- (
- STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC _8UBSTANCES CONTROL
- In the M11tter of
- Unlvers11I W11ste M11nagement Inc 721 37th Avenue Oakland CA 94601
- ID No CAL000317656 Respondent
- Docket HWCA 20146549
- STIPULATION AND ORDER
- Health and Safety Code Section 25187
- The State Department of Toxic Substances Control (Department) and Universal Waste Management Inc (Respondent) enter Into this Stipulation and Order (Order) and agree as follows
- 1
-
- 1
-
- 1
- A dispute exists regarding the First Amended Enforcement Order issued by the Oepa1ime11t or1 August 3middot 2017
-
- 2
-
- 2
-
- 2
- The parties wish to avoid the expense of further litigation and to ensure prompt action to achieve the Schedule for Compliance below
-
- 3
-
- 3
-
- 3
- Jurisdiction exists pursuant to Health and Safety Code section 25187
-
- 4
-
- 4
- Respondent waives any right to a hearing in this matter
-
- 5 This Stipulation and Order shall constitute full settlement of the violations alleged In the First Amended Enforcement Order Docket HWCA 20146549 but does not limit the Department from taking appropriate enforcement action concerning other violations
- 6 The Site is defined as the property located at 721 37th Avenuo
-
- 6 The Site is defined as the property located at 721 37th Avenuo
- Oakland CA t4802 and Includes the dsrlnttion of Facility in title 22 section
-
- 662601D
-
- 662601D
-
- SCHEDULE FOR COMPLIANCE
- 7 Respondent shall comply wtth the following
- 71 Respondent shall ensure that universal wastos Including fluorescent lamps are properly contained and labeled when managed by the Respondent In addition Respondent shali ensure that no universal wastes al8 accumulated at
- their place of business for more than one year and shall maintain all shipping
- documents concerning universal waste for no less than three years
- 72 Respondent shall personally execute and complete the approved Supplemental Environmental Project (SEP) according to the approved SEP Work Plan (Exhibit 1) incorporated herein and In accord with any other conditions seit forth in the sections below
- a
-
- a
-
- a
- Implementation of the SEP must be consistent with the Departments guidelines regarding SEPs Exhibit 2) and incorporated herein The successful implementation oi the SEP Is contingent upon but not llmlted to the followin9 oonditlons
-
- a
-
- a
- 1 On a monthly basis Respondent shall report to DTSC by he 15tll of every month summartzing the SEP activitles that occurred during ~e prior month in order to monitor the timely qL1antfftable and sucoessful implementation of the SEP ThB monthly report shall include information as required in the SE Work Plan (Exhibit 1) paragraph 4 for periodic reporting
-
- 2
- a2 If Reepondmt publicizes a SEP or results of a SEP any publictty shall prominently state the project Is part oi an enforcement settlement agreement between tte Department and Respondent
- a3 The Respondent acknowledges the SEP will be performed In accordance with the terms detailed with this Stipulation and Order and agrees to an audit of its SEP expenditures If requested by orsc
- a4
-
- a4
-
- a4
- The Respondent shall provide DTSC with a completion report wlthln th lily (30) days of completion of the SEP Work Plan submitted under penalty of perjury declarlng the completion of the SEP Work Plan In accadance with the tenns of th is Stipulation ancl Order the SbullJpplemental Environmental Projects Policy and SEP Work Plan
-
- b
-
- b
- If Respondent does not complete the SEP Work Pian within fourteen (14) months of the date of entry into this Stipulation and Order Respondent shall pay the SEP penalty offset amount of $20000 This offset amount of $20000 shall be due within thirty (30) days of the date of the Departments written notice to Respondent of the amount owing under this provision
-
- 73 Submittals All submittals from Respondent pursuant to this Stlpulatlon and Order shall be sent simultaneously to
-
- 73 Submittals All submittals from Respondent pursuant to this Stlpulatlon and Order shall be sent simultaneously to
- To
-
- To
-
- To
- Diana Psebler Senior Envlronmental Scientist (Supervisor)
-
- TR
-
- Berkeley Enforcement Branch
-
- TR
-
- Department of Toxic Substances Control
-
- TR
-
- 700 Heinz Avenue
-
- TR
-
- Berkeley California 94710-2721
-
- To
-
- To
- Stephanie Lai Attorney
-
- TR
-
- Oflce of Legal Counsel
-
- TR
-
- Department of Yoxic Substances Control
-
- TR
-
- 700 Heinz Avenue
-
- 3
- Berkeley Callfornia 94710-2721
- 74 Communications AU approvals and decisions of the Department made regarding such submittals and notifications shall be communicated to Resoondent
- In writing by a Branch Chief Department of Toxic Substances Control or hisher designoe No informal advice guidance suggestions or comments by the Department regarding reports plans (including work plans) s~cifications schedules or any other writings by Respondent shall be construed to relieve middot Respondent of Its obligation to obtain such formal approvals as may be required
- 75 Department Review and Approval Ifthe Department determines that any report plan (including work plans) schsdule or other document submitted for approval pursuant to this Stipulation and Order falls to comply wtth the Stipulation
- and Order or falls to protect public health or safely or the environment the Department may
- a Modify the document as deemed necessary and approve the document as modified or
- b Return the document to Respondent witl1 recommended changes and a dale by which Respondent must submit lo the Department a revised docllmen Incorporating the reoommendecl changes middot
- 76 Compliance with Applicable Laws Respondent shall carry out this Stipulation and Order In compliance with all local State and federal requirements Including bllt not llmited tO requlremints to obtain pennlls and to assure worker safely
-
- 77 Endangerment During Implementation fn the event that the
-
- 77 Endangerment During Implementation fn the event that the
- 4
-
- 4
-
- Department determines that any circumstances or activity (whether or not plrsued in complance with thls Stipulation and Order) are creating an lmmfnent or substantial endangerment to the health or welfare of pilDple 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 thEl endangerment Any deadline In this Stipulation and Order directly affected by a
- Stop Work Order under this section shall be extended for the term of such Stop
- Work Order
- 78 liability Nothing in this Stipulation and Order shall constitute or be construed as a satisflt1ction or release from liability for any conditions or claims arising as a result of pas~ current or futureoperations of Respondent except as provided In this Stipulation and Order Notwithstanding compliance wlth the terms of this Stipulation and Order Respondent may be required to take further actions amiddot iro necessary to protect public heallh or welfare orthe environment
- 79 Site Acee~ Access to the Site shall be provided at all reasonable
-
- 79 Site Acee~ Access to the Site shall be provided at all reasonable
- limes to employees contractors and consultants of the Department and any
- gency having jurisdiction Nothing in this Stipulation and 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 Dep~rtment and its authorized representatives may
- enter and move freely about all property at the Sile at all reasonable times for
- purposEJs including but not limited to Inspecting records operating logs and
- cartracts relating to the Site reviewing the progress of Respondent in carrying out middot the tem1s of this Stipulatlor and Order and conducting such tests as the
- 5
-
- 5
-
- 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 lo this Stipulation ana Order
- 710 Sampliog Data and DocymentAvailabllity Respondent shall permit the Department and its repr~sentatives to inspect and copy all sampling lestlng monitoring and other data enerated by Respondent or on Respondents behalf in any way pertc1lnlng to work undertaken pursuant to this Stipulation and Order Respondent shall allow the Department and Its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Stipulatio11 and Order Respondent shall mainta
-
- authorized
-
- 711 Govern~ent Liabilitle[l The State of California shall not be liable for Injuries or darnages to persois or property resulting from acts or omis~iors by Respondent or related parties specified in paragraph 93 in carrying out actMties
- 6
-
- 6
-
- pursuant to this Stlpulation and Ordar 1 nor shall the State of California be held as a middotparty to any contract entered into by Respondent or its agenb in carrying Qllt activities pursuaht to this Stipulation and Order
-
- pursuant to this Stlpulation and Ordar 1 nor shall the State of California be held as a middotparty to any contract entered into by Respondent or its agenb in carrying Qllt activities pursuaht to this Stipulation and Order
-
- 712 Incorporation of Plans and Reports All plans (lncludlng work plans)1
-
- 712 Incorporation of Plans and Reports All plans (lncludlng work plans)1
-
- schedules and reports that require Department approval and are submitted by Respondent pursuant to this Stipulation and Order are incorporated in this Stipulation and Onlar upon approval by the Department
-
- 713 Extension Regyesls If Respondent Is Llnable to perform any activity or submit any document within ths time required under this Stipulation and Order tile Respondent may prior to expiration of the time request an extension of time In
- wtiting The extension request shall include a justification fo1 the delay
- 714 Extension AgQrovals If the Department determines that good cause exists for an extension it wlll grant the request and specify in writing a nev complianc~ schedule
-
- 714 Extension AgQrovals If the Department determines that good cause exists for an extension it wlll grant the request and specify in writing a nev complianc~ schedule
- PAYMENTS
-
- PAYMENTS
-
- S Respondent shall pay the Depsrtment a total of $401000 of which $201000 ismiddota penalty and an offset amount of $20000 is paid through the Implementation of the approved SEP Pemiddotyment of tha $20000 penalty s~al be made n fourteen Installments as follows
- I Date omiddotue l Pavment Amount
- 1
- Within 1 O days from the effective date __ $142858
- I
-
- I
- of the Stipulation and Order middot
-
- W[thtn 30 days from the Initial paymehf middot t1ttP ~R
- 2
- 7
-
- 7
-
- Form
-
- Form
- Form
- Form
- Form
- Form
- Form
- Within 90 days from the Initial payment
-
- Within 90 days from the Initial payment
- Within 120 days the initial payment
- Within 150 days from the initial payment Within 180 days from the Initial payment Within 21 Odays from the Initial payment Within 240 days from the initial payment
- J Within 270 days from the initial payment middot
-
- 11
-
- 11
-
- 11
- Within 300 days from the initial
-
- 12
-
- 12
-
- Form
-
- payment Within 330 days tom the initial
-
- 13
-
- 13
-
- Form
-
- payment Within 360 days from the Initial
-
- TR
-
- payment
-
- 14
-
- 14
- Within 390 days from the Initial
-
- TR
-
- TD
-
- Form
-
- payment
- -
-
- Within 60 days the Initial payment I$142a51
-
- Form
-
- I
-
- I
-
- $142857 $142857 $142857
- ~
-
- I
-
- $142857
- $142857 $142857 $142857 $142857 $142857
-
- Form
- Form
- Form
- Form
-
- $142857
-
- ~
- Form
-
- $142857
-
- Form
-
- Respondents first paymen1 shaU be dlle within 10 days of the effective date of this Stipulation f1nd Order Each subsequent payment shall be due within 30 days of each successive installrren until paid in full In the event that any payment Is not received at the address set forth below on or before the date whlch it s due the middot entire remaining balance Including the offset amount of $20000 shall become immediately due and payable Respondents check shall be made payable to
- Department of Toxic Substances Control and shall be delivered together with the attached Payment Voucher (Exhibit 3) incorporated herein to Department ofToxic Substances Control B
- Accounting Office 1001 I Street P 0 Box 806 Sacramento California 95812middot0806
-
- Accounting Office 1001 I Street P 0 Box 806 Sacramento California 95812middot0806
-
- A photocopy of the check shall be sent to
- To
- Diana Peebler Senior Environmental Scientist (Supervisor) Berkeley Enforcerrnlnt Branch Department of Toxic Substances Control 700 Heinz Avenue Berkeley California 94710-2721
- To
- Stephanie Lal Attorney Office of Legal Counsel Department of Toxic Substances Control 700 Heinz Avenue Berkeley California 04710-2721
- If Respondent fails to make any paymen as provided above Respondent
- nd Safety Code section 253601 and to pay all costs incurred by the Department in pursuing collection Including attorneys fees OTHER PROVISIONS
- 9 1 Additional Enforcement Actions By agreeing to this Stipulation a11d
- Order tl1e Department does not waive the right t6 take further enforcement actions except to the extent provided In this Stipulation and Order
- P
-
- Link