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Vernon Plant Closed Over Toxics

Battery recycler has tainted soil and 'poses an unacceptable risk to human health,' a state official says.

April 25, 2013|Jessica Garrison and Kim Christensen
  • Wearing breathing devices, employees move boxes around by forklift at the lead smelting company Exide Technologies in Vernon. State regulators took the highly unusual step Wednesday of suspending operations at the battery recycler.
Wearing breathing devices, employees move boxes around by forklift at… (Bob Chamberlin / Los Angeles…)

State regulators took the highly unusual step Wednesday of suspending operations at a Vernon battery recycler that has discharged harmful quantities of lead for years and more recently has been deemed to pose a danger to as many as 110,000 people because of arsenic emissions.

The state Department of Toxic Substances Control said its order came after officials learned this spring that Exide Technologies, one of the largest car battery recyclers in the world, had been continuously releasing hazardous waste into the soil beneath its plant because of a degraded pipeline.

The temporary shutdown follows several Los Angeles Times stories about arsenic emissions from the plant, which air quality officials said pose an increased cancer risk to as many as 110,000 people living in Boyle Heights, Maywood and Huntington Park. The South Coast Air Quality Management District said the plant posed a higher cancer risk to more people than any of 450 operations the agency has regulated in the last 25 years.

"This facility poses an unacceptable risk to human health and the environment and must suspend its operations until it comes into compliance," toxics department Director Debbie Raphael said. She said the company must figure out exactly how badly it has contaminated surrounding land and come up with an acceptable plan for cleaning it up.

An Exide official said via email that the company "does not comment on administrative or legal actions." Earlier this year another spokeswoman for the company stressed that it has worked hard to protect neighboring communities.

The facility has a long history of air pollution and hazardous waste violations, which include allegedly allowing lead dust to sprinkle down on neighboring rooftops and sidewalks, spilling lead onto Interstate 5 and contaminating ground water, according to regulators' reports. Lead is a potent neurotoxin and is considered unsafe for children at even very low levels.

Even so, the state toxics department has allowed the Vernon plant, which melts tens of thousands of batteries a day, to operate on "interim status" since the 1980s. It is the only hazardous waste facility in California that does not yet have a permit required by the landmark 1976 Resource Conservation and Recovery Act -- intended to ensure the safe treatment, storage and disposal of hazardous waste.

Exide's environmental problems have not been confined to its Vernon plant or to California. Since late last year, the company has closed its lead-smelting operations in Texas and Pennsylvania after running afoul of regulators, residents and some elected officials.

In Boyle Heights and Maywood, residents and officials said they believe that lead and other substances from the plant have made them sick, citing respiratory ailments, neurological diseases and cancer. They questioned why it took state regulators so long to act.

"It is long overdue," said Maywood Councilman Felipe Aguirre, who said he and others have been begging toxics department officials to do something about the plant for years. "They didn't do a damn thing."

State Sen. Kevin de Leon (D-Los Angeles) was also dismayed. "I am concerned because it shouldn't take a Los Angeles Times story or letters from legislators for the DTSC to become engaged," he wrote to the department's director.

The problems at the plant, which opened in 1922, predate the involvement of Exide. The company took over the plant in 2000.

Vernon City Administrator Mark Whitworth said officials intend to monitor regulators' actions to make sure that the area around the plant is "completely safe before the facility is cleared to resume operation."

But some critics worried that if the plant does not reopen, taxpayers could be on the hook for the cleanup bill. Liza Tucker, an advocate with Santa Monica-based Consumer Watchdog, said the $10 million the company posted for cleanup is "nowhere near enough" to fix the contamination officials know about, let alone issues they may not be aware of. State officials disputed that assertion.

The temporary closure, the first to target a large plant in many years, coincided with a state Environmental Protection Agency finding that the most polluted ZIP Code in Southern California includes Vernon. The industrial town of about 100 residents is surrounded by much more populous communities composed largely of working-class families.

The Vernon plant is one of only two lead battery smelters west of the Rocky Mountains and melts up to 40,000 batteries a day. Mark Thorsby, executive vice president of Battery Council International, predicted that the suspension would not affect battery prices.

Raphael, head of the toxics department, said state officials are supportive of battery recycling, but not at the expense of public health. "With more than 30 million cars in California, we clearly need an effective method of recycling," she said. "But recyclers must also play by the rules."

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