STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TOXIC SUBSTANCES CONTROL

ln the Matter of:

Global Surplus Solutions, lnc. 216 South 2nd Avenue, Suite 932 San Bernardino, Califomia 92408

Freddie L. Wendt (an individual)

ID No. CA1000353164

Respondents.

Docket HWCA20167279

CONSENT ORDER

Health and Safety Code Section 25187

The State Department of Toxic Substances Control (Department) and

Respondents Global Surplus Solutions, lnc. a suspended Califomia corporation

(GSS,) and Freddie L. Wendt, an individual (Wendt), (collectively "Parties") enter

into this Consent Order and agree as follows:

1. Respondents caused universat waste (etectronic waste) to be dismantled

at 216 South 2d Avenue, Suite 932 in San Bernardino, California (Slte) and sent

dismantled CRTs out of state for further recycling.

2. The Department conducted a review of the Respondent Globa! Surplus

Solutions, lnc.'s CRT shipment records on December 20,2013.

3. Authorization Status. Respondent GSS notified the Department on April

30,2010 as a recycler anddismantler of electronic waste.

4. The Department alleges the following violation:

4.1. On or about

Global Surplus Solutions HWCA 20167279

December 20,2013, Respondents violated California

Code of Regulations, title 22, section 66273.72(c)(3) by failing to ensure that

458,542 pounds of CRTs sent to Dow Management LLC (Dow) in Yuma, Arizona

between October 24,2012 and January 7,2013 were recycled through reclamation

at a CRT glass manufacturer or lead smelter.

5. The parties wish to avoid the expense of litigation, and the Respondents

are no longer in business.

6. The Respondentss agree not to participate in the management of

universal waste (including electronic devices) or hazardous waste (including CRTs

or CRT glass intended for hazardous waste disposal) in the state of California from

July 13,2017 onward.

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

B. Respondents waives any right to a hearing in this matter.

9. This Consent Order shall constitute full settlement of the violation alleged

above, but does not limit the Department from taking appropriate enforcement

action conceming other violations.

10. Respondents admit the violations described above and acknowledge

receipt of the Summary of Violations dated July 13,2017.

COMMUNICATIONS

11. All submittals from the Respondents pursuant to this Consent Order

shall be sent simultaneously to:

Stephanie LaiAttorneyDepartment of Toxic Substances Control700 Heinz Avenue, Suite 200

Global Surplus Solutions HWCA 20167279

Berkeley, California 947 1A

and

Rick Robison Senior Environmental Specialist (Supervisor) Department of Toxic Substances Control 700 Heinz Avenue, Suite 200 Berkeley, California 947 10

11.1. Communications: All approvals and decisions of the Department

made regarding such submittals and notifications shall be communicated to

Respondents 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 Respondents shall be construed to relieve Respondents of

its obligation to obtain such formal approvals as may be required.

11.2. Department Review and Approval: lf 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

Respondents with recommended changes and a date by which Respondents must

submit to the Department a revised document incorporating the recommended

changes.

11.3. Liabilitv: 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 Respondents, except as

provided in this Consent Order. Notwithstanding compliance with the terms of this

Global Surplus Solutions HWCA 20167279

Consent Order, Respondents may be required to take further actions as are

necessary to protect public health or welfare or the environment.

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

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

Respondents or related parties specified in paragraph 12.3, 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 Respondents or its agents in carrying out

activities pursuant to this Consent Order.

11.5. lncorporation of Plans and Reports: All plans, schedules, and reports

that require Department approval and are submitted by Respondents pursuant to

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

Department.

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 Noncompliance: Failure to comply with the terms of this

Consent Order may subject Respondents 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 apply to and be binding upon

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

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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 it

is signed by the Department.

12.5. Integration: This agreement constitutes the entire agreement between

the parties and may not be amended, supplemented, or modified, except as

provided in this agreement.

12.6. Compliance with Waste Discharge Requirements: Respondents shall

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

Resources Control Board or a California regional water quality control board.

12.7. This Consent Order may be signed in counterparts.

12.8. Authority to Enter Into Consent Order: Each signatory to this Consent

Order certifies that he or she is fully authorized by the Party he or she represents to

enter into this Con·sent Order, to execute it on behalf of the Party

• Originally signed by Mr. Fred Wendt ---=:;.====---------(Dated: _:, ~_\"..._ ~..,.____\ \7 ___ ~

'~ Respondent Mr. Fred Wendt President, Global Surplus Solutions, Inc. for Global Surplus Solutions, Inc. a suspended California corporation and himself as an individual 216 South 2nd Avenue, Suite 932 San Bernardino, California 92408

5 Global Surplus Solutions HWCA 201 67279

Dated: __....:7°.£.1;!,_;L.Z1-l:....,17c.....__'

Originally signed by Rick Robison

Rick Robison Senior Environmental Specialist (Supervisor) Department of Toxic Substances Control 700 Heinz Avenue, Suite 200 Berkeley, California 94710

6 Global Surplus Solutions HWCA 20167279