the rockwell settlement has been filed and entered
TRANSCRIPT
JOHN K VAN DE RAMPAttorney General
State of California
DEPARTMENT OF JUSTICE
2101 WEBSrERSTREETOAKLAND 94612-304 9
(415)464-4200
November 28, 199 0
William Vetter B28Legal DepartmentRockwell International2230 E . Imperial HighwayEl Segundo, CA 9024 5
Dear Bill :
People v . Rockwell ; Finalized Agreement
(415) 464-1219
At long last, the Rockwell settlement has been filed and entered
in court . I have attached copies of all filed documents .
Thank you for your efforts once again .
Very truly yours ,
JOHN K . VAN DE KAMPAttorney General
KEN ALEXSupervising Deputy Attorney Genera l
cc Maxine RicheyJuan GuitierrezVajie MotiafardFlorence PearsonScott SimpsonTeddi Berger
HDMSe00044389
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Yes ENo 11/30/9 01 R
0PAY CASH TO : ZoRAW CHECK IN F . OR OF : (Check applicable box )
Department of Health Services, Toxic Substances Control Program, Accounting Unit, 714/744
P Street, P . 0 . Box 74732, Sacramento, CA 94234-7320
AMOUN T, . wAIJ TENT - 5'-• _ ,.-~ lO DO! IOr sN0/10077;---1---- --------- --' 6 6 a~xUURED " EIGHTY THOUSAND AN D
A8
280=000
00S{ tS2 .NAME DI V
. PT . fGo PJohn W . Bradley (for delivery to W . Vetter, Corporate/ E1 Seg.) 05 8Y
M D
A1
5.D 1`~4C
Settlement of Complaint "People of the State of California, ex rel Kenneth W . Kizer, Director ,
State Department of Health Services (Plaintiffs) vs . Rockwell International, a Delawar e
Corporate ( Defendants ) Case No . BC01576 0
R .EOU TED BY - DEPT . GROU APPR OEP T . GROUP CASH RECEIVED B Y
7DEPT . ROU P
(r(Jli 597 59
D T. ACCOUNT ORDE SUB-ACCTBEN E.
. STAT 11 . . .AMOUNT AUDITED / PAID VOUCHER NO.EPT STAMP
CHECK NO. DATE PAID
APPROVED BY . . .
FORM 5-0 REV . 7-73
HDMSe00044390
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JOHN K. VAN DE RAHAttorney General
of the State of Californi a
THEODORA BERGERChief Assistant Attorney GeneralANDREA SHERIDAN QRU11v
Assistant Attorney GeneralKEN ALEXDeputy Attorney Genera .i2101 Webster Street
Telephone: ( 415) 464-121 9Oakland, California 94612-3049
Attorneys for Plaintiff s
EOPLE OF THE STATE OF. CALIFORNIA,
x rel Kenneth W . Kizer, Director ,tate Department of Health Services
orporation,
)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
PlaintiffI
OCKWELL INTERNATIONAL , a Delaware
Defendant .
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Judgment is hereby
► ~~L FILEDNOV 27199 0
r _
COUNTY CLERK
No . 3CD ISM
JUDGMENT PURSUANT TOSTIPULATION
entered in the above captioned case pursuant
to the terms of attached Stipulation for Entry of Judgment which
is
IT
incorporated by reference .
IS SO ORDERED AND ADJUDGED :
JUDGE OF THE SUPERIOR COURT
dated : // '27-9
HDMSe00044391
JOHN K. VAN DE KAMP, Attorney Genera l
56
of the State of CaliforniaANDREA SHERIDAN ORDINChief Assistant Attorney Genera lTHEODORA BERGERAssistant Attorney General
ALEXDeputy Attorney Genera l2101 Webster StreetOakland, California 94612-304 9Telephone r (415) 464-121 9
Attorneys
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
EOPLE OF THE STATE OF CALIFORNIA,x rel Kenneth W. Kizer, Director,tate Department of Health Service s
Plaintiff ,
OCKWELL INTERNATIONAL ,orporation ,
for
Defendant .
California
Plaintiffs
1 ~F f~L FILE DNOV 27 1990
CCLCLERK
No . C bLS7 6
STIPULATION FOR ENTRYOF JUDGMENT
People of the State of
ex rel . Kenneth W . Kizer, Director, State Department
f Health Services ("Department "), filed a complaint in the Los
Angeles County Superior Court, agains t
(Rockwell) s a generator of
Rockwell Internationa l
waste and the operator of
Canoga
hazardous
hazardous waste facilities located at (Santa Susan a
Park) . The
terms
Department and Rockwell now settle that action on the
set forth in this Consent Judgment (hereafter "Agreement .
a Delaware
HDMSe00044392
Complaint
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The complaint in this action (attached as Exhibit A,
and hereafter "Complaint°) alleges that Rockwell violate d
provisions of the Hazardous Waste Control Act (HWCA), HSC S S
25100 et seq ., HWCA regulations (California Code of Regulations ,
title 22, hereafter title 22), and the hazardous waste permit s
with respect to Rockwell hazardous waste operations at the Santa
Susana and Canoga Park sites .
3 . Jurisdiction .
The Department and Rockwell agree that the Los Angeles
County Superior Court has subject matter jurisdiction over th e
matters alleged in this action and personal jurisdiction over th e
parties to this Agreement .
Settlement of Disputed Claims .
The parties enter into this Agreement pursuant to a
compromise and settlement of disputed claims forthe purpose of
furthering the public interest . For the purpose of this
Agreement, Rockwell admits none of the allegations of the
Complaint, except that for the limited purposes of any subsequent
action brought pursuant to the Hazardous Waste Control Act,
Health and Safety Code sections 25100 et seq ., within 5 years of
the date of the violations alleged in the Complaint, Rockwel l
admits the allegations of Causes of Action 1 through 4, 6, 12
through 17, 19, 20, 22, 23 and 26 inclusive . Except as stated ,
HDMSe00044393
nothing in this Agreement shall be construed as an admission by
Rockwell of any violation of law or of any issue of law or fact,
nor shall anything in the Agreement prejudice, waive, or impair
any right, remedy, or defense Rockwell may have in any other or
further legal proceeding . This paragraph shall have no effect
upon any of the obligations, responsibilities, and duties of
Rockwell under this Agreement .
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5 . BASIC SETTLEMENT .
Rockwell agrees to pay civil penalties in the amount o
$280,000 . Payment shall be made to the Department of Health
Services Toxic Substances Control Program within ten days of
entry of"the order set forth at the end of this Agreement, and
mailed to :
Department of Health ServicesToxic Substances Control ProgramAccounting Unit714/744 P StreetP .O .Box 94732Sacramento, CA 94234-7320 .
Compliance Schedule
va. NTO .may lIA
(1) Rockwell convert its NTO aspiration
system to Nitrogen aspiration by November 1,
1990 . The system shall meet all requirements
of applicable laws, regulations, and permits,
including but not limited to air emission
requirements .
Rockwell may, at its discretion, alone or in
HDMSe00044394
concert with NASA, prepare and submit t o
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EPA's Office of Solid Waste in Washington,
D.C . a Request for Regulatory Interpretation
seeking OSW's view of Rockwell ' s and NASA' s
legal position that the NTO-related
substances generated through a water
aspiration process are not regulated by or
are exempted from the hazardous waste
requirements of the Resource Conservation and
Recovery Act . If Rockwell and/or NASA
receive a favorable determinationon their
request, DHS shall meet with Rockwell
representatives to determine whether a
variance or other special authorization i s
required under Califo rnia law and regulation
for the management of the NTO-related
substances in the manner previously employed
by Rockwell, or in such modified manner a s
Rockwell may propose . If no such variance
ISD modification or permit is required,
Rockwell shall be entitled to proceed as i
proposes . If avariance is required, DHS
shall promptly issue such variance upon
receipt of an application and fee from
Rockwell and upon receiving any necessary
approvals or assurances from the Regional
Quality Control Board which regulates
HDMSe00044395
Rockwell's NPDES permit and WWTU .
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b . Within 90 days of entry of this Order, Rockwel l
shall do the following :
(1) submit a plan for characterization of the
contamination at the Sodium Burn Area, B133,
at the Santa Susana site ;
for the drums at the Santa Susana sodium
storage area submit :
(a) proof, including but not limited to
photographic evidence, that the waste
stored is in a solid/chunk form;
(b) samples of the waste, upon DHS request ;
(c) a schedule for removal of the waste,
subject to funding approval by the U .S .
Department of Energy . The parties to
this Agreement agree that destruction of
the waste should occur as expeditiously
as possible . Rockwell agrees to request
in writing that DOE approve expeditious
destruction of the waste beginning
immediately . Rockwell agrees that
new sodium waste shall be kept in
storage for over one year ;
certification that appropriate spill
containment equipment has been placed
the sodium storage area ;
submit a plan for dealing with Beryllium
at
HDMSe00044396
contaminated HEPA at the Canoga Park sit e
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that is hazardous waste ;
urface Impoundment s
(1)
d 2
(ABSP STL-IV
DELTA, SPA 1 and 2, ECL) .
a: d 2, APTF 1
Rockwell shall work with the Department t o
develop sampling plan for the closed
surface impoundments and sub t the plan to
the Department , for approval within 90 days .
Rockwell shall take samples according to the
plan and compare the analytical results wit h
previous EAR sampling for the su=rface
impoundments in order to determine whether
the existing level of contamination is
generally the same as that revealed through
the E+ sampling and shall determine whether
it is of a level sufficient to present a risk
to public health and the environment when
evaluated pursuant to a health based ris k
assessment . If the contamination does pose
such a risk, Rockwellshall act to remediate
the problem. If the contamination at any
surface impoundment does not pose a risk to
public health and the environment, then the
Department and Rockwell shall consider the
closure completed .
d . For all submissions, the Department will review
and comment upon Rockwell 's submissions within ninety days of
HDMSe00044397
compliance items described in any Notice of Violation, Report of
Violation or other Complaint dated on or before the date o f
execution of this Agreement with respect to the Canoga or Santa
Susana sites . The provisions of this paragraph are expressly
conditioned on compliance by Rockwell in all material and
substantial respects with the terms and conditions of this
Agreement .
b. Except as expressly provided in this Agreement ,
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nothing in this Agreement is intended nor shall it be construed
to preclude the Department from exercising its authority under
any law, statute or regulation . Furthermore, nothing in this
Agreement is intended nor shall it be construed to preclude an y
state agency , department , board or entity from exercising its
authority under any law, statute, or regulation .
Notice .
All submissions and notices required by this Agreement
shall be sent to :
DHS : Dennis DickersonToxic Substances Control Division (Region 3)Deva--tment of Health Services1405 N . San Fernando Blvd , Suite 300Burbank, CA 9150 4
All
Rockwell : Steve LafflamDirector, Environmental and Energy ConservationRocketdyne DivisionRockwell International Corporation6633 Canoga AvenueCanoga Park, CA 9130 3
approvals and decisions of the Department regarding an y
matter requiring approval or decision under the terms of thi s
HDMSe00044398
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receipt . If the Department cannot complete review within ninety
of receipt shall so notify Rockwell within the ninety
and state the date by which review shall be completed .
If the Department rejects the submissions
it shall specify in writing why the
fails to be satisfactory .
ple
in whole or in part,
action, or proposal
Upon receipt of the written
notification , Rockwell shall have thirty days in which to submit
a revised action, plan, or proposal and documentation tha t
addresses
cause
the issues raised in the notification . For reasonable
Rockwell may submit a request in writing at least five
days before expiration
to complete
f the 30 day period for additional time
its revision . Failure by Rockwell to submit an
acceptable revised plan or proposal? and documentation may be a
material breach of this Stipulation .
shall not be unreasonably withheld .
provide comments or notify Rockwel l
view within 90 days of receipt of
Approval by the Department
If the Deoarvment does nct
that it cannot complete
an action ,- plan , or proposal ,
shall be deemed to be accepted by the Department and Rockwell
shall implement it in accordance with this Agreement . Rockwell
shall begin implementation of plans as they are approved by the i
Department and shall subi t a statement to the Departmen t
certifying commencement of such
approval of each plan .
implementation within 30 days o
7 . Matters Covered by This Ac=eement .
a . This Agreement settles all violations alleged by
the Complaint in this matter and all violations or othernon-
HDMSe00044399
Agreement shall be communicated in writing to Rockwell by Denni s
Dickerson or his designee . No oral advice, guidance, suggestions
or comments by employees or officials ofthe Department regarding
submittals or notices shall be construed to relieve Rockwell of
its obligation to obtain the final written approvals required by
this Agreement .
Department Not Liable .
The Department shall not be liable for any injury, or
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damage to persons or property resulting from acts or omissions by
Rockwell, its directors, officers, employees, agents ,
representatives or contractors in carrying out activities
pursuant to this Agreement, nor shall the Department be held as
party to or guarantor of any contract entered into by Rockwell ,
its-directors, officers, employees , agents, representatives or
contractors in carrying out activities required pursuant to this
Agreement .
10 . Modification of Agreement .
This Agreement may be modified upon written approval
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the parties hereto and the court .
11 . Annlication of Aareement .
This Agreement shall apply to and be binding upon th e
Department and Rockwell and agents and the successors or assign
of either of them .
HDMSe00044400
1 Authority to EnterAareement .
she
Each signatory to this Agreement certifies that he
is fully authorized by the party he or she represents to
enter into this Agreement , to execute it on behalf
or
of the part
represented and legally to bind that party .
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13 . Integration,
This Agreement constitutes the entire agreement between
the parties and may not be amended or supplemented except as
provided for in the Agreement .
IT IS SO STIPULATED
Dated: 1 7 B.
Dated : << I g 5 B
Dated : ~~Z 9Q
JOIN K . VAN DE KAY-D, Attorney Generalof the State of California
ANDREA SHERIDAN ORDIN, ChiefAssistant Attorney General
THEODORA BERGER, Assistant AttorneyGeneral
KEN ALEXDeputy Attorney Genera l
KEN ALEX, Deputy Attorney GeneralAttorneys for Department of HealthServices
DEPARTMENT OF HEALTH SERVICES
KENNETH W . KIZER, M .D.,M.P=H.DirectorDepartment of Health Services
ROCKWELL INTERNATIONAL
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HDMSe00044401
WILLIAM VETTER, Assistant Genera lCounsel, Attorney for RockwellInternational
H DMSe00044402-
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ORIGINAL FILEDNOV 2 71990
COUNTY CLERK
THEODORA BERGERAssistant Attorney General
Chief Assistant Attorney GeneralANDREA SHERIDAN ORDINof the State of CaliforniaJOHN K . VAN DE KAMP, Attorney General
KEN ALEXSupervising Deputy Attorney General2101 Webster StreetOakland, California 94612-3049Telephone: ( 415) 464-1219
s ._s
ta
Attorneys for Plaintiff s
c SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES1 0
11 EOPLE OF THE STATE OF CALIFORNIA,p0~:oi57ot).
122x rel Kenneth W. Kizer , Director ,State Department of Health Services COMPLAINT FOR CIVIL
13 Plaintiffs,PENALTIES , INJUNCTIVERELIEF, AND RECOVERY OF
) COSTS OF INVESTIGATION1 4
15 ROCKWELL INTERNATIONAL CORPOR.aTION ,1a Delaware Corporatio n
Defendant . )1 7
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21 The People of the State of California ex rel . Kenneth
22 W. Kizer, Director of the California Department of Health
23 Services , allege as follows :
2 4 PLAINTIFFS
2 5 1 . Kenneth W Kizer is the Director of the State
26 Department of Health Services . The Department of Health Service s
2 7 (DHS) is a public agency of the State of California organized and
HDMSe00044403
existing under and pursuant to sections 100 et seq. of the Health
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and Safety Code . DHS is the state agency responsible for the
administration of the Hazardous Waste Control Law, Chapter 6 . 5
division 20 of the California Health and Safety Code , sections
25100 et seq . (EWCA) .
2 . Pursuant to section 25182 of the California Health
and Safety Code, the Attorney General of the State of California
is authorized, at the request of DHS, to commence an action for
civil penalties under the Hazardous Waste Control Law in the name
f the People of the State of California .
DEFENDANTS
3 . Rockwell International (Rockwell) is, and at all
relevant times was a Delaware Corporation doing business in
California . Rockwell owns the Canoga Park site and Areas I an
III t the Santa Susana site, and operates all hazardous wast e
areas"at both sites .
JURISDICTION AND VENUE
4 . This court has jurisdiction pursuant to Cal . Const .
Art . 6, section 5 . Venue is proper under Health and Safety Cod e
section 25183 .
STATEMENT OF THE CAS E
5 . DHS, in the name of the People of the State of
California, seeks civil penalties and injunctive relief pursuant
to sections 25189, 25189 .2, 25181 and 25184 of the California
HDMSe00044404
Health and Safety Code for repeated and continuing violations at
5
the Santa Susana and Canoga Park sites o f
Control
the Hazardous Waste
Law, which governs the operation of hazardous waste
storage, transportation, treatment ,
Susana site,
wastes at the Santa
GENERAL ALLEGATIONS
Rockwell' s Santa Susana site is located in the Simi
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the
contamination of the ground by hazardous
Hills in southeastern portion
the Los Angeles County lin e
approximately 2700 acres .
and disposal, including
of Ventura County, adjacent t
on an elevated plateaucoverin g
The site is divided into four areas, designated as
II, III, and IV. Areas I, III, and IV are owned by Rockwell .
Areas I and III areoperated by the Rocket-dyn e
Rockwell, and Area IV i s
Engineering Center .
Rockwell/Rocketdyne .
DOE .
division
operated by the Energy Technology
a II is owned by NASA and operated
The remaining part of Area IV
by
leased by
8 . Rockwell operates the Santa Susana hazardous wast e
facilities pursuant to interim status documents (ISDs) an d
hazardous waste permits . The ISDs allow Rockwell to operate a
hazardous waste facility, subject to all conditions specified in
the ISD, the Hazardous Waste Control Act (HWCA,Health and Safety
Code 55 25100 et seq.), and all relevant regulations , pending the
issuance f a hazardous waste facility permit. Rockwell operates
27 at the Santa Susana site under the following EPA identification
H DMSe00044405
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numbers : CAD093365435, CA1900090010, CAD00062997 2
CA389009000 1
9 . Rockwell's operations at the Santa Susana site
include research, development, and testing of rocket engines
lasers, nuclear reactors, and other related technologies .
Chemicals used in these operations include organic solvents ,
hydrazide fuels, oxidizers , kerosene-based fuels, and liquid
metals . Asbestos, PCBs and hydraulic oil are also used . The
operations generate hazardous waste . Radioactive wastes are
stored in Area IV .
10 . Rockwell has an ISD for Areas I and III for
storage and treatment of hazardous waste at five surfac e
impoundments . At Area II, Rockwell has an ISD for its surface
impoundments and a state permit for containerized storage and PC B
storage . At Area IV, Rockwell has a permit for the=al tre_=ent
of sodium metal and for storage of containers of sodium waste .
11 . Rockwell 's Canoga Park facility is located at 6633
Canoga Avenue, Canoga Park, California . Operations include
machining, plating and degreasing as part of manufacturing rocket
engines . Rockwell generates numeroushazardous wastes associated
with these operations . Rockwell operates the Canoga Park
facility as a generator of hazardous waste only . Its hazardous
waste storage permit number CAD074103771 expired in 1988 .
12 . On June 19, 20, and 28, 1989 ; November 7, 1989 ;
December 19, 1989 ; January 4, 1990 ; and January 30, 1990, duly
authorized representatives of DES inspected the Santa Susana
site . On January 25, 1990, duly authorized representatives o
HDMSe00044406
DHS inspected the Canoga Park facility . During these
inspections, DHS representatives observed numerous violations 0
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the HWCA and the regulations promulgated under the
San ta Susana
June 15, 20, and 28, 1989 Inspection
FIRST CAUSE OF ACTION
(Failure to Complete Closure)
HWCA .
13 . Paragraphs 1-12 are realleged as if fully set
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forth herein .
14 . Section 67213 of Title 22 of the California Code
of Regulations
operator of
(hereafter, "Title 22 owner or
a hazardous waste facility complete closure of th+
hazardous waste facility within 180 days after the Department
approves the closure plan .
15 . The Department approved the following closure
plans on September 30, 1988 :
a . five surface impoundments in Areas I and III ;
- and
b, five surface impoundments in Area IS .
Closure of those areas was not certified until September 2
1989, over 350 days after plan approval .
16 . Each and every violation set forth in this cause
of action constitutes a negligent or intentional violation of th
Health and Safety Code or DHS regulations, for which Rockwell is
subject to civil penalties of up to $25,000 and for continuing
violations, $25,000 per day, for each violation, pursuant t o
HDMSe00044407
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Section 25189 (b) of the Health and Safety Code; or alternatively
constitutes a non-negligent and non-intentional violation
each violation, and for continuing violations, $25,000 per day,
for
which Rockwell is subject to civil penalties of up to $25,000 for
for each violation pursuant to section 25189.2(b) of the Health
and Safety Code; for which Rockwell is liable according to proof .
SECOND CAUSE OF ACTION
(Improper Closure )
17 . Paragraphs 1-12 are realleged as if fully set
orth herein .
18 . Section 67212 of Title 22 grants the Department
he authority to modify a facility' s closure plan -and requires
f
that
acc
a facility owner or operator close its facility in
dance with the modified closure plan .
19 . The Department modified Rockwell's closure pla n
r its tenf
September 3 0
requirements
surface impoundments prior to approval of the plan on
1988 . The
for
modifications set forth specifi c
soil and related testing as part of closure
Rockwell failed to follow the approved closure plan, and di d
insufficient testing as part of closu r
20 . Each and every violation set forth in this caus e
f action constitutes a negligent or intentional violation of th e
Health and Safety Code orDHS regulations, for which Rockwell i s
subject to civil penalties of up to $25 , 000 and for continuing
violations, $25,000 per day, for each violation , pursuant t
27 11 Section 25189(b) of the Health and Safety Code ; or alternatively
HDMSe00044408
constitutes a non-negligent and non-intentional violation, fo r
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which Rockwell is subject to civil penalties of up to $25,000 for
each violation, and for continuing violations, $25,000 per day,
for each violation pursuant to section 25189 . 2(b) of the Health
and Safety Code; for which Rockwell is liable according to proof .
THIRD CAUSE OF ACTION
(Post Closure Plan )
21 . Paragraphs 1-12 are realleged as if fully set
forth herein .
22 . Section 67213 of Title 22 requires that an owner
or operator of a facility comply with its approved closure plan .
23 . Rockwell's two approved closure plans (f or Area I
and III surface impoundments and Area II surface impoundments
recuired submission of a post-closure planwithin 60 days of
approval of the closure plan. Rockwell failed to submit any such
post-closure plans .
24 . Each and every violation set forth in this cause
of action constitutes a negligent or intentional violation of th6
Health and Safety Code or DHS regulations, for which Rockwell is
subject to civil penalties of up to $25,000 and for continuin g
violations, $25,000 per day, for each violation, pursuant to
Section 25189(b) of the Health and Safety Code ; or alternatively
constitutes a non-negligent and non-intentional violation, for
which Rockwell is subject to civil penalties of up to $25,000 for
each violation, and for continuing violations, $25,000 per day,
for each violation pursuant to section 25189 .2(b) of the Health
HDMSe00044409
and Safety Code ; for which Rockwell is liable according to proo
FOURTH CAUSE OF ACTION
(Treatment Without a Permit
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Paragraphs 1-12 are realleged as if fully set
26 . Section 25201 of the Health and Safety Code
25 .
orth herein .f
requires a DES permit for treatment of hazardous waste .
27 . Rockwellhas treated hazardous waste without a
pe=it using its thermal destruction unit in the burn pit of Area
I since approximately 1961 .
28 . Each and every violation set forth in t^_s caus e
f action constitutes a negligent or intentional violation of the
Health and Safety Code or DHS regulations, for which Rockwell ' i s
subject to civil penalties o up to $25,000 a_
violations , $25,000 per day, for each violation ,
Section 25189(b) of the Health and Safety Code
for continuing
pursuant to
or alternatively
constitutes a non-negligent and non-intentional violation, f o r
which Rockwell is
each violation
subject to civil penalties of up to $25,000 for
and for continuing violations, $25,000 per day ,
for each violation
and Safety Code ;
FIFTH CAUSE OF ACTION
(Construction Without Permit
29 . Paragraphs 1-12 are realleged as if fully set
forth herein .
pursuant to section 25189 .2(b) of the Health
for which Rockwell is liable according to proof .
HDMSe00044410
30 . Section 66388(b) of Title 22 sets forth requires
permit applications
a permit before
waste facilities must b
submitted to the Department at least 180 days before
1989 inspection ,
anticipated beginning of construction of the facility
receive actual construction begins .
31 . At the June 19
observed that Rockwell had
units at Areas
the
and must
the Department
constructed two NTO neutralization
32 . Each and every violation set forth in this caus e
10
11
1 2
13
4
1 5
1 6
19
2 0
2 1
2 2
2 3
24
25
2 6
27
action constitutes a negligent or intentional violation of th e
Health and Safety Code or DHS regulations, for which Rockwell as
subject to civil penalties of up to $25,000 and for continuin g
violations, $25,000 per day, for each violation, pursuant t o
Section 25169(b) of the Health and Safety Code ; or alternatively
constitutes a non -negligent and non-intentional violation, `or
each violation, and for continuing violations, $25,000 per day ,
which Rockwell is subject to civil penalties of up to $25,000 f
for each violation pursuant to section 25189 .2(b) of the Health
and Safety Code; for which Rockwell i liable according to proo
SIXTH CAUSE OF ACTION
33 .
I and Ill .
for hazardous
(Inspections )
Paragraphs 1-12 are realleged as if fully set
forth herein
34 . Section 25159 .5 of the Health and Safety Cod e
incorporates regulations promulgated pursuant
Conservation and Recovery Act,
to the Resource
42 U .S .C . 6901 et seq ., where such
HDMSe00044411
HWCA. 40 C .F .R . S 265 .195(c) requires daily and weekly
inspections of generators tanks .
35 . Rockwell has no record of any inspections for the
1 11 regulations are more stringent than those promulgated under th e
1 0
11
1 2
1 3
1 4
1 6
1 7
1 8
1
2 0
21
22
23
24
25
26
27
following :
a . three generator tanks located in Areas I and
IIIbefore June 19, 1989 ; and
b . three generator tanks located in Area II
before August 9, 1989 .
36 . During a March 8, 1988 inspection of the same
facility, the Department ' s inspectors cited Rockwell for the
identical absence of inspection records .
37 . Each and every violation set forth in this cause
of action constitutes a negligent or intentional violation of th
Health and
subject to
Safety Code or DHS regulations, for which Rockwell i s
civil penalties of up to $25,000 and for continuing
violations, $25, 00 0
Section 25189(b) of
p
the
e
day, for each violation
Health and Safety Code
pursuant
I
to
or alternatively
constitutes a non-negligent and non-intentional violation, fo r
which Rockwell is subject to civil penalties of up to $25,000 fo r
each violation, and for. continuing violations, $25,000 per day ,
for each violation pursuant to section 25189 .2(b) of the Health
and Safety Code ; for which Rockwell is liable according to proof .
SEVENTH CAUSE --OF- ACTION
(Illegal Disposal of Hazardous Waste)
38 . Paragraphs 1-12 are realleged as if fully se t
HDMSe00044412
1 forth herein.
39 . Sections 25189 and 25189 .2 of the Health and
Safety Code make it illegal to dispose of hazardous waste at an
unauthorized point .
40 . On information and belief, the Department is aware
the following disposals of hazardous waste :
8
9
1 0
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12
13
1 4
1 5
1 6
1 7
1 8
19
2 0
2 1
22
23
24
25
2 6
27
On or about May 1988, a DOE survey found that
sodium hydroxide leaked from an underground
tank contaminating surrounding soil at are a
T133 of Area IV ;
The soil at the T133 area of Area IV is
currently contaminated by hazardous waste of
an unknown source .
41 . Each and ever, violation set forth in this cause
of action constitutes a negligent or intentional violation of the
Health and Safety Code or DHS regulations for which Rockwellis
subject to civil penalties of up to $25,000 and for continuing
violations, $ 25,000 per day, for each violation, pursuant to
Section 25189(b) of the Health and Safety Code ; or alternatively
constitutes a non-negligent and non-intentional violation, for
which Rockwell is subject to civil penalties of up to $25,000,
and for continuing violations, $25,000 per day, for each
violation, pursuant to section 25189 .2(b) of the Health and
Safety Code ; for which Rockwell is liable according to proof .
EIGHTH CAUSE OF ACTION
Notification of Discharge )
1
HDMSe00044413
1 11 42 . Paragraphs 1-12 are
forth herein .
3
4
10
1 1
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13
1 4
1 5
1 6
1 7
1 8
19
20
21
22
23
24
25
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27
realleged as if fully set
43 . Section 67145 of the Health and Safety Code sets
forth reporting requirements for owners and operators of
hazardous waste facilities in emergency situations and when there
is a release of hazardous waste .
44 . Rockwell did not report to DHS the release of
hazardous waste at the sodium burn unit until at least May 22,
1988, well after its initial determination of contamination in
1987 .
45 . Each and every violation set forth in this caus e
of action constitutes a negligent or intentional violation of the
Health and Safety Code or DHS regulations , for which Rock-well is
subject to civil penalties of up to $25 ,000 and for continuing
violations, $25,000 per day, for each violation, purssan : to
Section 25189(b) of the Health and Safety Code ; or alternatively
constitutes a non-negligent and non-intentional violation, for
which Rockwell is subject to civil penalties of up to $25,000 for
each violation, and for continuing violations, $25,000 per day,
for each violation pursuant to section 25189 .2(b) of the Health
and Safety Code ;
proof
for which Rockwell is liable according. to
Santa Susana
November 7, 1989 Inspection
NINTH CAUSE OF ACTION
Treatment of Hazardous Waste Without a
1
Permit
HDMSe00044414
46 . Paragraphs 1-12 are reallegedas if fully set
forth herein
47 . Section 25201 of the Health and Safety Code
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8
9
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11
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1 3
1 4
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16
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1 8
1 9
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21
2 2
23
2 4
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26
27
requires that
hazardous
facility obtain a permit before treating
waste . Section 66216 of Title 22 defines "treatment, "
inter alia, as any method, technique or process designed to
change the physical character of any hazardous waste so as to
render such waste nonhazardous or-safer to dispose .
4 8
the Departmentt
had been dilu
At the time of the November 7, 1989 inspection,
discovered that since approximately 1985, Rockwell
ing its NTO hazardous waste with water in order to
increase the pH and release the diluted NTO into land and wate r
without meeting requirements
49 . Each
for disposal of hazardous wa s
and every violation
of action constitutes a
Health and Safety Code
set forth in this caus e
negligent or intentiona l
or DHS regulations,
violation of the
for which Rockwell is
subject to civil penalties of up to $25,000 and for continuing
violations , $ 25,000 per day, for each violation, pursuant to
Section 25189(b) f the Health and Safety Code ; or alternatively
constitutes a non-negligent and non-intentional violation, fo r
which Rockwell is subject to civil penalties of up to $25,000 fo r
each violation, and for continuing violations, $25,000 per day ,
for each violation pursuant to section 25189 .2(b) of the Health
and Safety Code ; for which Rockwell is liable according to proof .
TENTH CAUSE OF ACTION
Illegal Disposal of Hazardous Wast
13
HDMSe00044415
50 . Paragraphs
forth herein .
51 .
1 are realleged as if fully set
Sections 25189 and 25189 .2 of the Health and
Safety Code make it illegal to dispose of hazardous waste at an
unauthorized point .
52 . Atthe time of the November 7, 1989 inspection,
DES discovered that Rockwell disposes of hazardous NTO
contaminated wastewater, directly discharging it onto the ground
1 0
. 1
12
13
1 4
1 6
1 7
1 8
1 9
2 0
21
2 2
23
24
25
2 6
27
and into a creek. The NTO waste is first diluted into water and
further diluted with water in order to maintain the pH above 2 .
Rockwell began this practice during 1985 .
53 . Each and every violation set forth in this cause
of action constitutes anegligent or intentional violation of the
Health and Safety Code or DES regulations for which Rockwell i s
subject to civil penalties of up t $25,000 and for continuin g
violations , $ 25,000 per day, for each violation , pursuant to
Section 25189(b f the Health and Safety Code ; or .alternatively
constitutes a non-negligent and non -intentional violation, for
which Rockwell is subject to civil penalties of up to $25,000,
and for continuing violations, $25,000 per day, for each
violation, pursuant to section 25189 .2(b) of the Health and
Safety Code; for which Rockwell is liable according to proof .
ELEVENTH CAUSE OF ACTION
(Dilution of Restricted Waste )
54 . Paragraphs 1-12 arerealleged as if fully set
forth herein .
1
HDMSe00044416
55 . Section 67720 of Title 22 sets forth restrictions
2
5
6
9
10
1 1
12
1 3
1 4
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16
1 7
1 8
19
2 0
2 1
22
2 3
2 4
25
26
27
on the dilution of restricted hazardous wastes
by LDR, including liquids with a
those restricted
pH less than 2 .
56 . At the time of the November 7, 1989 inspection,
the Department determined that Rockwell improperly diluted NTO
hazardous waste with a pH of less than 2 in order to avoid land
ban restrictions .
of action
57 . Each and every violation set forth in this cause
constitutes a 'negligent or intentional violation of the
Health and Safety Code o r
subject to
DHS regulations for which Rockwell is
civil penalties of up to $25,000 and for continuin g
violations, $ 25,000 per day, for each violation, pursuant t o
Section 25189(b) of the Health and Safety Code; or alternatively
constitutes a non -negligent and non -intentional violation, for
which Rockwell is subject to civil penalties cf up to $25,000 ,
and for continuing violations, $25,000 per day, f
violation, pursuantto section 25189
Safety Code; for which
2(b) o
r each
the Health and
Rockwell is liable according to proof .
Santa Susana
December 19, 1989 Inspection
TWELFTH CAUSE OF ACTION
(manifests)
58 . Paragraphs 1-12 are realleged as if fully set
forth herein .
59 . Section 66484 (f) of Title 22 requires that the
generator of hazardous waste submi t
1
to the Department within
HDMSe00044417
1 thirty days of shipment a legible copy of each manifest used .
2
1 0
1 1
12
13
1 4
1 5
1 6
17
1 8
1 9
2 0
21
22
2 3
2 4
25
2 6
27
60 . At the time of the December 19, 1989 inspection,
Rockwell stated that it never sent to the Department any of the
manifests for hazardous wastes shipped to Texas .
61 . Each and every violation set forth in this cause
of action constitutes a negligent or intentional violation of the
Health and Safety Code or DHS regulations, for which Rockwell is
subject to civil penalties of up to $25,000 and for continuing
violations, $25,000 per day, for each violation, pursuant t o
Section 25189 (b) of the Health and Safety Code ; or alternatively
constitutes a non-negligentand non-intentional violation, to=
which Rockwell is subject to civil penalties of up to $25,000 f
each violation, and for continuing violations , $ 25,000 per day,
for each violation pursuant to section 25189 .2 (b) of the Health
and Safety Code ; for which Rockwell is liable according to
proof .
THIRTEENTH CAUSE OF ACTION
(LDR Records )
62 . Paragraphs 1-12 are realleged as if fully set
forth herein .
63 . Section 67740 of Title 22 sets forth recmirements-
for maintenance of records regarding land disposal restriction s
(LDR) on hazardous waste .
64 . At the time of the December 19, 1989 inspection ,
Rockwell failed to maintain on site copies of three notifications
for shipments of LDR waste .
1
HDMSe00044418
65 . Each and every violation set forth in this cause
1 0
1 1
12
1 3
1 4
1
1 6
17
1 8
19
20
21
22
23
2 4
25
26
27
of action constitutes a negligent or intentional violation of the
Health and Safety Code or DES regulations , for which Rockwell a
subject to civil penalties of up to $25,000 and for continuin
Section 25189 (b) of the Health and Safety Code; or alternatively
violations, $25,000 per day, for each violation, pursuant to
constitutes a non-negligent and non-intentional violation
which Rockwell is subject to civil penalties
for
of up to $25, 000 for
each violation, and for continuing violations, $25,000 per day,
for each violation pursuant to section 25189 .2(b) of the Health
and Safety Code ; for which Rockwell is liable according to proof .
FOURTEENTH CAUSE OF ACTION
(training records )
66 . Paragraphs 1-12 are realleged as if fully set
forth herein
67 . Section 67105 of Title 22 sets forth requirements
for a facility 's hazardous waste training records .
68 . At the time of the December 19, 1989 inspection ,
Rockwell failed to include job titles and failed to record
whether personnel received the required
months of the date
training records .
training withinsix
f employment at the facility in their
69 . Each and every violation set forth in this cause
of action constitutes a negligent or intentional violation of the
Health and Safety Code or DHS regulations for which Rockwell is
subject to civil penalties of up to $ 25,000 and for continuing
1
HDMSe00044419
1 0
11
1 2
1 3
1 4
15
1 6
1 7
1 8
1 9
20
21
22
23
2 4
25
2 6
27
violations, $25,000 per day, for each violation, pursuant to
Section 25189(b) of the Health and Safety Code; or alternatively
constitutes a non-negligent and non-intentional violation, for
which Rockwell is subject to civil penalties of up to $25,000,
and for continuing violations, $25,000 per day, for each
violation, pursuant to section 25189 .2(b) of the Health and
Safety Code ; for which Rockwell is liable according to proof .
Santa Susana Area IS
January 4, 1990 Inspection
FIFTEENTH CAUSE OF ACTION
(LDR notifications )
70 . Paragraphs 1-12 are realleged as if fully set
forth herein .
71 . Section 67740 of Title 22 sets forth requirements
for maintenance of records regarding land disposal restrictions
(LDR) on hazardous waste .
72 . At the time of the January 4, 1990 inspection of
Santa Susana Area II, Rockwell failed to maintain on site copies
f four notifications for shipments of LDR waste .
73 . Each and every violation set forth in this cause
of action constitutes a negligent or intentional violation of the
Health and Safety Code or DHS regulations , for which Rockwell is
subject to civil penalties of up to $25,000 and for continuing
violations , $ 25,000 per day, for each violation, pursuant to
Section 25189 ( b) of the Health and Safety Code; or alternatively
constitutes a non-negligent and non-intentional violation, for
18 .
H DMSe00044420
which Rockwell is subject to civil penalties of up to $25 , 000 for
each violation, and for continuing
for each violation pursuant
violations, $25 000 per day
to section 25189 .2(b) of the Health
and Safety Code; for which Rockwell liable according to proo f
SIXTEENTH CAUSE OF ACTION
1 0
1 1
12
13
1 4
1 5
1 6
1 7
1 8
1 9
2 0
21
2 2
23
2 4
2 5
2 6
27
(manifests)
74 . Paragraphs 1-12 are realleged as if fully set
forth herein .
75 . Section 66492 of Title 22 sets forth requirements
for maintenance of manifests until receipt of a signed copy from
the designated facility that receives the waste .
76 . At the time of the January 4, 1990 inspection o f
Santa Susana Area II, Rock-well failed to have available f
review the signed copies of manifests from the designated
facility that received the waste .
77 . Each and every violation set forth in this cause
of action constitutes a negligent or intentional violation of the
Health and Safety Code or DHS regulations , for which Rockwell is
subject to civil penalties of up to $25,000 and for continuing
violations, $25,000 per day, for each violation, pursuant t o
Section 25189 (b) of the Health and Safety Code ; or alternatively
constitutes a non-negligent and non-intentional violation, for
which Rockwell is subject to civil penalties of up to $25,000 for
each violation, and for continuing violations, $25,000 per day,
for each violation pursuant to section 25189 .2 (b) of the Health
and Safety Code; for which Rockwell is liable according to proo
19 .
H DMSe00044421
Santa Susana Area IV
January 30, 1990 Inspection
1 0
11
12
13
1 4
15
1 6
17
1 8
1 9
2 0
2 1
22
23
2 4
25
2 6
27
SEVENTEENTH CAUSE OF ACTION
(training )
78 . Paragraphs 1-12 are realleged as if fully set
forth herein .
79 . Section 67105 of Title 22 sets forth requirements
for a facility's hazardous waste training records .
80 . At the time of the January 30, 1990 inspection o f
Santa Susana Area IV, Rockwell failed to include job titles, a
written description for each job related to hazardous waste
management, and a written description of the type and amount o
training that will be provided to each employee filling a
hazardous waste management position in its training records .
81 . Each and every violation set forth in this cause
of action constitutes a negligent or intentional violation of the
Health and Safety Code or DHS regulations, for which Rockwell is
subject to civil penalties of up to $25,000 and for continuing
violations, $25,000 per day, for each violation, pursuant to
Section 25189 (b) of the Health and Safety Code ; or alternatively
constitutes a non-negligent and non-intentional violation, for
which Rockwell is subject to civil penalties of up to $25,000 for
each violation, and for continuing violations, $25,000 per day,
for each violation pursuant to section 25189 .2(b) of the Health
and Safety Code; for which Rockwell is liable according to proof .
2
HDMSe00044422
EIGHTEENTH CAUSE OF ACTION
(facility safety )
1 0
1 1
1 2
1 3
1 4
5
1 6
1 7
18
19
2 0
21
22
2 3
2 4
25
2 6
27 86 . Paragraphs 1-12 are realleged as if fully se t
21 .
8 2
forth herein
Paragraphs 1-12 are realleged as if fully se t
83 . Section 67120 of Title 22 requires that a facility
be maintained and operated to minimize the possibility of a fire ,
explosion, or any unplanned, sudden or non-sudden release of
hazardous waste or hazardous waste constituent .
84 . At the time of the January 30, 1990 inspection o
Santa Susana Area IV, Rockwell had stored on site ten drums of
reactive hazardous waste for over one year, including one drum
that had been in storage since January 1978 .
85 . Each and every violation set forth in this caus e
of action constitutes a negligent or intentional violation of the
Health and Saf e zy Code or D'r.S regulations, for which Rockwell i s
subject to civil penalties of up to $25,040 and for continuing
violations, $25 000 per day, for each violation,-pursuant t
Section 25189 (b) of the Health and Safety Code ; or alternatively
constitutes a non-negligent and non-intentional violation, fo r
which Rockwell is subject to civil penalties
each violation, and for-continuing violations
for each violation pursuant to section 2518 9
and Safety Code; for which Rockwell
of up to $25,000 for
$25,000 per day,
2(b) of the Health
liable according to proof .
NINETEENTH CAUSE OF ACTION
(spill control equipment)
HDMSe00044423
8
9
1 0
11
1 2
13
1 4
1
1 6
17
1 8
1 9
2 0
2 1
22
2 3
2 4
25
2 6
27 92 . At the time of the January 30, 1990 inspection of
2
forth herein .
87 Section 67121 of Title 22 sets forth requirement s
for a facility's spill control equipment .
88 . At the time of the January 30 ,
Santa Susana Area
equipment, such as
storage area .
of action
Health
89 . Each and every violation set forth in this cause
constitutes a negligent or intentional violation of th e
and Safety Code or DHS regulations, for which Rockwell i s
subject to civil penalties of up to $25, 000 and for continuing
violations, $25,000 per day, for each violation, pursuant to
Section 25189 (b) of the Health and Safety Code ; or alternatively
constitutes a non-negligent and non-intentional violation, for
which Rockwell is subject to civil penalties of up to $25,000 f
each violation , and for continuing violations , $25,000 per day,
for each violation pursuant to section 25189 .2(b) of the Health
and Safety Code; for which Rockwell-is liable according to proo f
TWENTIETH CAUSE OF ACTION
.(contingency plan )
90 . Paragraphs 1-12 are realleged .as if fully set
forth herein .
91 . Section 67141 of Title 22 sets forth requi rements
for a facility' s hazardous waste contingency plan, which
describes, inter alia, emergency response procedures .
1990 inspection of
IV, .Rockwell failed to have basic spill control
a shovel, at its Building 029 hazardous wast e
HDMSe00044424
Santa Susana Area IV, Rockwell's contingency plan failed
1 0
1 1
1 2
1 3
1 4
1 6
17
1 8
1 9
2 0
21
2 2
2 3
2 4
25-
2 6
27
include the name and phone number of the emergency coordinator .
93 . Each and every violation set forth in this cause
of action constitutes a negligent or intentional violation of the
Health and Safety Code or DHS regulations, for which Rockwell is
subject to civil penalties of up to $25,000 and for continuing
violations, $25,000 per day, foreach violation, pursuant t o
Section 25189(b) of the Health and Safety Code ; or alternatively
constitutes a non-negligent and non-intentional violation, for
which Rockwell is subject to civil penalties of up to $25,000 for
each violation, and for continuing violations, $25,000 per day,
for each violation pursuant to section 25189 .2(b) of the Health
and Safely Code; for which Rockwell is liable according to proof .
TWENTY-FIRST RUSE OF ACTION
(record availability )
94 . Paragraphs 1-12 are realleged as if fully se
forth herein .
95 . Section 67164 of Title 22 sets forth requirements
for a facility's record availability for inspection .
96 . At the time of the January 30, 1990 inspection of
Santa Susana Area IV, Rockwell failed to make available fo r
inspection upon request of the Department its annual report .
97 . Each and every violation set forth in this cause
of action constitutes a negligent or intentional violation of the
Health and Safety Code or DES regulations, for which Rockwell is
subject to civil penalties of up to $25,000 and for continuing
2
HDMSe00044425
1
8
9
1 0
1 1
12
1 3
1 4
15
16
17
1 8
19
2 0
21
22
23
24
25
2 6
27
violations , $25,000 per day, for each violation,
Section 25189 (b) of the Health and Safety Code ;
constitutes
pursuant to
or alternatively
a non-negligent and non-intentional violation, fo r
which Rockwell is subject to civil penalties of up to $25 , 000 for
each violationand for continuing violations , $ 25,000 per day,
for each violation pursuant to section 25189 .2(b) of the Health
and Safety Code ; for which Rockwell is liable according to proof
Canoga Park
January 25, 1990 Inspection
TWENTY- SECOND CAUSE OF ACTION
(storage without permit )
98 . Paragraphs 1-12 are realleged as if fully set
fo rth here-;n .
99 . Section 25201 of the Health and Safety Code
requires that a facility obtain a permit before storing hazardous
waste for more than 90 days .
100 . At the time of the January 25 1990 inspection o
the Canoga Park site ,_ the Department discovered that since
Rockwell stored drums over 90 days on thirteen occasions withou t
permit for a total of 236 days .
101 . Each and every violation set forth in this caus e
f action constitutes - a negligent or intentional violation of the
Health and Safety Code or DES regulations, for which Rockwell is
subject to civil penalties of up to $25 , 000 and for continuing
violations , $ 25,000 per day, for each violation , pursuant to
Section 25189 (b) of the Health and Safety Code ; or alternatively
24 .
HDMSe00044426
1
5
constitutes a non-negligent and non-intentional violation, fo r
which Rockwell is subject to civil penalties of up to $25 , 000 for
each violation , and for continuing violations , $ 25,000 per day,
for each violation
and Safety
TWENTY-THIRD CAUSE OF ACTION
(labeling )
1
2
10
1 1
1 2
13
1 4
15
1 617
8
20
19
2 1
2 2
23
4
25
2 6
27
102 . Paragraphs 1-12 are realleged as if fully set
forth herein .
103 . Section 66508 of the Title 22 sets forth
requirements for the labeling of containers containing hazardous
waste .
104 . At the time of the January 25 , 1990 inspection of
the Canoca Park site, the Department observed that 16 containers
failed to have a hazardous waste accumulation date .
105 . Each and every violation set forth in this cause
f action
pursuant to section 25189 .2(b) of the Health
Code ; for which Rockwell is liable according toproo
constitutes a negligent or intentional violation of the
Health and Safety Code or DHS regulations, for which
subject to civil penalties of up to $25
Rockwell is
000 and for continuing
violations , $ 25,000 per day , for each violation pursuant to
Section 25189 (b) of the Health and Safety Code ; or alternatively
constitutes a non-negligent and non-intentional violation, for
which Rockwell is subject to civil penalties of up to $25,000 for
each violation, and for continuing violations 25,000 per day ,
for each violation pursuant to section 25189 . 2(b) of the Health
and Safety Code ; for which Rockwell is liable according to proof .
2
HDMSe00044427
TWENTY-FOURTH CAUSE OF ACTION
(more labeling )
1 0
1 1
1 2
13
1 4
1 6
1 7
1 8
1 9
2 0
2 1
22
23
2 4
25
2 6
27
106 . Paragraphs 1-12 are realleged as if fully set
forth herein .
107 . Section 66508 of theTitle 22 sets forth
requirements for the labeling of containers containing hazardou s
waste
108 . At the time of the January 25, 1990 inspection of
the Canoga Park site, the Department observed that one container
and five tanks failed to be labeled uhazardcus waste . "
109 . Each and every violation set forth in this caus e
f action constitutes a negligent or intentional violation of th e
Health and Safety Code or DHS regulations, for which Rockwell is
subject to civil penalties of up to $25,000 and for continuing
violations, $25,000 per day, for each violation, pursuant to
Section 25189(b) of the Health and Safety Code ; or alternatively
constitutes a non-negligent and non intentional violation, fo r
which Rockwell is subject to civil penalties of up to $25,000 for
each violation, and for continuing violations, $25,000 per day,
for each violation pursuant to section 25189 .2(b) of the Health
and Safety Code; for which Rockwell is liable according to proof .
TWENTY-FIFTH CAUSE OF ACTION
(inspections )
110 . Paragraphs 1-12 are realleged as if fully set
forth herein .
2
HDMSe00044428