California agency cites Gallo Glass for hazardous waste violations

The California Attorney General’s office, on behalf of the California Department of Toxic Substances Control (DTSC), has cited Gallo Glass Co. for using hazardous waste in the manufacture of wine bottles made at its Modesto, California, plant.

The complaint, filed in Alameda County Superior Court, alleges the company illegally introduced dust containing lead, arsenic, cadmium and selenium into the manufacturing process for its wine bottles.

While the DTSC has no evidence that consuming wine stored in these bottles poses a health threat, the agency notes that contaminated dust is generated by air pollution equipment used to capture regulated pollutants that would otherwise be released into the air from its furnaces. The dust is considered a hazardous waste and must be properly managed and disposed of under California law.

Gallo asserts it was recycling the dust by putting it into the materials fed into the furnaces and heated to form molten glass used to make bottles.

The complaint alleges that Gallo failed to demonstrate that its practices qualify as recycling under California law, that it also did not comply with requirements for legitimate recycling and that it improperly stored a large volume of hazardous waste dust in a manner that presented a potential risk to public health.

Gallo’s operations generate hundreds of pounds of dust a day.

“DTSC promotes and supports legitimate recycling. The department’s mission is to protect Californians and their environment from exposure to hazardous waste,” says Elise Rothschild, deputy director for the hazardous waste management program. “Facilities that generate hazardous wastes have to handle, store and dispose of them in compliance with our laws. DTSC is ensuring they do.”

DTSC’s complaint cites Gallo for additional violations of the hazardous waste control law, including illegal storage and treatment of the dust and used oil, failure to minimize releases to the environment, failure to train personnel, and failure to notify DTSC of various fires that occurred in previous years.

The complaint also demands Gallo pay an unspecified amount of penalties and calls on the court to prohibit Gallo from future violations of hazardous waste laws, including Gallo resuming the practice of adding hazardous waste dust into its bottles.

Gallo agreed in May 2014 to stop using the hazardous waste dust in the manufacture of its bottles. DTSC discovered the violations during inspections in 2009 and 2011.

To view the complaint, visit www.dtsc.ca.gov/HazardousWaste/Projects/upload/Gallo_Complaint_022715.pdf.