The California Department of Toxic Substances Control has received payment for a fine it issued to a former nickel catalyst recycling facility in Rosamond, Calif.
The fine was for $405,000. The operation was placed on the state’s Superfund list several years ago. The plant closed in 1990.
The STSC performed an on-site inspection and inventory of the site five years ago, and has followed up the initial inspection with other inspections of the site. According to local press reports, the site showed high levels of lead, zinc and nickel.
About three and a half years ago the DTSC removed close to 2,400 drums of containerized waste.
DTSC spent state funds to conduct its work at the John Alexander site, and in August of 1998 a cost recovery case was initiated on behalf of DTSC by the State Attorney General’s office. DTSC prevailed during a trial held in the U.S. District Court, Eastern District of California in January of 2001.
The court entered judgment in favor of DTSC on March 28, 2002. The court ruled that DTSC was entitled to prejudgment interest, to a declaration of the defendant’s liability for future costs, and to reasonable attorney fees and costs in addition to recovery of its outstanding response costs.
This past summer the United States Court of Appeals for the Ninth Circuit upheld the decision of the District Court. DTSC and Dr. Alexander negotiated the final settlement amount of $405,000 that covers DTSC costs through September 30, 2000, attorney fees of the Attorney General’s office and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) post judgment interest.Latest from Recycling Today
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