RCRA and TSCA Compliance History of
Chemical Waste Management, Kettleman Hills



The Chemical Waste
Management (CWM)
hazardous waste
storage, treatment, and disposal facility is
located in Kettleman Hills, CA. CWM's
primary operations include the treatment
and land disposal of hazardous wastes and
polychlorinated biphenyls (PCB) wastes.

What is EPA's and DTSC's Inspection
and Enforcement Authority

US EPA's and DTSC's authority to inspect and
enforce storage, treatment, and disposal facilities
comes from the Resource Conservation and
Recovery Act (RCRA) and State Hazardous
Waste Control Law (HWCL) which cover
hazardous waste and the Toxic Substances
Control Act (TSCA) which covers PCBs. US
EPA and DTSC inspectors look for compliance
with the requirements of the RCRA/HWCL
permit and TSCA Approval, and US EPA's and
DTSC's hazardous waste and PCB regulations.
These regulations control operations at hazardous
waste storage, treatment, and disposal facilities,
such as CWM.

CONTACT US EPA and DTSC:

If you have questions about CWM please contact:

US EPA
Amy Miller

Manager, RCRA Enforcement Office
Phone: 415-947-4198
miller.amy @epa. gov

DTSC

Nathan Schumacher
Public Participation Specialist
Phone: (866)495-5651
nschumac@dtsc.ca. gov

Ignacio Dominguez

Supervisor, DTSC Clovis Office Compliance Unit
Phone: 559-297-3901
idomingu@dtsc.ca. gov

What Do US EPA and DTSC inspectors Do
During an Inspection?

The primary purpose of an
inspection is to ensure that the
facility is operated in a safe
manner, in compliance with the
regulations and permit
requirements specific to the
facility. Ultimately, the
facility's operations must be
protective of both human health and the
environment. In order to accomplish this,
US EPA and DTSC inspectors:

•S Review facility operations

o operation of treatment systems
o integrity of storage tanks

o

landfill/pond operations
o proper storage of wastes

•S Review facility records

o hazardous waste shipping records
o internal inspection records
o personnel training records

ĤS Check for proper implementation of
plans

o emergency response plan
o waste analysis plan
o training plan

•S Review the wastes managed at the
facility

o amount of waste received
o type of waste received
o how the waste treated/disposed


-------
RCRA and TSCA Compliance History of
Chemical Waste Management, Kettleman Hills



How Do US EPA and DTSC
Enforce the Law

Recent History of Violations

US EPA and DTSC may take an enforcement
action if non-compliance is found at a hazardous
waste facility. These actions typically result in a
monetary fine and require the facility to perform
compliance tasks.

Inspection History

RCRA Section 3007 includes
provisions for mandatory
inspections of every storage,
treatment, and disposal facility
for which a permit is required,
such as CWM, no less than
every 2 years.

US EPA and DTSC conducted many compliance
evaluation inspections at the CWM facility since
the 1980s on a much more frequent basis, many
times more than once a year, as shown in the
timeline below:

-|—I	1	

88	89

-|	0|——0|-<^—o

90 91 92 93	94

—I—O-0|—

95 96 97 98 99

-|	O]——0-|	j0İ~0

00 01 02 03 04

—1-0—fC*—°vj Oj	O) Ĥ08-

05 06 07 08 09

—i—r

r

10 11

RCRA/HWCL and TSCA violations which
resulted in enforcement actions with monetary
fines:

RCRA/HWCL

•	During the joint US EPA and DTSC inspection in
2010, the inspectors documented many violations
of the permit and hazardous waste regulations:

o Failure to make hazardous waste
determinations for land disposal;

o Impermissible land disposal of prohibited
waste;

o Failure to comply with the hazardous waste
permit;

o Failure to close containers of hazardous waste;
and,

o Failure to maintain and operate the facility to
minimize releases.

A 2011 settlement between US EPA and CWM
required CWM to pay a $400,000 fine and spend an
estimated $600,000 to comply with environmental
laws. A 2011 settlement between DTSC and CWM
required CWM to pay a $46,000 fine for failing to
report releases of hazardous waste.

TSCA

•	In 2010, US EPA inspectors documented violations
of the permit and TSCA PCB regulations:

o Failure to indicate removal from service date

on PCB containers;
o Failure to properly complete manifests;
o Continued use of a PCB contaminated

building; and,
o Improper disposal of PCBs.

A 2010 settlement between US EPA and CWM
required CWM to pay a $300,000 fine.

•	From 2000 - 2003, CWM failed to monitor
instruments monthly for the presence of liquids. A
2005 settlement between US EPA and CWM
required CWM to pay a $10,000 fine and spend
$37,500 to purchase environmental equipment for
Kings County Environmental Health Services.


-------