|
April 16, 2010
In a landmark Southern California case coordinated by six government
agencies and concluded today, a national cleaning solvent supplier has
agreed to pay $15 million to settle hundreds of air quality and unfair
business practices violations. This is the largest case of its kind in
California.
Safety-Kleen of Plano, Texas, will pay a total of $15 million to the
agencies for intentionally selling and supplying industrial cleaning
solvents containing illegally high levels of smog-forming ingredients to
nearly 100 businesses in the Southland. Safety-Kleen committed the
violations in direct conflict with its “Make Green Work” program that
“create(s) an environment that’s good for business and the planet,”
according to its website.
“This should serve as a strong deterrent to companies who flout regulations
and sell high-polluting products,” said William A. Burke, Ed.D., Governing
Board Chairman of the South Coast Air Quality Management District (AQMD).
“If companies want to be seen as ‘green’ their actions need to support their
claims.”
The settlement covers 137 violations of air quality regulations by
Safety-Kleen and 96 violations at businesses caused by Safety-Kleen’s
distribution of non-compliant solvents. (Under terms of the agreement,
Safety-Kleen and not the businesses will pay for violations at businesses.)
The settlement also includes hundreds of violations of the state’s Unfair
Business Practices law in which Safety-Kleen knowingly sold to businesses
cleaning solvents with more than 30 times the smog-forming ingredients
allowed under AQMD rules. Safety-Kleen’s violations caused as much as
one-half ton per day of excess smog-forming emissions, more than that from a
medium-sized oil refinery, AQMD officials said.
AQMD investigated Safety-Kleen by conducting hundreds of investigations in
all four counties. AQMD was subsequently aided in the case by district
attorney’s offices representing the counties of Los Angeles, Orange,
Riverside and San Bernardino, and the Los Angeles City Attorney’s Office.
“This historic settlement would not have happened without the exceptionally
close cooperation of the six agencies involved,” said Los Angeles City
Attorney Carmen A. Trutanich.
Under terms of the agreement, Safety-Kleen will pay $3 million in air
quality penalties and costs of the investigation to AQMD. Safety-Kleen will
also pay a total of $12 million dollars in unfair business practices
penalties to the District Attorney’s Offices of the four counties and the
Los Angeles City Attorney’s Office.
To help ensure protection of public health, Safety-Kleen is subject to a
permanent injunction preventing any further violation of AQMD rules. The
company also will be required to perform additional record keeping,
reporting and employee training to assure compliance with AQMD regulations.
Safety-Kleen is one of the largest suppliers in the nation of solvents and
parts washers to automotive repair and auto body shops, service stations,
parts manufacturers and other businesses. Industrial solvents have many uses
including cleaning parts, working areas and equipment such as spray guns.
Petroleum-based solvents contain smog-forming ingredients known as volatile
organic compounds (VOCs). Under an AQMD regulation that took effect in 2002,
virtually all solvents now used for cleaning applications must contain
virtually no VOCs.
While solvent emissions have declined significantly for businesses, solvents
in consumer products account for about 104 tons per day of VOC emissions –
considerably more than the amount emitted by all 5.6 million cars in the
region.
AQMD is the air pollution control agency for Orange County and major
portions of Los Angeles, San Bernardino and Riverside counties.
|
