California settles with more companies over use of hazardous waste landfill

The Vine Hill Complex stopped treating, storing and disposing of hazardous waste in 1989. But the site still threatens to release toxic substances into the environment.(CN) — California reached a second settlement with more than 70 parties to recover additional funding to contain a closed hazardous waste landfill threatening to release hazardous substances into the environment.The Vine Hill Complex, located in California’s Contra Costa County, operated as a hazardous waste treatment, storage and disposal facility until 1989, accepting offsite waste including petroleum industry byproducts, metals, electronic equipment, pharmaceuticals and paints, according to California Attorney General Rob Bonta in a complaint filed against the parties Thursday.The facility stopped accepting offsite waste in 1987, and final closure plans were approved in 1995, with closure construction finishing in 1998, according to the IT Environmental Liquidating Trust, the entity overseeing the site following the 2002 bankruptcy of its original operators, IT Corporation.Despite its closure, Bonta says the Vine Hill Complex has released and threatens to release hazardous substances into the environment, including toxic substances detected in groundwater such as arsenic, lead, nickel, benzene and chloroform.However, postclosure operations are costly, including landfill covers, groundwater monitoring and treatment and emergency planning, and the trust did not have the financial assets for the required maintenance.In 2021, Bonta filed a consent decree with 57 parties who had previously disposed of hazardous substances at the Vine Hill Complex to resolve claims brought under the Comprehensive Environmental Response, Compensation and Liability Act and the Conservation and Recovery Act.The agreement absolved the parties of liability and established a settlement fund for long-term postclosure costs and corrective action at the facility under the oversight of the state’s Department of Toxic Substances Control. The amount each party pays was calculated based on the volume of waste they sent to the facility.On Thursday, the attorney general’s office filed a second proposed consent decree reached with an additional 75 defendants not included in the first consent decree that previously used the Vine Hill Complex site to dispose of hazardous substances. The additional agreement would operate similarly to the first, absolving the parties of liability if they pay into the settlement fund.As part of the agreement, each settling defendant would pay $117.78 per ton of waste they sent to the Vine Hill Complex, calculated by dividing more than $175 million in facility costs by the approximately 1.46 million tons of total waste.Calistoga Holdings, which is connected to the Texas-based power company Calpine Corporation, has the largest settlement payment of approximately $768,000 for more than 6,000 tons of waste.Other large settlements come from Northern California Power Agency, which will pay $479,000 for 4,000 tons of waste, and Varian Medical Systems, which will pay close to $258,000 for its 2,000 tons of waste.In contrast, the smallest settlements of around $1,500 come from parties including Six Flags, Texas Instruments and Timex, each with only 12 or 13 tons of waste.The second consent decree must be filed with the court for 30 days to allow for public notice and comment.Representatives for the named defendants did not immediately respond to a request for comment.The California Department of Toxic Substances Control declined to comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads