Keeping an eye on polluters

At times, the California Department of Toxic Substances Control (DTSC) seems to confuse who its main customers are: Californians who want a healthy environment or companies that pollute it. Clarifying this dilemma is enough reason for Gov. Jerry Brown to sign SB 812 and SB 721.

These bills that state Senators Kevin de León and Ricardo Lara introduced, respectively, make major changes in the issuing of operating permits to the industry, while establishing transparency in the state agency and efficiency in collecting payments from polluters.

The DTSC’s problems go back a long way. Among other aspects, they involve serious deficiencies in getting reimbursed for clean-up costs, whether because of not sending the bills or not collecting the funds subsequently.

However, the most serious issue that the bills sponsored by the Democratic lawmakers address is the deficient process to issue permits to the industry and its oversight.

The case of Exide’s battery recycling plant in Vernon is the best example of what this legislation is trying to prevent from recurring.

There are 117 plants operating in California with authorization from the DTSC; 24 have expired permits and operate under the classification of “continued permits,” while Exide’s plant has been operating with an interim permit for more than 30 years.

It is precisely Exide’s plant that caused numerous pollution problems in neighboring communities. A 2003 health study found that the plant’s high arsenic emissions posed a cancer risk for more than 110,000 people. In addition, polluted soil was found in two private homes and a preschool.

In this case, the DTSC was too patient with the plant, enough to question whether the state regulator’s interests lie with the polluters more than with the people. The agency is rejecting both bills because it considers them unnecessary and a hindrance to its operation.

Gov. Brown must be clear in protecting the air and sign into law SB 812 and SB 712. We cannot let Exide or any other company operate in a way that threatens people’s health