the Rockwell settlement has been filed and entered

JOHN K VAN DE RAMPAttorney General

State of California

DEPARTMENT OF JUSTICE

2101 WEBSrERSTREETOAKLAND 94612-304 9

(415)464-4200

November 28, 199 0

William Vetter B28Legal DepartmentRockwell International2230 E . Imperial HighwayEl Segundo, CA 9024 5

Dear Bill :

People v . Rockwell ; Finalized Agreement

(415) 464-1219

At long last, the Rockwell settlement has been filed and entered

in court . I have attached copies of all filed documents .

Thank you for your efforts once again .

Very truly yours ,

JOHN K . VAN DE KAMPAttorney General

KEN ALEXSupervising Deputy Attorney Genera l

cc Maxine RicheyJuan GuitierrezVajie MotiafardFlorence PearsonScott SimpsonTeddi Berger

HDMSe00044389

.i : : . :./wV]'.•vrll n .r . . . . . . . . .. .. . .v . .. . ;~. . . . . . . ./ .., ----- ---. -'lNaUOGET- DAT E

Yes ENo 11/30/9 01 R

0PAY CASH TO : ZoRAW CHECK IN F . OR OF : (Check applicable box )

Department of Health Services, Toxic Substances Control Program, Accounting Unit, 714/744

P Street, P . 0 . Box 74732, Sacramento, CA 94234-7320

AMOUN T, . wAIJ TENT - 5'-• _ ,.-~ lO DO! IOr sN0/10077;---1---- --------- --' 6 6 a~xUURED " EIGHTY THOUSAND AN D

A8

280=000

00S{ tS2 .NAME DI V

. PT . fGo PJohn W . Bradley (for delivery to W . Vetter, Corporate/ E1 Seg.) 05 8Y

M D

A1

5.D 1`~4C

Settlement of Complaint "People of the State of California, ex rel Kenneth W . Kizer, Director ,

State Department of Health Services (Plaintiffs) vs . Rockwell International, a Delawar e

Corporate ( Defendants ) Case No . BC01576 0

R .EOU TED BY - DEPT . GROU APPR OEP T . GROUP CASH RECEIVED B Y

7DEPT . ROU P

(r(Jli 597 59

D T. ACCOUNT ORDE SUB-ACCTBEN E.

. STAT 11 . . .AMOUNT AUDITED / PAID VOUCHER NO.EPT STAMP

CHECK NO. DATE PAID

APPROVED BY . . .

FORM 5-0 REV . 7-73

HDMSe00044390

i

F

4

5

8

1 0

11

JOHN K. VAN DE RAHAttorney General

of the State of Californi a

THEODORA BERGERChief Assistant Attorney GeneralANDREA SHERIDAN QRU11v

Assistant Attorney GeneralKEN ALEXDeputy Attorney Genera .i2101 Webster Street

Telephone: ( 415) 464-121 9Oakland, California 94612-3049

Attorneys for Plaintiff s

EOPLE OF THE STATE OF. CALIFORNIA,

x rel Kenneth W . Kizer, Director ,tate Department of Health Services

orporation,

)

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

PlaintiffI

OCKWELL INTERNATIONAL , a Delaware

Defendant .

12

13

1 4

1 7

1 8

1 9

20

21

22

2 3

24

25

26

27

Judgment is hereby

► ~~L FILEDNOV 27199 0

r _

COUNTY CLERK

No . 3CD ISM

JUDGMENT PURSUANT TOSTIPULATION

entered in the above captioned case pursuant

to the terms of attached Stipulation for Entry of Judgment which

is

IT

incorporated by reference .

IS SO ORDERED AND ADJUDGED :

JUDGE OF THE SUPERIOR COURT

dated : // '27-9

HDMSe00044391

JOHN K. VAN DE KAMP, Attorney Genera l

56

of the State of CaliforniaANDREA SHERIDAN ORDINChief Assistant Attorney Genera lTHEODORA BERGERAssistant Attorney General

ALEXDeputy Attorney Genera l2101 Webster StreetOakland, California 94612-304 9Telephone r (415) 464-121 9

Attorneys

SUPERIOR COURT OF THE STATE OF CALIFORNIA

1 0

11

1 2

1 3

14

15

1 6

1 7

1 8

1 9

2 0

21

22

23

2 4

25

2 6

27

FOR THE COUNTY OF LOS ANGELES

EOPLE OF THE STATE OF CALIFORNIA,x rel Kenneth W. Kizer, Director,tate Department of Health Service s

Plaintiff ,

OCKWELL INTERNATIONAL ,orporation ,

for

Defendant .

California

Plaintiffs

1 ~F f~L FILE DNOV 27 1990

CCLCLERK

No . C bLS7 6

STIPULATION FOR ENTRYOF JUDGMENT

People of the State of

ex rel . Kenneth W . Kizer, Director, State Department

f Health Services ("Department "), filed a complaint in the Los

Angeles County Superior Court, agains t

(Rockwell) s a generator of

Rockwell Internationa l

waste and the operator of

Canoga

hazardous

hazardous waste facilities located at (Santa Susan a

Park) . The

terms

Department and Rockwell now settle that action on the

set forth in this Consent Judgment (hereafter "Agreement .

a Delaware

HDMSe00044392

Complaint

1 0

11

12

13

1 4

15

1 6

17

1 8

19

2 0

21

2 2

23

2 4

25

2 6

27

The complaint in this action (attached as Exhibit A,

and hereafter "Complaint°) alleges that Rockwell violate d

provisions of the Hazardous Waste Control Act (HWCA), HSC S S

25100 et seq ., HWCA regulations (California Code of Regulations ,

title 22, hereafter title 22), and the hazardous waste permit s

with respect to Rockwell hazardous waste operations at the Santa

Susana and Canoga Park sites .

3 . Jurisdiction .

The Department and Rockwell agree that the Los Angeles

County Superior Court has subject matter jurisdiction over th e

matters alleged in this action and personal jurisdiction over th e

parties to this Agreement .

Settlement of Disputed Claims .

The parties enter into this Agreement pursuant to a

compromise and settlement of disputed claims forthe purpose of

furthering the public interest . For the purpose of this

Agreement, Rockwell admits none of the allegations of the

Complaint, except that for the limited purposes of any subsequent

action brought pursuant to the Hazardous Waste Control Act,

Health and Safety Code sections 25100 et seq ., within 5 years of

the date of the violations alleged in the Complaint, Rockwel l

admits the allegations of Causes of Action 1 through 4, 6, 12

through 17, 19, 20, 22, 23 and 26 inclusive . Except as stated ,

HDMSe00044393

nothing in this Agreement shall be construed as an admission by

Rockwell of any violation of law or of any issue of law or fact,

nor shall anything in the Agreement prejudice, waive, or impair

any right, remedy, or defense Rockwell may have in any other or

further legal proceeding . This paragraph shall have no effect

upon any of the obligations, responsibilities, and duties of

Rockwell under this Agreement .

9

1 0

1 1

1 2

13

1 4

1 5

1 6

1 7

1 8

1 9

2 0

2 1

2 2

2 3

2 4

25

2 6

27

5 . BASIC SETTLEMENT .

Rockwell agrees to pay civil penalties in the amount o

$280,000 . Payment shall be made to the Department of Health

Services Toxic Substances Control Program within ten days of

entry of"the order set forth at the end of this Agreement, and

mailed to :

Department of Health ServicesToxic Substances Control ProgramAccounting Unit714/744 P StreetP .O .Box 94732Sacramento, CA 94234-7320 .

Compliance Schedule

va. NTO .may lIA

(1) Rockwell convert its NTO aspiration

system to Nitrogen aspiration by November 1,

1990 . The system shall meet all requirements

of applicable laws, regulations, and permits,

including but not limited to air emission

requirements .

Rockwell may, at its discretion, alone or in

HDMSe00044394

concert with NASA, prepare and submit t o

4

5

1 0

11

12

13

1 4

1 5

1 6

1 7

1 8

19

20

2 1

22

23

24

25

26

27

EPA's Office of Solid Waste in Washington,

D.C . a Request for Regulatory Interpretation

seeking OSW's view of Rockwell ' s and NASA' s

legal position that the NTO-related

substances generated through a water

aspiration process are not regulated by or

are exempted from the hazardous waste

requirements of the Resource Conservation and

Recovery Act . If Rockwell and/or NASA

receive a favorable determinationon their

request, DHS shall meet with Rockwell

representatives to determine whether a

variance or other special authorization i s

required under Califo rnia law and regulation

for the management of the NTO-related

substances in the manner previously employed

by Rockwell, or in such modified manner a s

Rockwell may propose . If no such variance

ISD modification or permit is required,

Rockwell shall be entitled to proceed as i

proposes . If avariance is required, DHS

shall promptly issue such variance upon

receipt of an application and fee from

Rockwell and upon receiving any necessary

approvals or assurances from the Regional

Quality Control Board which regulates

HDMSe00044395

Rockwell's NPDES permit and WWTU .

1 0

1 1

1 2

1 3

1 4

1 5

1 6

1 7

1 8

1 9

2 0

2 1

2 2

23

24

25

26

27

b . Within 90 days of entry of this Order, Rockwel l

shall do the following :

(1) submit a plan for characterization of the

contamination at the Sodium Burn Area, B133,

at the Santa Susana site ;

for the drums at the Santa Susana sodium

storage area submit :

(a) proof, including but not limited to

photographic evidence, that the waste

stored is in a solid/chunk form;

(b) samples of the waste, upon DHS request ;

(c) a schedule for removal of the waste,

subject to funding approval by the U .S .

Department of Energy . The parties to

this Agreement agree that destruction of

the waste should occur as expeditiously

as possible . Rockwell agrees to request

in writing that DOE approve expeditious

destruction of the waste beginning

immediately . Rockwell agrees that

new sodium waste shall be kept in

storage for over one year ;

certification that appropriate spill

containment equipment has been placed

the sodium storage area ;

submit a plan for dealing with Beryllium

at

HDMSe00044396

contaminated HEPA at the Canoga Park sit e

6

1 0

12

13

1 4

I

1 6

1 7

1 8

19

2 0

2 1

22

23

2 4

2 5

2 6

27

that is hazardous waste ;

urface Impoundment s

(1)

d 2

(ABSP STL-IV

DELTA, SPA 1 and 2, ECL) .

a: d 2, APTF 1

Rockwell shall work with the Department t o

develop sampling plan for the closed

surface impoundments and sub t the plan to

the Department , for approval within 90 days .

Rockwell shall take samples according to the

plan and compare the analytical results wit h

previous EAR sampling for the su=rface

impoundments in order to determine whether

the existing level of contamination is

generally the same as that revealed through

the E+ sampling and shall determine whether

it is of a level sufficient to present a risk

to public health and the environment when

evaluated pursuant to a health based ris k

assessment . If the contamination does pose

such a risk, Rockwellshall act to remediate

the problem. If the contamination at any

surface impoundment does not pose a risk to

public health and the environment, then the

Department and Rockwell shall consider the

closure completed .

d . For all submissions, the Department will review

and comment upon Rockwell 's submissions within ninety days of

HDMSe00044397

compliance items described in any Notice of Violation, Report of

Violation or other Complaint dated on or before the date o f

execution of this Agreement with respect to the Canoga or Santa

Susana sites . The provisions of this paragraph are expressly

conditioned on compliance by Rockwell in all material and

substantial respects with the terms and conditions of this

Agreement .

b. Except as expressly provided in this Agreement ,

1 0

1 1

12

1 3

1 4

1 5

1 6

1 7

1 8

1 9

2 0

2 1

22

23

24

25

26

27

nothing in this Agreement is intended nor shall it be construed

to preclude the Department from exercising its authority under

any law, statute or regulation . Furthermore, nothing in this

Agreement is intended nor shall it be construed to preclude an y

state agency , department , board or entity from exercising its

authority under any law, statute, or regulation .

Notice .

All submissions and notices required by this Agreement

shall be sent to :

DHS : Dennis DickersonToxic Substances Control Division (Region 3)Deva--tment of Health Services1405 N . San Fernando Blvd , Suite 300Burbank, CA 9150 4

All

Rockwell : Steve LafflamDirector, Environmental and Energy ConservationRocketdyne DivisionRockwell International Corporation6633 Canoga AvenueCanoga Park, CA 9130 3

approvals and decisions of the Department regarding an y

matter requiring approval or decision under the terms of thi s

HDMSe00044398

1 0

1 1

1 2

13

14

1

1 6

17

18

19

20

21

22

23

2 4

2 5

2 6

27

receipt . If the Department cannot complete review within ninety

of receipt shall so notify Rockwell within the ninety

and state the date by which review shall be completed .

If the Department rejects the submissions

it shall specify in writing why the

fails to be satisfactory .

ple

in whole or in part,

action, or proposal

Upon receipt of the written

notification , Rockwell shall have thirty days in which to submit

a revised action, plan, or proposal and documentation tha t

addresses

cause

the issues raised in the notification . For reasonable

Rockwell may submit a request in writing at least five

days before expiration

to complete

f the 30 day period for additional time

its revision . Failure by Rockwell to submit an

acceptable revised plan or proposal? and documentation may be a

material breach of this Stipulation .

shall not be unreasonably withheld .

provide comments or notify Rockwel l

view within 90 days of receipt of

Approval by the Department

If the Deoarvment does nct

that it cannot complete

an action ,- plan , or proposal ,

shall be deemed to be accepted by the Department and Rockwell

shall implement it in accordance with this Agreement . Rockwell

shall begin implementation of plans as they are approved by the i

Department and shall subi t a statement to the Departmen t

certifying commencement of such

approval of each plan .

implementation within 30 days o

7 . Matters Covered by This Ac=eement .

a . This Agreement settles all violations alleged by

the Complaint in this matter and all violations or othernon-

HDMSe00044399

Agreement shall be communicated in writing to Rockwell by Denni s

Dickerson or his designee . No oral advice, guidance, suggestions

or comments by employees or officials ofthe Department regarding

submittals or notices shall be construed to relieve Rockwell of

its obligation to obtain the final written approvals required by

this Agreement .

Department Not Liable .

The Department shall not be liable for any injury, or

1 0

11

1 2

13

1 4

15

1 6

17

damage to persons or property resulting from acts or omissions by

Rockwell, its directors, officers, employees, agents ,

representatives or contractors in carrying out activities

pursuant to this Agreement, nor shall the Department be held as

party to or guarantor of any contract entered into by Rockwell ,

its-directors, officers, employees , agents, representatives or

contractors in carrying out activities required pursuant to this

Agreement .

10 . Modification of Agreement .

This Agreement may be modified upon written approval

2 2

23

2 4

25`

2 6

27

the parties hereto and the court .

11 . Annlication of Aareement .

This Agreement shall apply to and be binding upon th e

Department and Rockwell and agents and the successors or assign

of either of them .

HDMSe00044400

1 Authority to EnterAareement .

she

Each signatory to this Agreement certifies that he

is fully authorized by the party he or she represents to

enter into this Agreement , to execute it on behalf

or

of the part

represented and legally to bind that party .

1 0

1 1

1 2

13

1 4

5

1 6

17

1 8

1 9

2 0

21

2 2

23

24

25

26

27

13 . Integration,

This Agreement constitutes the entire agreement between

the parties and may not be amended or supplemented except as

provided for in the Agreement .

IT IS SO STIPULATED

Dated: 1 7 B.

Dated : << I g 5 B

Dated : ~~Z 9Q

JOIN K . VAN DE KAY-D, Attorney Generalof the State of California

ANDREA SHERIDAN ORDIN, ChiefAssistant Attorney General

THEODORA BERGER, Assistant AttorneyGeneral

KEN ALEXDeputy Attorney Genera l

KEN ALEX, Deputy Attorney GeneralAttorneys for Department of HealthServices

DEPARTMENT OF HEALTH SERVICES

KENNETH W . KIZER, M .D.,M.P=H.DirectorDepartment of Health Services

ROCKWELL INTERNATIONAL

10 .

HDMSe00044401

WILLIAM VETTER, Assistant Genera lCounsel, Attorney for RockwellInternational

H DMSe00044402-

5

ORIGINAL FILEDNOV 2 71990

COUNTY CLERK

THEODORA BERGERAssistant Attorney General

Chief Assistant Attorney GeneralANDREA SHERIDAN ORDINof the State of CaliforniaJOHN K . VAN DE KAMP, Attorney General

KEN ALEXSupervising Deputy Attorney General2101 Webster StreetOakland, California 94612-3049Telephone: ( 415) 464-1219

s ._s

ta

Attorneys for Plaintiff s

c SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES1 0

11 EOPLE OF THE STATE OF CALIFORNIA,p0~:oi57ot).

122x rel Kenneth W. Kizer , Director ,State Department of Health Services COMPLAINT FOR CIVIL

13 Plaintiffs,PENALTIES , INJUNCTIVERELIEF, AND RECOVERY OF

) COSTS OF INVESTIGATION1 4

15 ROCKWELL INTERNATIONAL CORPOR.aTION ,1a Delaware Corporatio n

Defendant . )1 7

1 8

19

2 0

21 The People of the State of California ex rel . Kenneth

22 W. Kizer, Director of the California Department of Health

23 Services , allege as follows :

2 4 PLAINTIFFS

2 5 1 . Kenneth W Kizer is the Director of the State

26 Department of Health Services . The Department of Health Service s

2 7 (DHS) is a public agency of the State of California organized and

HDMSe00044403

existing under and pursuant to sections 100 et seq. of the Health

4

5

1 0

11

1 2

1 7

1 8

19

2 0

2 1

22

23

2 4

25

2 6

27

and Safety Code . DHS is the state agency responsible for the

administration of the Hazardous Waste Control Law, Chapter 6 . 5

division 20 of the California Health and Safety Code , sections

25100 et seq . (EWCA) .

2 . Pursuant to section 25182 of the California Health

and Safety Code, the Attorney General of the State of California

is authorized, at the request of DHS, to commence an action for

civil penalties under the Hazardous Waste Control Law in the name

f the People of the State of California .

DEFENDANTS

3 . Rockwell International (Rockwell) is, and at all

relevant times was a Delaware Corporation doing business in

California . Rockwell owns the Canoga Park site and Areas I an

III t the Santa Susana site, and operates all hazardous wast e

areas"at both sites .

JURISDICTION AND VENUE

4 . This court has jurisdiction pursuant to Cal . Const .

Art . 6, section 5 . Venue is proper under Health and Safety Cod e

section 25183 .

STATEMENT OF THE CAS E

5 . DHS, in the name of the People of the State of

California, seeks civil penalties and injunctive relief pursuant

to sections 25189, 25189 .2, 25181 and 25184 of the California

HDMSe00044404

Health and Safety Code for repeated and continuing violations at

5

the Santa Susana and Canoga Park sites o f

Control

the Hazardous Waste

Law, which governs the operation of hazardous waste

storage, transportation, treatment ,

Susana site,

wastes at the Santa

GENERAL ALLEGATIONS

Rockwell' s Santa Susana site is located in the Simi

1 0

1 1

12

13

1 4

1 5

1 6

1 7

18

19

2 0

21

22

23

2 4

25

26

the

contamination of the ground by hazardous

Hills in southeastern portion

the Los Angeles County lin e

approximately 2700 acres .

and disposal, including

of Ventura County, adjacent t

on an elevated plateaucoverin g

The site is divided into four areas, designated as

II, III, and IV. Areas I, III, and IV are owned by Rockwell .

Areas I and III areoperated by the Rocket-dyn e

Rockwell, and Area IV i s

Engineering Center .

Rockwell/Rocketdyne .

DOE .

division

operated by the Energy Technology

a II is owned by NASA and operated

The remaining part of Area IV

by

leased by

8 . Rockwell operates the Santa Susana hazardous wast e

facilities pursuant to interim status documents (ISDs) an d

hazardous waste permits . The ISDs allow Rockwell to operate a

hazardous waste facility, subject to all conditions specified in

the ISD, the Hazardous Waste Control Act (HWCA,Health and Safety

Code 55 25100 et seq.), and all relevant regulations , pending the

issuance f a hazardous waste facility permit. Rockwell operates

27 at the Santa Susana site under the following EPA identification

H DMSe00044405

8

1 0

11

1 2

1 3

1 4

15

1 6

1 7

1 8

19

2 0

2 1

22

23

24

25

2 6

27

numbers : CAD093365435, CA1900090010, CAD00062997 2

CA389009000 1

9 . Rockwell's operations at the Santa Susana site

include research, development, and testing of rocket engines

lasers, nuclear reactors, and other related technologies .

Chemicals used in these operations include organic solvents ,

hydrazide fuels, oxidizers , kerosene-based fuels, and liquid

metals . Asbestos, PCBs and hydraulic oil are also used . The

operations generate hazardous waste . Radioactive wastes are

stored in Area IV .

10 . Rockwell has an ISD for Areas I and III for

storage and treatment of hazardous waste at five surfac e

impoundments . At Area II, Rockwell has an ISD for its surface

impoundments and a state permit for containerized storage and PC B

storage . At Area IV, Rockwell has a permit for the=al tre_=ent

of sodium metal and for storage of containers of sodium waste .

11 . Rockwell 's Canoga Park facility is located at 6633

Canoga Avenue, Canoga Park, California . Operations include

machining, plating and degreasing as part of manufacturing rocket

engines . Rockwell generates numeroushazardous wastes associated

with these operations . Rockwell operates the Canoga Park

facility as a generator of hazardous waste only . Its hazardous

waste storage permit number CAD074103771 expired in 1988 .

12 . On June 19, 20, and 28, 1989 ; November 7, 1989 ;

December 19, 1989 ; January 4, 1990 ; and January 30, 1990, duly

authorized representatives of DES inspected the Santa Susana

site . On January 25, 1990, duly authorized representatives o

HDMSe00044406

DHS inspected the Canoga Park facility . During these

inspections, DHS representatives observed numerous violations 0

4

5

the HWCA and the regulations promulgated under the

San ta Susana

June 15, 20, and 28, 1989 Inspection

FIRST CAUSE OF ACTION

(Failure to Complete Closure)

HWCA .

13 . Paragraphs 1-12 are realleged as if fully set

1 0

11

12

1 3

1 4

1 5

1 6

1 7

1 8

19

20

21

2 2

23

2 4

25

2 6

27

forth herein .

14 . Section 67213 of Title 22 of the California Code

of Regulations

operator of

(hereafter, "Title 22 owner or

a hazardous waste facility complete closure of th+

hazardous waste facility within 180 days after the Department

approves the closure plan .

15 . The Department approved the following closure

plans on September 30, 1988 :

a . five surface impoundments in Areas I and III ;

- and

b, five surface impoundments in Area IS .

Closure of those areas was not certified until September 2

1989, over 350 days after plan approval .

16 . Each and every violation set forth in this cause

of action constitutes a negligent or intentional violation of th

Health and Safety Code or DHS regulations, for which Rockwell is

subject to civil penalties of up to $25,000 and for continuing

violations, $25,000 per day, for each violation, pursuant t o

HDMSe00044407

1

8

1 0

1 1

12

1 3

1 4

i 5

1 6

1 7

1 8

19

2 0

2 1

2 2

23

2 4

25

2 6

Section 25189 (b) of the Health and Safety Code; or alternatively

constitutes a non-negligent and non-intentional violation

each violation, and for continuing violations, $25,000 per day,

for

which Rockwell is subject to civil penalties of up to $25,000 for

for each violation pursuant to section 25189.2(b) of the Health

and Safety Code; for which Rockwell is liable according to proof .

SECOND CAUSE OF ACTION

(Improper Closure )


orth herein .

18 . Section 67212 of Title 22 grants the Department

he authority to modify a facility' s closure plan -and requires

f

that

acc

a facility owner or operator close its facility in

dance with the modified closure plan .

19 . The Department modified Rockwell's closure pla n

r its tenf

September 3 0

requirements

surface impoundments prior to approval of the plan on

1988 . The

for

modifications set forth specifi c

soil and related testing as part of closure

Rockwell failed to follow the approved closure plan, and di d

insufficient testing as part of closu r

20 . Each and every violation set forth in this caus e

f action constitutes a negligent or intentional violation of th e

Health and Safety Code orDHS regulations, for which Rockwell i s

subject to civil penalties of up to $25 , 000 and for continuing

violations, $25,000 per day, for each violation , pursuant t

27 11 Section 25189(b) of the Health and Safety Code ; or alternatively

HDMSe00044408

constitutes a non-negligent and non-intentional violation, fo r

1 0

1 1

1 2

13

1 4

15

1 6

17

1 8

19

2 0

21

22

2 3

2 4

25-

2 6

27



for each violation pursuant to section 25189 . 2(b) of the Health


THIRD CAUSE OF ACTION

(Post Closure Plan )


forth herein .

22 . Section 67213 of Title 22 requires that an owner

or operator of a facility comply with its approved closure plan .

23 . Rockwell's two approved closure plans (f or Area I

and III surface impoundments and Area II surface impoundments

recuired submission of a post-closure planwithin 60 days of

approval of the closure plan. Rockwell failed to submit any such

post-closure plans .


of action constitutes a negligent or intentional violation of th6


subject to civil penalties of up to $25,000 and for continuin g

violations, $25,000 per day, for each violation, pursuant to

Section 25189(b) of the Health and Safety Code ; or alternatively

constitutes a non-negligent and non-intentional violation, for



for each violation pursuant to section 25189 .2(b) of the Health

HDMSe00044409

and Safety Code ; for which Rockwell is liable according to proo

FOURTH CAUSE OF ACTION

(Treatment Without a Permit

1 0

1 1

1 2

13

1 4

1 5

1 6

1 7

1 8

19

2 0

2 1

22

23

24

25

26

27

Paragraphs 1-12 are realleged as if fully set

26 . Section 25201 of the Health and Safety Code

25 .

orth herein .f

requires a DES permit for treatment of hazardous waste .

27 . Rockwellhas treated hazardous waste without a

pe=it using its thermal destruction unit in the burn pit of Area

I since approximately 1961 .

28 . Each and every violation set forth in t^_s caus e

f action constitutes a negligent or intentional violation of the

Health and Safety Code or DHS regulations, for which Rockwell ' i s

subject to civil penalties o up to $25,000 a_

violations , $25,000 per day, for each violation ,

Section 25189(b) of the Health and Safety Code

for continuing

pursuant to

or alternatively

constitutes a non-negligent and non-intentional violation, f o r

which Rockwell is

each violation

subject to civil penalties of up to $25,000 for

and for continuing violations, $25,000 per day ,

for each violation

and Safety Code ;

FIFTH CAUSE OF ACTION

(Construction Without Permit


forth herein .

pursuant to section 25189 .2(b) of the Health

for which Rockwell is liable according to proof .

HDMSe00044410

30 . Section 66388(b) of Title 22 sets forth requires

permit applications

a permit before

waste facilities must b

submitted to the Department at least 180 days before

1989 inspection ,

anticipated beginning of construction of the facility

receive actual construction begins .

31 . At the June 19

observed that Rockwell had

units at Areas

the

and must

the Department

constructed two NTO neutralization


10

11

1 2

13

4

1 5

1 6

19

2 0

2 1

2 2

2 3

24

25

2 6

27

action constitutes a negligent or intentional violation of th e

Health and Safety Code or DHS regulations, for which Rockwell as

subject to civil penalties of up to $25,000 and for continuin g



constitutes a non -negligent and non-intentional violation, `or

each violation, and for continuing violations, $25,000 per day ,

which Rockwell is subject to civil penalties of up to $25,000 f


and Safety Code; for which Rockwell i liable according to proo

SIXTH CAUSE OF ACTION

33 .

I and Ill .

for hazardous

(Inspections )

Paragraphs 1-12 are realleged as if fully set

forth herein

34 . Section 25159 .5 of the Health and Safety Cod e

incorporates regulations promulgated pursuant

Conservation and Recovery Act,

to the Resource

42 U .S .C . 6901 et seq ., where such

HDMSe00044411

HWCA. 40 C .F .R . S 265 .195(c) requires daily and weekly

inspections of generators tanks .

35 . Rockwell has no record of any inspections for the

1 11 regulations are more stringent than those promulgated under th e

1 0

11

1 2

1 3

1 4

1 6

1 7

1 8

1

2 0

21

22

23

24

25

26

27

following :

a . three generator tanks located in Areas I and

IIIbefore June 19, 1989 ; and

b . three generator tanks located in Area II

before August 9, 1989 .

36 . During a March 8, 1988 inspection of the same

facility, the Department ' s inspectors cited Rockwell for the

identical absence of inspection records .


of action constitutes a negligent or intentional violation of th

Health and

subject to

Safety Code or DHS regulations, for which Rockwell i s

civil penalties of up to $25,000 and for continuing

violations, $25, 00 0

Section 25189(b) of

p

the

e

day, for each violation

Health and Safety Code

pursuant

I

to

or alternatively


which Rockwell is subject to civil penalties of up to $25,000 fo r

each violation, and for. continuing violations, $25,000 per day ,


and Safety Code ; for which Rockwell is liable according to proof .

SEVENTH CAUSE --OF- ACTION

(Illegal Disposal of Hazardous Waste)

38 . Paragraphs 1-12 are realleged as if fully se t

HDMSe00044412

1 forth herein.

39 . Sections 25189 and 25189 .2 of the Health and

Safety Code make it illegal to dispose of hazardous waste at an

unauthorized point .

40 . On information and belief, the Department is aware

the following disposals of hazardous waste :

8

9

1 0

11

12

13

1 4

1 5

1 6

1 7

1 8

19

2 0

2 1

22

23

24

25

2 6

27

On or about May 1988, a DOE survey found that

sodium hydroxide leaked from an underground

tank contaminating surrounding soil at are a

T133 of Area IV ;

The soil at the T133 area of Area IV is

currently contaminated by hazardous waste of

an unknown source .

41 . Each and ever, violation set forth in this cause

of action constitutes a negligent or intentional violation of the

Health and Safety Code or DHS regulations for which Rockwellis


violations, $ 25,000 per day, for each violation, pursuant to



which Rockwell is subject to civil penalties of up to $25,000,

and for continuing violations, $25,000 per day, for each

violation, pursuant to section 25189 .2(b) of the Health and

Safety Code ; for which Rockwell is liable according to proof .

EIGHTH CAUSE OF ACTION

Notification of Discharge )

1

HDMSe00044413

1 11 42 . Paragraphs 1-12 are

forth herein .

3

4

10

1 1

12

13

1 4

1 5

1 6

1 7

1 8

19

20

21

22

23

24

25

2 6

27

realleged as if fully set

43 . Section 67145 of the Health and Safety Code sets

forth reporting requirements for owners and operators of

hazardous waste facilities in emergency situations and when there

is a release of hazardous waste .

44 . Rockwell did not report to DHS the release of

hazardous waste at the sodium burn unit until at least May 22,

1988, well after its initial determination of contamination in

1987 .



Health and Safety Code or DHS regulations , for which Rock-well is

subject to civil penalties of up to $25 ,000 and for continuing

violations, $25,000 per day, for each violation, purssan : to






and Safety Code ;

proof

for which Rockwell is liable according. to

Santa Susana

November 7, 1989 Inspection

NINTH CAUSE OF ACTION

Treatment of Hazardous Waste Without a

1

Permit

HDMSe00044414

46 . Paragraphs 1-12 are reallegedas if fully set

forth herein


6

8

9

1 0

11

1 2

1 3

1 4

15

16

1 7

1 8

1 9

2 0

21

2 2

23

2 4

25

26

27

requires that

hazardous

facility obtain a permit before treating

waste . Section 66216 of Title 22 defines "treatment, "

inter alia, as any method, technique or process designed to

change the physical character of any hazardous waste so as to

render such waste nonhazardous or-safer to dispose .

4 8

the Departmentt

had been dilu

At the time of the November 7, 1989 inspection,

discovered that since approximately 1985, Rockwell

ing its NTO hazardous waste with water in order to

increase the pH and release the diluted NTO into land and wate r

without meeting requirements

49 . Each

for disposal of hazardous wa s

and every violation

of action constitutes a

Health and Safety Code

set forth in this caus e

negligent or intentiona l

or DHS regulations,

violation of the

for which Rockwell is


violations , $ 25,000 per day, for each violation, pursuant to

Section 25189(b) f the Health and Safety Code ; or alternatively


which Rockwell is subject to civil penalties of up to $25,000 fo r

each violation, and for continuing violations, $25,000 per day ,



TENTH CAUSE OF ACTION

Illegal Disposal of Hazardous Wast

13

HDMSe00044415

50 . Paragraphs

forth herein .

51 .

1 are realleged as if fully set

Sections 25189 and 25189 .2 of the Health and

Safety Code make it illegal to dispose of hazardous waste at an

unauthorized point .

52 . Atthe time of the November 7, 1989 inspection,

DES discovered that Rockwell disposes of hazardous NTO

contaminated wastewater, directly discharging it onto the ground

1 0

. 1

12

13

1 4

1 6

1 7

1 8

1 9

2 0

21

2 2

23

24

25

2 6

27

and into a creek. The NTO waste is first diluted into water and

further diluted with water in order to maintain the pH above 2 .

Rockwell began this practice during 1985 .


of action constitutes anegligent or intentional violation of the

Health and Safety Code or DES regulations for which Rockwell i s

subject to civil penalties of up t $25,000 and for continuin g

violations , $ 25,000 per day, for each violation , pursuant to

Section 25189(b f the Health and Safety Code ; or .alternatively

constitutes a non-negligent and non -intentional violation, for




Safety Code; for which Rockwell is liable according to proof .

ELEVENTH CAUSE OF ACTION

(Dilution of Restricted Waste )

54 . Paragraphs 1-12 arerealleged as if fully set

forth herein .

1

HDMSe00044416

55 . Section 67720 of Title 22 sets forth restrictions

2

5

6

9

10

1 1

12

1 3

1 4

15

16

1 7

1 8

19

2 0

2 1

22

2 3

2 4

25

26

27

on the dilution of restricted hazardous wastes

by LDR, including liquids with a

those restricted

pH less than 2 .

56 . At the time of the November 7, 1989 inspection,

the Department determined that Rockwell improperly diluted NTO

hazardous waste with a pH of less than 2 in order to avoid land

ban restrictions .

of action


constitutes a 'negligent or intentional violation of the

Health and Safety Code o r

subject to

DHS regulations for which Rockwell is

civil penalties of up to $25,000 and for continuin g

violations, $ 25,000 per day, for each violation, pursuant t o

Section 25189(b) of the Health and Safety Code; or alternatively

constitutes a non -negligent and non -intentional violation, for

which Rockwell is subject to civil penalties cf up to $25,000 ,

and for continuing violations, $25,000 per day, f

violation, pursuantto section 25189

Safety Code; for which

2(b) o

r each

the Health and

Rockwell is liable according to proof .

Santa Susana

December 19, 1989 Inspection

TWELFTH CAUSE OF ACTION

(manifests)


forth herein .

59 . Section 66484 (f) of Title 22 requires that the

generator of hazardous waste submi t

1

to the Department within

HDMSe00044417

1 thirty days of shipment a legible copy of each manifest used .

2

1 0

1 1

12

13

1 4

1 5

1 6

17

1 8

1 9

2 0

21

22

2 3

2 4

25

2 6

27

60 . At the time of the December 19, 1989 inspection,

Rockwell stated that it never sent to the Department any of the

manifests for hazardous wastes shipped to Texas .






Section 25189 (b) of the Health and Safety Code ; or alternatively

constitutes a non-negligentand non-intentional violation, to=


each violation, and for continuing violations , $ 25,000 per day,

for each violation pursuant to section 25189 .2 (b) of the Health

and Safety Code ; for which Rockwell is liable according to

proof .

THIRTEENTH CAUSE OF ACTION

(LDR Records )


forth herein .

63 . Section 67740 of Title 22 sets forth recmirements-

for maintenance of records regarding land disposal restriction s

(LDR) on hazardous waste .

64 . At the time of the December 19, 1989 inspection ,

Rockwell failed to maintain on site copies of three notifications

for shipments of LDR waste .

1

HDMSe00044418


1 0

1 1

12

1 3

1 4

1

1 6

17

1 8

19

20

21

22

23

2 4

25

26

27


Health and Safety Code or DES regulations , for which Rockwell a

subject to civil penalties of up to $25,000 and for continuin

Section 25189 (b) of the Health and Safety Code; or alternatively


constitutes a non-negligent and non-intentional violation

which Rockwell is subject to civil penalties

for

of up to $25, 000 for




FOURTEENTH CAUSE OF ACTION

(training records )


forth herein

67 . Section 67105 of Title 22 sets forth requirements

for a facility 's hazardous waste training records .

68 . At the time of the December 19, 1989 inspection ,

Rockwell failed to include job titles and failed to record

whether personnel received the required

months of the date

training records .

training withinsix

f employment at the facility in their



Health and Safety Code or DHS regulations for which Rockwell is

subject to civil penalties of up to $ 25,000 and for continuing

1

HDMSe00044419

1 0

11

1 2

1 3

1 4

15

1 6

1 7

1 8

1 9

20

21

22

23

2 4

25

2 6

27


Section 25189(b) of the Health and Safety Code; or alternatively





Safety Code ; for which Rockwell is liable according to proof .

Santa Susana Area IS

January 4, 1990 Inspection

FIFTEENTH CAUSE OF ACTION

(LDR notifications )


forth herein .


for maintenance of records regarding land disposal restrictions

(LDR) on hazardous waste .

72 . At the time of the January 4, 1990 inspection of

Santa Susana Area II, Rockwell failed to maintain on site copies

f four notifications for shipments of LDR waste .



Health and Safety Code or DHS regulations , for which Rockwell is


violations , $ 25,000 per day, for each violation, pursuant to

Section 25189 ( b) of the Health and Safety Code; or alternatively


18 .

H DMSe00044420

which Rockwell is subject to civil penalties of up to $25 , 000 for

each violation, and for continuing

for each violation pursuant

violations, $25 000 per day

to section 25189 .2(b) of the Health

and Safety Code; for which Rockwell liable according to proo f

SIXTEENTH CAUSE OF ACTION

1 0

1 1

12

13

1 4

1 5

1 6

1 7

1 8

1 9

2 0

21

2 2

23

2 4

2 5

2 6

27

(manifests)


forth herein .


for maintenance of manifests until receipt of a signed copy from

the designated facility that receives the waste .

76 . At the time of the January 4, 1990 inspection o f

Santa Susana Area II, Rock-well failed to have available f

review the signed copies of manifests from the designated

facility that received the waste .



Health and Safety Code or DHS regulations , for which Rockwell is







for each violation pursuant to section 25189 .2 (b) of the Health

and Safety Code; for which Rockwell is liable according to proo

19 .

H DMSe00044421

Santa Susana Area IV


1 0

11

12

13

1 4

15

1 6

17

1 8

1 9

2 0

2 1

22

23

2 4

25

2 6

27

SEVENTEENTH CAUSE OF ACTION

(training )


forth herein .


for a facility's hazardous waste training records .

80 . At the time of the January 30, 1990 inspection o f

Santa Susana Area IV, Rockwell failed to include job titles, a

written description for each job related to hazardous waste

management, and a written description of the type and amount o

training that will be provided to each employee filling a

hazardous waste management position in its training records .












2

HDMSe00044422

EIGHTEENTH CAUSE OF ACTION

(facility safety )

1 0

1 1

1 2

1 3

1 4

5

1 6

1 7

18

19

2 0

21

22

2 3

2 4

25

2 6

27 86 . Paragraphs 1-12 are realleged as if fully se t

21 .

8 2

forth herein

Paragraphs 1-12 are realleged as if fully se t

83 . Section 67120 of Title 22 requires that a facility

be maintained and operated to minimize the possibility of a fire ,

explosion, or any unplanned, sudden or non-sudden release of

hazardous waste or hazardous waste constituent .

84 . At the time of the January 30, 1990 inspection o

Santa Susana Area IV, Rockwell had stored on site ten drums of

reactive hazardous waste for over one year, including one drum

that had been in storage since January 1978 .



Health and Saf e zy Code or D'r.S regulations, for which Rockwell i s


violations, $25 000 per day, for each violation,-pursuant t



which Rockwell is subject to civil penalties

each violation, and for-continuing violations

for each violation pursuant to section 2518 9

and Safety Code; for which Rockwell

of up to $25,000 for

$25,000 per day,

2(b) of the Health

liable according to proof .

NINETEENTH CAUSE OF ACTION

(spill control equipment)

HDMSe00044423

8

9

1 0

11

1 2

13

1 4

1

1 6

17

1 8

1 9

2 0

2 1

22

2 3

2 4

25

2 6

27 92 . At the time of the January 30, 1990 inspection of

2

forth herein .

87 Section 67121 of Title 22 sets forth requirement s

for a facility's spill control equipment .

88 . At the time of the January 30 ,

Santa Susana Area

equipment, such as

storage area .

of action

Health


constitutes a negligent or intentional violation of th e

and Safety Code or DHS regulations, for which Rockwell i s

subject to civil penalties of up to $25, 000 and for continuing





each violation , and for continuing violations , $25,000 per day,


and Safety Code; for which Rockwell-is liable according to proo f

TWENTIETH CAUSE OF ACTION

.(contingency plan )

90 . Paragraphs 1-12 are realleged .as if fully set

forth herein .

91 . Section 67141 of Title 22 sets forth requi rements

for a facility' s hazardous waste contingency plan, which

describes, inter alia, emergency response procedures .

1990 inspection of

IV, .Rockwell failed to have basic spill control

a shovel, at its Building 029 hazardous wast e

HDMSe00044424

Santa Susana Area IV, Rockwell's contingency plan failed

1 0

1 1

1 2

1 3

1 4

1 6

17

1 8

1 9

2 0

21

2 2

2 3

2 4

25-

2 6

27

include the name and phone number of the emergency coordinator .





violations, $25,000 per day, foreach violation, pursuant t o






and Safely Code; for which Rockwell is liable according to proof .

TWENTY-FIRST RUSE OF ACTION

(record availability )

94 . Paragraphs 1-12 are realleged as if fully se

forth herein .


for a facility's record availability for inspection .


Santa Susana Area IV, Rockwell failed to make available fo r

inspection upon request of the Department its annual report .



Health and Safety Code or DES regulations, for which Rockwell is


2

HDMSe00044425

1

8

9

1 0

1 1

12

1 3

1 4

15

16

17

1 8

19

2 0

21

22

23

24

25

2 6

27

violations , $25,000 per day, for each violation,

Section 25189 (b) of the Health and Safety Code ;

constitutes

pursuant to

or alternatively

a non-negligent and non-intentional violation, fo r


each violationand for continuing violations , $ 25,000 per day,


and Safety Code ; for which Rockwell is liable according to proof

Canoga Park


TWENTY- SECOND CAUSE OF ACTION

(storage without permit )


fo rth here-;n .


requires that a facility obtain a permit before storing hazardous

waste for more than 90 days .

100 . At the time of the January 25 1990 inspection o

the Canoga Park site ,_ the Department discovered that since

Rockwell stored drums over 90 days on thirteen occasions withou t

permit for a total of 236 days .


f action constitutes - a negligent or intentional violation of the

Health and Safety Code or DES regulations, for which Rockwell is

subject to civil penalties of up to $25 , 000 and for continuing

violations , $ 25,000 per day, for each violation , pursuant to


24 .

HDMSe00044426

1

5



each violation , and for continuing violations , $ 25,000 per day,

for each violation

and Safety

TWENTY-THIRD CAUSE OF ACTION

(labeling )

1

2

10

1 1

1 2

13

1 4

15

1 617

8

20

19

2 1

2 2

23

4

25

2 6

27


forth herein .

103 . Section 66508 of the Title 22 sets forth

requirements for the labeling of containers containing hazardous

waste .

104 . At the time of the January 25 , 1990 inspection of

the Canoca Park site, the Department observed that 16 containers

failed to have a hazardous waste accumulation date .


f action

pursuant to section 25189 .2(b) of the Health

Code ; for which Rockwell is liable according toproo

constitutes a negligent or intentional violation of the

Health and Safety Code or DHS regulations, for which

subject to civil penalties of up to $25

Rockwell is

000 and for continuing

violations , $ 25,000 per day , for each violation pursuant to




each violation, and for continuing violations 25,000 per day ,

for each violation pursuant to section 25189 . 2(b) of the Health


2

HDMSe00044427

TWENTY-FOURTH CAUSE OF ACTION

(more labeling )

1 0

1 1

1 2

13

1 4

1 6

1 7

1 8

1 9

2 0

2 1

22

23

2 4

25

2 6

27


forth herein .

107 . Section 66508 of theTitle 22 sets forth

requirements for the labeling of containers containing hazardou s

waste


the Canoga Park site, the Department observed that one container

and five tanks failed to be labeled uhazardcus waste . "


f action constitutes a negligent or intentional violation of th e





constitutes a non-negligent and non intentional violation, fo r





TWENTY-FIFTH CAUSE OF ACTION

(inspections )


forth herein .

2

HDMSe00044428

Documents

the Rockwell settlement has been filed and entered