Proposition 65 Notice – Threatened Illegal Discharge of Hazardous Waste
Recently, the Department of Public Health (DPH) received a Proposition 65 Notice from the California Department of Toxic Substances Control (DTSC) regarding the threatened illegal discharge of hazardous waste from the Chiquita Canyon Landfill.
Disclosures of threatened illegal discharges of hazardous waste are required by California Health and Safety Code, Section 25180.7(b), when, as here, information provided by the Chiquita Canyon Landfill indicates that the potential for illegal hazardous waste discharges, including, but not limited to benzene, exists if the landfill is unable to contain hazardous liquids produced by the reaction in a controlled manner and such discharges would be likely to cause substantial injury.
In November 2023, the DPH Solid Waste Management Program, certified to act as the Local Enforcement Agency (LEA) by Cal Recycle issued a notice of violations to the Chiquita Canyon Landfill for non-compliance with leachate control requirements. The LEA required the Landfill to address the ongoing and uncontrolled thermal reaction producing increasing amounts of leachate at the Landfill by assuring that drainage installed would not fail. In addition, the LEA instructed the Landfill to test the leachate for benzene and other volatile organic compounds.
On November 22, 2023, the Los Angeles Regional Water Quality Control Board (Regional Board) issued a Notice of Violation to the Landfill operator, Waste Connections, for failing to maintain adequate leachate containment and report the leachate seeps. The Regional Board, along with local and federal partners, is continuing inspections and sample collection to confirm any discharge of contaminated stormwater. The Landfill had been managing the expanding leachate production by increasing the number of storage tanks available prior to offsite disposal.
In December 2023, DTSC collected samples of leachate from the Landfill. Some of the leachate samples exceeded hazardous waste regulatory thresholds for benzene.
On February 15, 2024, DTSC issued a Summary of Violations to the Landfill related to its leachate management and disposal, including violations for failing to properly categorize the waste, causing the storage and disposal of hazardous waste at an unauthorized point, and failing to minimize the possibility of release of hazardous waste.
Leachate at the Landfill that exceeds hazardous waste thresholds must be handled and disposed of as hazardous waste. In addition, because of the ongoing production of leachate from the reaction, the Landfill has determined it is necessary to treat the leachate on-site prior to disposal as part of its immediate response activities. The treatment and disposal of the leachate will be overseen by the Multi-Agency Critical Action Team formed among the local, state and federal agencies overseeing the Landfill.
