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XAVIER BECERRA

Attorney General of California MARGARITA PADllLA.

Supervising Deputy Attorney General REED SATO

Deputy Attorney General State Bar No. 87635

1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-7789 Fax: (916) 322-5609 E-mail: recd.sato@doj.ca.gov.

Attorneys for People ofthe State ofCalifornia, ex rel. Meredith J. Williams, Acting Director ofthe Department a/Toxic Substances Control

Exemp! from Fees Pursuant to Government Code section 6103

FllEIJ/Ei\!DORSEO ·

jUL - 5 2019

. . SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SACRAMENTO

PEOPLE.OFTHESTATEOF. CALIFORNIA, ex rel. MEREDITH J. WILLIAMS, ACTING DIRECTOR OF THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL,

Plaintiff,

v.

STRATEGIC MATERIALS, INC., dba WESTERN STRATEGIC MATERIALS, INC., a Delaware corporation,

Defendant.j .

Case No. 34,;D,ct · ffi::1"$9 3-e,y

(PR.Ol'OSED} FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

.

Having reviewed the Stipulation for Entry of Final Judgment and Permanent Injunction on

Consent ("Stipulation") between Plaintiff, the People of the State of California, ex rel. Meredith J.

Williams,' Acting Director of the Department of Toxic Substances Control, and Defendant,

[PROPOSED! FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSEN

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[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSEN

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Strategic Mat~rials, lnc. 'Yhich is attached as Exhibit '·'A", and good cause appearing herein, I.he

Court finds that \he resolution ,set forth in the Stipulation is fair and in the public interest. The

Stipulation is approved, and its terms are incorporated into this judgment by reference. . '

According!y,'tinal judgment is ent~red. , .

IT IS SO ORDERED, ADJUDGED AND DECREED THAT THE FINAL

JUDGMENT AND PERMANENT INJlJNCTION ON CONSENT BE ENTERED AS

PROVIDED HEREIN.

~ - <;,. Dated:------~• 2019

­ Original Signed by Christopher Krueger

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Proposed Final Judgment ~nd Permanent··

Injunction on Consent.

. Exhibit A.

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XAVIER BECERRA Attorney General ·of California MARGARITA PADILLA

· Supervising Deputy Attorney General REED SATO Deputy Attorney General State Bar No. 87635

1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-7789 Fax: (916) 322-5609 E-~ail: reed.sato@doj.ca.gov

Attorneys for People of the State ofCalifornia, ex rel. Meredith J. Williams, Aeling Director ofthe Deparrment ofToxi_c Subsrances Control

. Exempt from Fees Pursuant to Government Code section 6103

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SUPERIOR COURT OF THE STA TE OF CALIFORNIA

COUNTY OF SACRAMENTO

PEOPLE OF THE STATE OF CALIFORNIA, ex rel. MEREDITH J, WILLIAMS, ACTING DIRECTOR OF THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL,

Plaintiff,

v.

STRATEGIC MATERIALS, INC., dba · WESTERN STRATEGIC MATERIALS,

INC., a Delaware corporaijon,

Defendant.

Case No.

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

Plaintiff, the People of the State of California, ex rel. Meredith J. Williams, Acting

Director of the Department of Toxic Substances Control ("Department"), and Defendant Strategic

Materials, Inc., dbri Western Strategic Materials; Inc., (collectively "SMI"), enter into this

Stipulation for Entry of Final Judgment and Permanent Injunction on Consent ("Stipillation"), and

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STIPULATION FOR ENTRY OF FINAL JUDGMENT AND. PERMANENT INJUNCTION ON CONSE

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STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUN~TION ON CONSENT

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agree to entry of a Final Judgment on Consent ("Final Judgment") by this Coui: on the tenns set

forth in tbis Stipulatioq..

L COMPLAINT

The Depariment filed a,Complaint for C.ivil Penalties and Injunctive Relief CComplaint")

against SMI for alleged violations of the Cajifornia Hazardous Waste Control Law, Health and

Safety Code section 25100 et seq. ("1-IWCL"), and its implementing regulations, California Code

of Regulations, title 22, Division 4.5,.section 66260.1 et seq. ("Title 22"), in cormection with

SMl's management of Wastes (defined below), whicJt DTSC alleges are Hazardous Wastes, at

glass recycling facilities it owns and operates in California, including such a facility in

Sacramento County. SMI does business in California as "Western Strategic Materials, Inc." SMI

d.isputes the factual and legal allegations in the Complaint.

2. --JURISDICTIONA]~D VENUE

The Department and SMI (together, the "Parties" and individually, a "Party,") agree that, for

~pmposes ofl:liis action theCourtlfafljofu~sul5jecfriiatterJurisdictionover the allegatfons-iiitlie ­

Co!llplaint and personal jurisdiction over the Parties. The ·Parties also agree. that venue is proper

in this Court under Health and Safety Code section2S 183;

3. SETTLEMENT OF DISPUTED CLAIMS

The Parties enter into this Stipulation pursuant to a compromise and settlement of disputed

cla.ims, and mutually consent to the entry by this Court of a Final Judgment on the terms agreed to

by the Parties and the fonn of which is attache.d as Exhibit "A". ·rn order to resolv~ the violations.

alleged by the Department, SMI has taken, or agrees to take, the actions set forth in this

Stipulation. This Stipulation was negotiated and executed in good faith and at arms' length by

each of the Parties, with their respective coul)sel, to avoid expensive and protracted litigation

regarding SMI's alleged violations of the HWCL and Title 22 as stated by the Department in the

Complaint. The Depa)"tment enters into this Stipulation to further.the public interest. Nothing

herein shall inure to the benefit of any persons not Parties to this Stipulation.

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GMENT AND PERMSTIPULATION FOR ENTRY OF FINAL JUD ANENT INJUNCTION ON CONSENT

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4. WAIVER OF HEARING AND TRIAL

By signing and entering into this Stipulation, SMI waives its right to a hearing and trial on

matters alleged in the Con;iplaint and. to appeal.

S. DEFINITIONS

Except where otherwise expressly defined in this Stipulation, all tenns shall be interpreted

as set forth' in, and consistent with, the HWCL and· Title 22. The following tenns used in this

Stipulation shall have the meaning(s) set forth below:

a) "Battery" or "Batteries" means the tenn as defined in Code of California

· Regulations, title 22, section 66273.9, but excludes "spent dry cell batter(ies]

containing zinc electrodes" as defined and managed in accordance with ·the ,

requirements in Health and Safety Code section 25216.3.

b) "Commingled Recyclable Mixture" means loads of post-consumer glass received

from residential/commercial/industrial curbside recycling programs that are

supplied to glass recycling facilities following sorting by Material Recovery .

Facilities and thatcontail). a wide variety of 11on-glass materials that have been

discarded.into curbside residential, commercial, and industrial recycling bins and

that pass tlu:ough the separati~n processes at.the upstream Material Recovery

. Facilities, such as miscellaneous paper, metal, and·organic waste. Commingled

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Recyclable Mixture is also sometimes referred to·as "Single stream", "curbside" or

"3-mix.H

c) "Hazardous Waste" means the term as defined in Health and Safety Code section

25°117.

· d) "Hai,ardous Waste .Management" or "Management" means the term as defined in

· Health and Safety Code section 25117.2.

e) "Material Recovery Facility" or "MRF" means a facility that receives discarded

materials for recycling and then ~ses a combination· of equipment and manual

labor to separate and prepare materials for shipment downstream to recyclers of

·materials recovered.

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f) "Scrap Metal" means the term as defined in California Code of Regulations, title

,22, section 66260.10.

g) "Separated Metals" means a mixture of metals removed from a Comrningl~d

Recyclabk Mixture that consists mostly of recyclable metals and that also may

contain some Batteries.

h) "SMI Facility" means each facility that has been, is, or will be, owHed and/or

operated by SMI in California.

i) "Unified Program Agency" means the term as defin.ed in Health and· Safety Code

section 25123. 7, subdivision (a).

j) "Universal Wast(' means the term as defined in Health arid Saf~ty Code section

25123.8.

6.- APl'LICABILITY

Unless otherwise expressly provided herein, the terms of this Stipulation and the Final

JiidgrrienfsliaIE1ppl)' fo and be binding on:Ta) SMf, iissuccessors, and its officers, directors,

employees, and contrac.tors; and (b) the Deparunent and any successor agency of the Department.

7; NO ADMISSIONS BY SMI

SMI denies the allegations and legal interpretations in this Stipulation and the Final

.Judgment, as well as those in the Complaint, and any liability resulting from those allegations and

legal interpretations. SMI enters this Stipulation solely for the purpose of settlement and

resolution of this action with the Department; without waiving any defenses, unless expressly . '

waived herein; and without prejudice in any future proceeding. SMI contends that many of the

requirements set forth in Paragraph 8, go beyond the requirements of the HWCL and Title 22.

8. INJUNCTION

Pursuant to the provisions of Health. and Safety Code, section 25181, as applicable, SMI

agrees to the following as to all SMI Facilities that SMI owns or operates in California after entry

of the Final Judgment:

a) SMI will fol)ow its Load Checking Program, including procedures for identifying and

handling Universal Waste iri its incoming loads and the enhanced load rejection

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criteria, approved by the Department (attached as Exhibit "B"). This Load Checking.

Program is designed to identify Universal Waste improperly s.ent to SMI by a Material

Recovery Facility and others, and to reject incoming loads that exceed the criteria in

SMI's Load Checking Program. Any material modifications to the rejection criteria

· for Universal Waste shall be mutually approved by the Department and SMI prior to

implementation ·by SMI. If it is not possible to return a rejected load to the originating

facility, SMI must properly manage the load in accordance with any applicable

requirements in the HWCL or Title 22.

b) SMI will follow management requirements in Paragraph 8(b) and 8(c) for individual ·

Batteries a!ld Separated Metals produced from its processing of Commingled

Recyclable Mixtures to segregate the glass from other materials, including metals.

Based on process improvements to reduce the number of Batteries that SMI manages,

SMI's representation that it is not feasible to remove all Batteries from Separated

Metais, and on data SMI provided to the Department on September l, 2017, the ..

Department concurs that SMI's Separated ~etals are considered Scrap Metal as

defined iQ. Paragraph 5(f). Pursuant to California Code of Regulations, title 22, section

66261.6, subdivision (a)(3)(B), Scrap Metal is excluded from ihe HWCL and Title 22

when recycled. . ·

1) SMI is not required to manage Separated Metals as Universal Waste or as

Hazardou.s Waste provided .that they are not illegally disposed of. Separated Metals

that are not recycled do not qualify as Scrap Metal and must be char~cterized before

disposal in accordance with Paragraph S(g):

2) If individual Batteries become separated or are r~moved from the Commingled

Recyclable Mixture, SMI will manage such Batteries as a Universal Waste in

. accordance with applicable laws and regulations. Once removed, SMI will keep such

Batteries segreg~ted from and no't comingle them with any other materials or wastes,

including but not limited to: other Haz~rdous Waste, Universal Waste, or Separated·

Metals. s·

JUDGMENT AJ\!D PE.RMANENSTIPULA '!JON FOR ENTRY OF FINAL T INJUNCTION ON CONSENT

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c) SMI shall manage all Separated Metals in such a manner as to: (1) store the Separated

Metals in covered containers or in paved, covered areas protected from the elements.

that prevent release of any hazardous constituent to the ·environment; (2) ensure that

the Separated Metals are sent to tie.recycled; (3) maintain onsite, begiruring with the

ini~ial storage of the Separated Metals, documentation that supports SMI's claim that

the Separated ·Metals will be recycled by demonstrating that there is a known market

or disposition for the Separated Metals (such as contracts showing that metal smelters

will recycle it); and, (4) retain this s.upporting documentation onsite continuing for

three years from the date the Separated Metals physical!y leaves the SMI facility. SMI

will produce the documentation r-equired under this'paragraph, Upon request.by the . . . . Depaitment or the Unified Prografll Agency.

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d) At each SMI Facility, SMI shall identify all waste at the facility intended, or sent, for

disposal and shall comply with its waste determination obligations under the HWCL,

and its implementing regulations.

e) SMI shal! retain records supporting all waste determi~ations at each SMI Facility for a .. period of ai least three years from the date of each cfoi,errnination, and make them

available to the Department and to the Unified Program Agency upon request.

f) SMI will not dispose of any Hazardous Waste or Universal Waste in violation of

either Health and Safety Code section 25203 or the Land Disposal Restrictions in •

California Cpde of Regulations, ti.tie 12, Division 4.5, Chapter 18. The recycling of

Separated Metals dpes not constitute disposal if recycled in accorda.nce .with the

HWCL and Title 22.

g) SMI shall manage waste identified and d.etennined to'be either Hazardous Waste, or

Universal Waste, in accordance with the HWCL and Title 22 upon removal from any

recycling stream.

h) Inspections: ·

1) · SMI shall conduct monthly inspections, of not greater than tllirty (30) day

intervals, of all areas of each SMI Facility where Hazardous Waste is generated 6

STIPULATION FOR ENTRY OF FINAL ·JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

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and/or stored, including an inspection of all waste containers or piles and any

Universal Waste containers, to inspect for improper Management of Hazardous

Waste, \ncluding, but not limited to, labeling and accumulation times, in accordance·

with· the applicable provisions of.California Code of Regulations, title 22, section

66265.15 (general inspection requirements), and sections 66273.31 through 66273.40

(standards for universal waste-handlers). This section does not apply to the

Management of used oil.

, 2) SMI shall maintain a written or electronic. log on~site at each SMI Facility of

the inspections performed as part of each SMI Facility's records. The log shall be

furnished upon the Department's or the Unified Program Agency's request, and shall

be made available at all reasonable times, including at the time of an inspection, to

any .officer, employee or representative of the Department or the Unified Program

Agency.

i) California Compliance School: .

1) Any officer or employee of SMI assuming direct responsibility for, or direct

oversight of, Hazardo·us Waste Management at SMI Facilities must attend and·

successfully complete Modules I-V relating to Hazardous Waste at California

Compliance School within six (6) months o(the Effective Date, or of their hire, . . . promotion, or assumption of responsibilit)', unless they have attended !he California

Compliance School and'passed the relevant modules within the last five (5) years

before the date of their hiring, promotion, or assumption of responsibility.

2) For each SMI employee required to complete California Compliance School

.Modules I-V pursu-;,mt to this Stipulation, SMI will retain documentation of such

attendance for three (3) years after termination of each person's empfoyment and will

make such documentation available for review upon the Department's request.

j) Training and Documentation:

1) SMlshall comply with employee training requirements pursuant to California

. Code of Regulations, title 22, sections 66265.16 and 66273.36, including the design of 7

MENT AND PERMANESTIPULATIO)',( FOR ENTRY OF FINAL nJDG NT IN~UNCTION ON CONSENT

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a training plan, the implementation of specific training related to Universal Waste and

. any other-Hazardous Waste managed onsite, and training specific to SMI Facility's

Load Checking Program described above, Training shall be provided to all full-time,

part-time, temporary, and contract employees who may reasonably come into contact.

with Hazardous Waste and/or Universal Waste·at any SMI Facility,including, but not

limited to, cullet pickers/sorters. Training shall also be provided to all managers

responsible for SMI Facilities' personnel that. may manage or.otherwise come in

contact with Hazardous Waste or Universal Waste in the scope of their work dutie~ at

any SMI Facility.

2) SMI shall maintain e~ployee training reqords at each SMI Facility for each

current employee receiving training and for each former employee who received

Hazardous Waste and/or Universal Waste training for a period of at least three (3)

years after each employee ended employment wit.h SMI, and these records must:'(a)

. -·· incliidetheposffion lllld~mployee names, and ldentify the types, daiesand durations

of trainings; !Ind (b) be made available to the Department and to the local Unified

Program Agency upon request.

9. PENALTY PAYMENT AND LATE PAYMENTS

9.1. SMI shall be liable for a civil penalty of ONE MILLION, TWO HUNDRED

THOUSAND DOLLARS ($1,200,000), comprised as follows:

. a) Initial Civil Penalty Payment: An initial payment of $900,000 to the Department

within thirty (30) calendar days of the Effective Date (see Paragraph 23 below) of

this Stipulation.

. b) Credit Against Penalties for Above· Compliance Environmental Expenditures:

SMI shall receive a credit against civil penalties in the.amount of THREE

. HUNDRED THOUSAND•DOLLARS ($300,000) for SMI expenditures on a . .

dollar for dollar basis on "above compliance" environrne~tal complian_ce

measures (which are measures beyond those required by law or regulation)

identified in, and implemented after entry of the Final Judgment. The following

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activities qualify as "above compliance" work:

1) Construction and/or installation of standalone storm•top covers over any stored

Separated Metals, as further described below:

a. Three (3), or as many as necessar;Y to house all Separated Metals, standalone

stom1-top covers and concrete mounting pads where necessary (that meets or.

exceeds the performance of the item in Exhibit, ''C'', attached) constructed or

installed at each of SMI's six (6) California facilities.

b. Stonn-top covers must be capable of_protecting the contents from.exposure to

precipitation to prevent the release of storm water containing constituents frorn

these covered storage areas.

2) U.S. Department of Transportation (DOT) and HWCL training for SMI

employees.

a. SMI shall provide initial or refresher HWC::L and Title 22 training to employees

from each of SMl's six. (6) California facilities. The training must include, at a

minimum, topics related to hazardous waste identification, on-site

Management of Hazardous Waste, response to emergencies and/or releases of

Hazardous.Waste, and record keeping requirements and training requirements.

b. SMI shall provide annual_ DOT hazardous materials ~aining to employees from

each of SM!' s six. (6) California facilities. The training must include, at a

minimum, topics related to DOT shipping requirements, packaging

requirements, marking and labeling· requirements, and segregation and

separation of incompatibles.

3) Supplemental Environmental Project.' Within thirty (30) calendar days of the

Effective Date, SMl shall pay $47,000 to fund hazardous waste training progran;i(s)

developn;ient, e.g:, the development of a Universal Waste Management Module by the

California Compliance School Program at the Kem Community College District.

SMI shall make its check payable to the "California Compliance School c/o KCCD",

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and direct its payment to the following address: . .

Kem Community College District/CCS Attn: ·David Teasdale 2100 ChesterAvenue, Room 112 Bakersfield, CA 93301

4) SMI's Cost Summary and Above Compliance Activity List ("Cost Summary") ·

for these "above compliance" activities, as approved by the Department; is attached as

Exhibit "D". SMI may amend or supplement)ts Cost Summary once with the

. Department's prior written approval.

c) Documenting "Above Compliance" Work.

1) No later than six (6) calendar months after tlie Effective Date, SMI shall submit

to the Department a progress r<;:port swmnarizing all "above compliance" activities

··implemented and completed by SMlwithin the prior six-mon·th period. SMiwillsubntlt

to the Department another progress report each six (6) calendar months thereafter until

completion-of·the-"above eomplianee"·activities·identified··in-SMI's-Bepariment"approved

Cost. Summary.

2) No later than forty-two (42) months ~ter the Effective Date, SMI shall

document its expenditures on "above compliance" work by a sub.milting a completion

report to the Department, which includes an accounting of such payments and amounts,

certified by an SMI corporate officer under penalty of perjury under the laws of the State

of California, detailing the performance of the "above compliance" work, the cost(s) .

incurred, payments made, and when each activity was successfully completed.

Within thirty (30) calendar days of receipt of a completion report from SMI, the

Department shall review. the report, determine if SMI implemented "above compliance"

activities that amount to at least $300,000 in total expenditures, and provide a written

notice to SMI of its detenrunation.

d) In the event that that SMI fails to implement "above compliance'.' activities that

· amount to at least $300,000 in total expenditures, as provided abo~e, SMI shall pay the

remainder of the $300,000 in civil penalties, as identified· in the Department;s written ·

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notice concerning the completion report, within thirty (30) calendar days of receipt of the

written notice from the Oepartrnent. If SMI fails to make the payment, the.Department '

may seek payment by noticed motion pursuan.t to Code of Civil Procedure section I 005.

e) SMI shall pay each penalty by cashier's check or wire transfer _made _payable to

"California Department ofToxic ·Substances Control" and bearing the notation

HWCA20167251, and shall send any check to:

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Cashier Accounting Office, MS-ZIA Department of Toxic Substances Control P.O. Box 806 · Sacramento, CA 95812-0806'

f) An electronic copy or paper photocopy of each penalty payment shall be sent, at the

same time, to Department and Office of Attorney General personnel specified in

Paragraph 11 ("Notices"), below. Upon request, the Department will provide its

confidential wire transfer information to SML

9.2. SMI shall be liable for a penalty of $10,000 (TEN THOUSAND dollars) for·

each calendar day .that any payment required pursuant to the Stipulation and the Final

Judgment entered thereon is late.

10. ENFORCEMENT.

IO. I. If SMI fails to comply with the terms of this Stipulation or the Final Judgment, the

Department may pursue·any ayailable remedies, including but not limited to sanctions or.

additional penalties in this action for violations of the terms of the Final Judgment, as well as any . . '

separate enforcement action that may be brought for alleged violations of applicable s'tatutes,

regulations, and requirements.

10.2. If the Department determines that SMI has violated the terms of the Final Judgment,,

SM! with written notice of the violation to its representatives

dentified in Paragraph 11 ("Notices") below: The Department reserves its righi to assert a claim,

separate and independent of, al)d in- addition to, any claim made to enforce the Final Judgment,

for violations of the underlying statutory or regulatory requirements. If the Department files any

motion pursuant to this paragraph or brings an independent enforcement action, SMI reserves. and

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retains all rights and defenses to oppose the Department's motion or independent enforcement"

action.

writing and shall be sent to:

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11. NOTICES

·All notices·under this Stipulation and the Final I\,ldgment entered thereon shall be 'in

For the Department:

Reed Sato Deputy Attorney General 1300 I Street, Suite.125 · _P.O. Box 944255 Sacramento, CA 94244-2550 reed.sato@doj.ca.gov

Deni'se Tsuji, Branch Chief Enforcementand Emergency Response Division Department of Toxic Substances Control 8800 Cal Center Drive Sacramento, CA 95826 denise.tsuji@_dtsc,ca.gov - - --~- --- -- ­

Vivian Murai, Senior Attorney Office of Legal Counsel, MS-23A. Deparunent ofToxic Substances Con1rol P.O. Box 806 . Sacramento, CA 95812-0806 vivian.murai@dtsc.ca.gov

ForSMI:

Michael Hajost . Executive Vice President, Chief Financial Officer Strategic Matepals, Inc. 17220 Katy Freeway, Suite 150 Houston, Texas 77094 mjhajost@strategicmaterials.com

Matthew J. Keresman Senior Vice President, Operations 17220 Katy Freeway, Suite 150 Houston, Texas 77094 MKeresman@strategicmaterials.com _

Thomas V. Erdos, Jr., P.C. 15056 Southwest Freeway, Suite 110 Sugar Land, Texas 77478-3690. TErdos@aol.com

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STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERM.ANENT INJUNCTION ON CONSENT

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Each Party may change its respective representative(s) for purposes of notice by providing.

the name and address of the new representative, in writing, to the other Party. Any such charige

will take effect within seven calendar days of the date of the written notice.

12. AUTHORITY TO ENTEJ,l STIPULATION

Each signatory to this Stipulation c1:;rtifies that he or she'is fully authorized by the Party he

or she represents to enter into this Stipulation, .to execute it on behalf of the Party represented, and

to legally bind that Party.

13, EFFECT OF STIPULATION AND FINAL JUDGMENT

Except as expressly provided in this Stipulation, nothing in this Stipulation or the Final

Judgment is intended nor shall it be construed to preelude the Department, or any state county, or1

local agency, department, board or entity from exercising its authority under any law, statute,' or

regulation.

14. NO WAIVER OF RIGHT TO ENFORCE

Should the Department decline to enforce any provision of this Stipulation or the Final

Judgment,.that shall.neither be deemed a waiver of such provision, nor in any way affect-the

validity of this Stipulation or the Final Judgment or the Department's enforcement authority, nor

shall it preclude the Department from later enforcing the sall].e or other provisions. No oral

ad vice, guidance, suggestion~; or comments by employees or officials of the Department, or

conversations between employees or officials of the Department and employees or representatives

of SMI, or people or entities acting on behalf of SMI, shall be construed to relieve SMI of its

obligations under thisStipulation· or the Final Judgment.

15. NO LIABILITY OF THE DEPARTMENT

The Department shall not be liable for, any injury qr damage to persons· or property

re~ulting from acts or omissions by SMI or its agents, servants, employees, representatives, or

other persons acting in concert or participating with SMI, in carrying out SMI's obligations

pursuant to this Stipulation or the Final Judgment.

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STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

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16. FUTUR:E REGULATORY CHANGES

Nothing in this Stipulation or the Final Judgment shall excuse SMI from meeting more

stringent requirements that may be imposed by changes in the applicable law. It is the

responsibility of SMI to remain informed as to any and all applicable"statutory.and/or regulatory

changes, and to remain in compliance with all applicable statutory and regulatory provisions. If

tl\ere is a change in the applicable law that imposes less stringent requirements than provided for

in the Final Judgment, the Parties may agree in writing to stipulate to modify the Final Judgment

to be consistent with any such changes, consistent with the provisions of Paragraph 20 below.

17. INTEGRATIO~

This Stipulation and the Final Judgment constitute the entire agreement between the

Parties, and may not be amended or supplemented except as provided for in this Stipulation or in

the Final Judgment. No oral rep~esentations have be;n- made or relied on other th;m as expres.sly

set forth herein.

-18. RETENTION -----------

OF JURISDICTION

The Parties agree that the Court has continuing jurisdiction to interpret and enforce the

- ptovisioii.s of this Stipulation and the Final Judgment. Except as provid~d in Paragraph 24 below

{Termination of Injunction), the Parties shaUmeet and confer at least ten (10) days prior to the

filing of any application cir motion relating to the Final Judgment, and. shall negotiate in good

faith in an effort to res.olve any dispute without judicial intervention. If the Parties are unable to

resolve their dispute after meet-and-confer discussions, any Party may file a noticed motion in

this Court, in accordance with the applicable California Rules of Civil Procedure, seeking an

adjudication of the dispute.

19. EQUAL AUTHORSHIP

This Stipulation shall be deemed to have been drafted equally by the Parties hereto. The

Parties agree that the rule of construction holding that ambiguity is construed against the drafting

. party shall not _apply to the interpretation of this Stipulation.

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20. AMENDMENTS TO THIS STIPULATION AND THE FINAL JUDGMENT

This Stipulation and the Final Judgment may be amended only pursuant to a written

agreement signed by all the Parties, followed by written approval by the Court, or by order of the

Court following the filing of a duly noticed motiqn.

21.. COUNTERPARTS

This Stipulation may be executed in several counterpart originals, all of which taken

together shall constitute an integrated original document.

22. MATTERS COVERED

Except as otherwise provided herein, and provided that SMI makes the payments required

by this Stipulation and the Final Judgment, the Final Judgment is a final and binding resolution

and settlement of all violations that the Department alleged in the Complaint against SMI

("Covered Matters"). Any claim, violation, or cause of action that is not a. Covered Matter is a

"Reserved Claim." Further, "Covered Matters" do not include, without limitation, any claims

under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.,

§ 9601 et seq.), any corrective action claims to prevent or address an actual or threatened release

of a hazardous constituent or Hazardous Waste, brought by Department pursuant to Health and

Safety Code section 25187 subdivision (b), any claims under the California Hazardous. . . .

Substances Account Act (Health & Saf. Code, § 25300 et seq.), and such claims are also

"Reserved Claims." Reserved Claims are not addr~ssed or resolved by this Stipulation or the

Final Judgment. SMI agrees that. it will not assert that the Department's faj.lure to pursue any

R.eserved Claim as part ofthis action constitutes claim-splitting.

23. ENTRY OF FINAL JUDGMENT AND EFFECTIVE DATE OF FINAL JUDGMENT

The Parties further stipulate that, upon filing o'r this Stipulation with the Court, the Court . . may enter the Final Judgment in this matter. The "Effective Date" of the Final Judgment is the

date the Final Judgment is entered by the Court. If the Court does not enter the Final Judgment as

proposed by the Parties, each Party reserves the right to withdraw the Stipulation upon written

notice to all Parties and the Court.

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I 24. TERMINATION OF INJUNCTION

At any time after the Final Judgment has beeri in effect for four ( 4) years, and SMI has paid

any and all amounts due under the Final Judgment, SMI may move the Court (following a forty­

five (45) calendar day notice served on the Department by overnight mail) to terminate the

injunctive provisions of the Final Judgment based on a showing of demonstrated substantial

compliance with the injunctive terms of,the Final Judgment. After SMI I:ias served on the

D~partment written notice of its intent to move to terminate the injunctive provisions of the Final

Judgment, the Parties agree '1iat they will meet and confer within fifteen (15) calendar days of

such written l)otice, to discuss the proposed motion and SMI's supporting information to

demonstrate substantial compliance with the terms of tlie Final Judgment, and to determine if a

stipulation for termination can be reached. In :the event that SMI proceeds to file a motion to

the injunctive provisions of the Final Judgment following the meet and confer

discussion, none of the injunctive provisions of the Final Judgment will terminate pending the

Coiirt'sfiiial ru1irig on SMI's motion. The Department may file a response to such motion by

SMI within forty-five ( 45) calendar days of receipt of SMI's notjced motion. SMI may file its

reply within twentysone(21 cal~ndardays ofsefyiceofany response by the Department. The

Department's failure to oppose the motion shall not constitute a waiver or estoppel of the

Department's authority to otherwise enforce any violation of ta·w and shall have no evidentiary

effect. The .Parties agree .that the Court may grant SMI' s motion upori determining that SMI has

substantially complied with the obligations set forth in the Final Judgment. In the event the

injunction sefforth herein is terminated by stipulation of the Parties or upon motion of SML the.

terrninatioi:i ofthe i!1junctive pro~isions of this Final Judgment shall have no effect o~ SMI's ·

obligation to comply with all applicable requirements imposed by statute; regulation, ordinance,

or law.

25. COSTS AND ATTORNEYS' FEES

Except as otherwis.e provided in this Stipulation and the Final Judgment, each Party to the

Stipulation and the Final Judgment shall bear its own costs and attorneys' fees.

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.Dated: _______, 2019

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· FOR S1RA:r1m1c MATERIALS, INC.

MA.TI1!EW J. l<ERESM~ Sllnior Vke Pre.sident, Operations Strategic Materials, Inc.

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IT IS SO STIPULATED.

Dated: f'-),':::\ . \ ~ ,2019 FOR IBE DEPAR1MENT OF TOXIC SUl3STi',NCES CONTROL

Original Signed by Keith Kihara

=KB-1-TMt'.!+---l'-HARA-=·--"'---------..- ­Division Chief · Enforcement wid Emergency Response Division Depnrtm.ent of Toxic Substlinces Control.

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IT IS SO STIPULATED.

D11ted: µ~ \ le ' 2019 ~

Fo~ THE DEPARTMENT OrTOXIC SUBSTANCES C9NTROL

. Original Signed by Keith Kihara

·KEIARA ~--Diviaion Chief . Enforcement and Emei:gency Response Division Depnrllmmt of Toxic Substances Control

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STll'ULATIONPOREN'rnY QFFINALIUDGMENT AND PllRMAN~'~lNJUNCTION ON CONSENT

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FOR S'fRAlliGICMATERIALS,'D-iC,

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Daled: .------'2019

MARI( C. HOLSCHER KIRKLAND &·Er..us LLP . Attorney for Defendant Strategic Materials, Inc,

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APPROVED AS .TO FOR,M;

oatect: ~ t l.. •2019 . XAVIER BECERRA Attorney General of Califumia· MAllGARrl'APADILLA Supervising Deputy Attorney General

' Original Signed by Reed Sato

Rl!EDSATO Deputy Attorney G!!neral ./ Attorneys for Plaintiff People of the State of . California, ex rel. Departmenr ofToxic Substances Control

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APPnOVED AS .TO FO:R,M:

Da~:.~ \~ ,2019 XAVlER BECERRA· ~ttorney Ge®rnl of Cwifomla MARGAIUTA PADILLA Supervising Deputy Attorney Gene1:al

·~original Signed by Reed Sato

REED SATO Deputy Attorney General Attorneys for PlaintiffPeople oft[ie State of . California, ex reL Department ofToxic Substances .Control

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DIiied: ~ '2,( · , 2019

· Original Signed by Mark Holscher

:::I' . ,.... ,_ • -MAruc C. HOLSCHER K1RK.LAND & EL!JS LU' Attorney for Defenda.nJ Strategic "!ateriaLr, Inc.

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Exhi'bit A

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[PROPOSED] FINAL JUDGMEN_T AND PERMANENT INJUNCTION ON CONSENT

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XAVIER BECERRA Exempt from Fees Pursuant to Attorney General of California Government Code section 6103 MARGARITA PADILLA Supervising Deputy Attorney General REED SATO .

· Deputy Attorney General State Bar No. 87635

1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94J44-2550 Telephone: (916) 210-7789 Fax: (916) 322-5609 E-mail: reed.sato@doj.ca.gov

Attorneys for People ofthe Staie ofCalifornia, ex. rel. Meredith J. Williams, Acting Director ofthe Department ofToxic Substances Control 10

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SUPERIOR COURT OF THE STATE OF CALIFORNIA ·

COUNTY OF SACRAMENTO

PEOPLE OF THE STATE OF Case No. CALIFORNIA, e:c,:el. ME,REDITHJ . . WILLIAMS, ACTING DIRECTOR OF [PROPOSED] FINAL JUDGMENT AND

PERl\'IANENT iNJUNCTION ON CONSENT

THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL,

Plaintiff,

v.

STRATEGIC MATERIALS, INC., dba WESTERN STRATEGIC MATERIALS,

. INC., a Delaware corporation,

Defendant.

Having reviewed the Stipulation for Entry of Final Judgment_ and Permanent Injunction on

Consent ("Stipulation") between Plaintiff, the People of the State of California, ex reL Meredith J: Williams, Acting Director of the Department of Tox_ic Substances Control, and Defendant,

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Dated: _______; 2019 .. JUDGE OF THE.SACRAMENTO COUNTY SUPERIOR COURT

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Strategic Materials, Irie. which is attached as Exhibit "A", and good cause appearing herein, the

Court finds that the resolution set forth in the Stipulation is fair and in the public interest. The

Stipulation is approved, and its terms are incorporated into this judgment by reference.

Accordingly, final judgment is entered .

IT IS SO ORDERED, ADJUDGED AND DECREED THAT THE FINAL

JUDGMENT AND PERMANENT INJUNCTION ON CONSENT BE ENTERED AS

PROVIDED HEREIN. '

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Exh·-ibit A

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[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

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. XAVIER BECERRA Attorney General of California MARGARITA PADILLA Supervising Deputy Attorney General REED SATO .

Deputy .Attorney General State Bar No. 87635

1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210"7789 Fax: (916) 322-5609 E-mail: ree<l.sato@doj.ca.gov

Attorneys for People ofthe State ofCalifornia, ex rel. Meredirh J, William.r, Acting Director ofthe Department ofToxic Substances Co.ntrol

Exempt from Fees Pursuant to Government Code section 6103

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SACRAivlENID

PEOPLE OF THE STATE OF CALIFORNIA, ex rel. MEREDITH J. WILLIAMS, ACTING DIRECTOR OF THE DEPARTMENT OF TOXIC SUBSTAN~ES CONTROL,

Plaintiff,

.Case No.

[PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT .

v.

STRATEGIC MATERIALS, INC., dl,a . WESTERN STRA TEGICMATERIALS, INC., a Delaware corporation,

Defendant.

Having reviewe<l the Stipulation for Entry of Final Judgment and Permanent Injunction on

Con~ent ("Stipulation") between Plaintiff, the People of the State qf California, ex rel. Meredith J.

Williams, Acting Director of the Department of Toxic Substances Control, and Defendant,

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Dated: _______, 2019 JUDGE OF THE SACRAMENTO COUNTY SUPERIOR COURT.

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Strategic Materials, Inc. which is attached as Exhibit "A", arid good cause appearing herein, the

Court finds that the resolution set forth in the Stipulation is fair and in the public in.terest. The

Stipulation is approved, and its .terms are incorporated into this judgment ·by reference.

Accordingly, fmal judgmeµt is entered.

IT IS SO ORDERED, ADJUDGED AND DECREED THAT THE FINAL

JUDGMENT AND PERMANENT INJUNCTION ON CONSENT BE ENTERED AS

PROVIDED HEREIN.

•

Exhibit B

LOAD CHECK PROGRAM

.· Strategic Materia. .,uality Manual Chapter 2 --- S1,1pplier Quality

2-1 Incoming Supply Inspections

After a supplier has passed the certification testing, pricing and delivery schedules are agreed to, SMI performs inbound quality inspections and EVERY LOAD receives a rating. The regular and individual delivery inspection is either by;

Visual Inspection - in the case of Mixed Window Plate (MWP),. Clear Window Plate (CWP), Nwhole" or ''3-dimensional', flint, amber, green or mixe~ color or

Sample analysis - in the case of 3Mix gla,s from a Material Recovery Facility (MRF)

Equipment Needed -- Process is facilitated by the use of:

Ill !~bound Inspection Device {IID) vibratory table with on-board blower w/ 2chutes

Ill (4) standard S q~art pails

Ill Metal sampling·scoop (24 oz ideal)

• 4" Putty knife/scraper

• 5,000 gram scale (1 gram readability ok- all weights to nearestgram

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OM Procedure 2-3 - Incoming Supply Inspections

m Truck arrives from supplier and the QC technician is notified of its arrival.

!!Page

Strategic Materia._ ~uality Manual Chapter 2 --- Supplier Quality

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Quality technician records the name of supplier, hauler and glass type onto OM Form 2-3A Inbound Data Only and observes the unloading of the truck.

If load contains anything other than the "expected" contamination it MAY.be.subject to rejection. If the load contains GROSS CONTAMINATION. or HAZARDOUS WASTE, medical waste. excessive battery contamination, chemical odor, body parts or anything else which would cause the technician to identify the load as rejectable. the plant manager should be notified immediately. Photographs should be taken, and a QM Form 2-3B Notice of Downgrade or R,eiectlon should be filled out and supplier notified to determine disposition of the load. ·

Rating the M9terial

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Using the QM Form 2-3A Inbound Data Only re.cord the rating or data as follows:

lft~e·load is MWP, QNP, "whole" or ''.3-dlmenslonal'; bottle Flint, Amber, Green, or Mixed, a visual estimate of the percentage of usable glass is made and a rating is recorded using the following criteria:

Rating 100: >95% usable glass. generally clean ~lass w/ no visible contamination · .·11ating·90;85% to94% usable glass. geri"erallycleanglass w/ mihlmal amounts of NGR; no

ceramic or rock . Rating 80: 75% to 84% usable glass, minimal amounts of NGR, ceramic, rock or excessive color

contamination. · - Rat1r1g·70: 65%-ro 74% usableglass: excessive amounts of NGR, tera~rrtit, ro·ck onol'or · contamination .

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If the load is MRF3MIX the QC tech takes an empty 5 qt pail to the pile and tak·es sampling. Sampling gathering procedure ­

o Grab a minimum of 3 scoops from each side of the plle approximately half of the way up the side of the load to fill the pall. Approximately 5 to 10 lbs. is collected In this manner.

After· obtaining the tare wei_ght (wgt. of the pail), weigh and record the Total Sample Wg\.

Using the Inbound Inspection Device [IIDl, dump the entire sample on the perforated table tap and turn on the blower and vibrator.

While the sample is being vibrated on the perforated table top and the minus 3/B" material Is falling through, pull out all contaminates (trash,. rocks. ceramics,. milk glass. metals, etc.) and discard. If there is a label stuck to glass, keep the glass. If bottle caps contain glass. keep the glass.

Ill Continue to remove Non Glass Residual (NGR) from the table top until o~ly glass remains. . I

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Material< 3/8 glass i's now ln the collection·bucket below the IID perforated plate chute

Material> 3/8" that is remaining on the perforated plate is now scraped off the end into the Usable Glass chute and falls into the collection bucket.

2 j Pa£'-"

Strategic Materia,, .uality Manual ·• Chapter 2 --- Supplier Quc1lity

•

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Weigh the pail wlth'all of the undersi2ed material. Record weight of Minus 3/8".

weight the pail from und~r the·end chute, re~ord ihe weight of the Usable Glass.

Periodically throughout the day (ie. Suggested Minimum: First break, lunch, second break), the information from the completed QM Form Z-3A is entered i~to the database, thus automatically assigning i!!Lrating information and p_ertinent data to i!!Lof the inbouna tickets for the day. Th_e entering of the data throughout the day eliminates the build-up of work at· the end of the day which is typically already busy at the weigh master station.

Database Entry/ Quality Ratings

By entering all Inbound data from the OM Form Z-3A into the .ENWIS, all inbounc;I weight tickets are assigned a rating. This rating is necessary to compare quality and pricing of inbound materials fro~ individual suppliers. In addition to the load ratings, the database is capturing the actual percentages of NGR and Undersize material.

The diagram below shows theENWIS Flow for a 3,Mix load . .

~~1-.-------:

~~\ifi;6~ ~, K~'w~~;t,l\Wl~'\1'S1f~~~~~~~~·~*~ii~~~¥~il!lfi .:

KeY,.Higljlitil)b ., .. '.,

• . ,00%.ofin~µti.d:iii•ds,to·.be· ·.vi~u~i!Y i~ied:_tq,r[enily8~~) -

•

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·,

·,.:

"'

' s~rne

,•'\'..

.. p~~ -~~. in. c~~Ql ~-l!~ :VJ r;,ri/,now:(lilly,l~lag{a~d·)Yllh••~e ~~ts,an{~(<!edin lhMr,;19ir

. ' ' ...

To ba,GomP.IBtoo befora,finishing.'lhescaLe:.liiii<•i~IJ~ ,!'llou~~'oiit.ai' ·• · · Traooabilil}'-of..every-incoming load f[l?m,~n~he~ . . .

Yl's,Will trigger ~l)~iif!~M!!~s.i

'.f'~ents"·'

;t~p(ii!i\iin.~n~g~"'­wfion load·cntena ls:not mel

P10tlt mariagers·C0t1·mtJriitOr.Vl's· Iha(~~~~ nol'be)lp cqmj)Je!O<l

:,i~~~rtl mal~[i~I ~owng~e priCJ;lS imd'rees

3IPage

Strategic Materia.._..iuality Manual • Chapter 2 --- Supplier Quality. .

2-2 Supplier Communications

· Nothing is as critical to maintaining solid supp lier relationships .as·consistent communications between our plants and our siippliers' plants. The better we communicate with our suppliers, the more smoothly the supply will continue to flow to us. Once the relationship is solid, it Is very . much easier to address the every-day trials of excess contamination, competitive activity, freighting costs and any other issues which may arise.

With whole bottle Mix, Amber, Flint, Green, MWP and CWP we do not expect to receive an . inordinate amount ofcontamination. W~_en it happens, a phone call to the supplier generally

clears up the issues at hand fairly quickly. If the loads do not Improve, the issue needs to be escalated, Charges may be warranted to compensate for the excessive clean-up costs. Light loads drive up our landed cost if we do not address the Issue with the supplier and work.out a mutually agreeable solution in a timely manner.

An increasing number of our plants are having to adapt to accepting and processing 3MIX from Material Recovery F.acilitles (MRF's). In these loads we expect a small percentage al non-glass residual (NGR) and u_ndersize material. These Accepted Quality Levels (AOL's) are 10% NGR and 15% undersize '(measured as< 3/8").

Handling Supplier Contamination Issues

Once a supplier is established iri our system, inbound sampling is performed, data collected and ratj.r,gs applied_<!>_QUtlined earlier, We..fil.e in a_RQSitionJoa.ddress witb_o_ursuppJi_ers.the_issuesof excessive contamination·. The Area Manager, Plant Manager, and perhaps the National Account Manager may choose to address excessive contamination implementing a chargeback to compensate our plants for the excessive costs of deaning and landfilling unusable products.

Two forms have been created to facilitate the communication of these programs to our suppliers. They are:

QM Form 2-4A Letter Supplier ChargebOck / Price Adiustment

Used to confirm previous conve'rsatlons between the SMI

plant and its supplier · relating to the ch.argeback or pricing adjustment agreed upon. Since these

details vary from plant to plant, ihls is a WORD document which can be modified to fit circumstances. · · · ·

QM Form z.4a Chargeback/ Price Adjustment

Used by our Plant Manager to request invoicing from Houston Corporate Accounting to one or several suppliers. Sirice the costs involved In dealing·with excessiv.e trash and unders_ize varies from plant to plant, this Is an EXCEL document which c;m be modified to fit circumstances. All excessive costs lie landfill plus handling) are adjusted per agreement with Area Manager, Plant Manag~r and Supplier.

By using the database information, each of the SMI plants can and should communicate each supplier's performance to them on a weekly basis throughout the month.

Another form which should be utill2ed·o'n a consistent basis by our plants is QM Form 2-4D Supplier Contact Log. This Is merely a spreadsheet to keep track of individual contacts with each

41Page

Strategic Materia,. ..(uality Manual '· Chapter 2 --- Supplier Quality

supplier. Phone conversations, dates, contact lnformation,'subjects discussed are all pieces of information which is useful to have recorded when discussing any aspect of the supplier relationship. ·

Supplier periodic visits - survey

Depending on the volume and importance of supply comin.g into a particular SMI plant, periodic on-site visits should occur. Quarterly visits with SMI plants' largest suppliers is recommended .

. The personal visit is extremely important to maintaining the desired relationship with our suppliers. This should be a combination of SMI visiting the Supplier plant and the Suppliers visiting our plant. In addition to normal items of business being discussed, it Is important to have ·the supplter flit out a QM Form 2-4C Supplier Survey Form. This will provide written documentation as to the perceived value of the service we provide to that supplier.

Strategic Materia. ..iuality Manual • Chapter 2 --- Supplier Quality

Addendum 1- Excessive Battery Contamination

Ill Batteries are not expected in inbound loads and are considered contamination. Generally; .the battery contamination observed consists of batteries commonly found in hous'eholds as seen below: ·

• . - . bareliands, use approved safety gloves.

Ill

Ill

Ill

SAFETY NOTICE- Always treat.~ach battery as If it was damaged. Do NOT handle with . -~-- .. ----- ­

To be safe, all household batteries will be treated as universal waste

Fallowing the procedure outlined in 2-1 & 2-2 above, count batteries In contaminates separated from the usable glasSin the lribound sample. lfthere are 4 or more batteries within the sample, the inbound load is considered reject-able and QA must inform plant manager of the outcome of the sample. Once sampling is complete. make sure to take batteries and dispose ofin designated universal waste collection bucket.

Plant manager determines if cleaning or disposal fee should be applied,

Employee Name Trainer Date

6IPag:e

111,omlng Supply - Battery A:eject. Crl~,ria

21b per Ton AverageQuantity

(a)

3'1C Limit Perlmller 2 Ton

Battery Si1e AVH Weight

(g) Avg Weight

(lbs)

,Rejection Quanlty per Ton

Load Inspection Rejection Limit ,.

(b=3xa) (C • 2 X b)

AAAA 8.0 0.01763 113 340 681

AAA 12.5 0:02755 73 218 436

AA 25.5 O.OS620/ 36 107 214

C 72.5 0.15979 13 38 75

D !47.S 0.32509 6 18 37

12 Lbs In any com!Jinatlon

(12/4,000 = 0.3%)

•

•standard perimeter load inspection= 2 tons

....

l I , .(1-redmeterload l~spei:ilon -12 point.. ofconlacf..:2 ton sampiar·­

i i iJ •• ····- < - ••• ,--·· •··, ·-···· • T ·- · -·~··r. ~---··-·-·r-·-···-·· l! i I i :·:---:-;i 2 . L3. . . ;: . ~ I

j 1 • •· ;. •~ ._.... ;"; I

Jncomlng Supply· Other Unlversal Waste Reject: Criteria

Avs Weight (g)

Mg Weight (lbs)

lib per TonAverao:e Quantity

(a)

3,r. Limit Rejection

Quanity per Ton lb=3xa)

Perimlter 2 Ton Load Jnspectlall Rejection Cimlt •

(e>2Mb)

Aerosol Can, Cell Phones & Remotes

Bulbs. e~was.te

91.72 96.64

.12.14 18.94

0.20215 O.U299 0.02676 0.04174

10

9 75 48

30 28 224 144

59 ,

56 448 287

•stahdard perimeter load inspection::: 2.tDri~

.. '

,.

.>

ihe S200K looks lite this ,check cut-the Youtube vld~} 6 plants x 3 roll off,• 18 x {SS.DDDl 1 Cover Ea {S4,00D) • 16 x·s9,00D =$162K The $321( balance is for rePlacement coveB Jn 'the 4 years at k!.asta ofthese will get trashed.

The.:: r-eH ofh will bi: specially marked for this purpose

h!tps:/JWww.youtute.com/wa~Chfl!=:39jcfZMMG1M#action=share, hrtps:J/www.rolloffcovers.com/

s 162,000

s 32.DDD s 194.DDD

l

2 3

4

5

6

COM

VER MAD

SAC

FRF

MOD

' SJ'"'t.lD,i,U.ONE STORM-TOP COVER (ST~)

$3.845.00

. STO~t.'l-TOP cover 1.hi'tl1 stand alof"le mount to ancticf JO concrete

For c-on.tamer 4r to 99· tall

·Lengtti Up to 23· {26' with a..,ail2CJ.le exte11s1an lo:ttl

n<i,,~· P.L.EASE•NOTE,ON;O.RD,ER ;,.,f . .. . . . .. .. !~ CO.NT.O.INl;R . . . . . . LENG'll+IS LESS

srups as Kit- assemoty time ap0rox:ima1e1y 3-..4 hours

SKU. ST,8200-SA Category: Storm-Top cove~

'• ,l '

I.

Exhibit D

Exhibit D f

),

P'r,STRATEGIC~-MATERIALS ;:i~.u"'!I" .r.,nn"v Jta=•u=•

.

won.Plan: Owner: • Dae,,, 51311 'a

Nst!Jl....1.-.r.lMpie-,uln'iil m.•.io.n.. C11111pllaaa,~ El[MS ltoal lh DT9C !Sealernu.nl 1--------------------------------------------------------~T-: PIUI i;9b9fff,Sal ~mlr1rr, Ra1111r-..gfl11t-COII, •ar;arit~ Bami.-YER.~"-• FRF, Dan •ciort - SAC, IU£I Tiallar• IU.lJ, Doll:IIII Sul"Urd• MOC. lub LtlllYS • 11!"'6$ CA,.,h,hll Clllml • E.tlliS C!lfil

E>:-ln Sl:crlrn-,y: \his- plan <19C11nwma 11r in: o,., Aba'l'11 C11ooplianc<111cl.lcmaSMil• llrklna la sceonlanca wllll Uo1DTSC St"""'­2019

·,v;_( I$~...,. ...--­ O.n,r .a.uret .., -,M

lf'd!t, Ti'alnflM1Cas.1S;l,;ijijQi eEk'.~..:'~""ti --;.-q~~ ~:&t! i;J:l~ ~:~

• COmetC1l t;oro C:hei:k·Hourrv ' lirlslJaM ' b Comerce 'Load Chet:k S ,-, l.llls/'J(ll!II ·' e Fairfield Load Check H Hurnb9no ""'""" X

d Frurlletd Load Cheek Sala"' - LuWJahll X

• Moclesro toad ChecK He .... t..,ls/'JoM X

' Modesto l!Jad Chec!C Sa! O.nl•I L~IG/JoM X

' sacramento Load Cl1!1(:k Hourl\l "" LIJ!SIJIJlln X

h Sacramento Lo.ad Cl'leck sa: OM L~/SIJGM X

I vemon Load Check Ho M·-arlto Lll!s/JOl\p ' II Vemot1.Load Check S ·-"" "WifsfJohn ' kl Madera t.~ Check - Luls,/JaM

I Madera load Check Smrv · """ Lta/JD!ln X

m . WestDirO"" Mg """'"' X

" EH&S Mg JvM X

' ~Tralnin.. ... \.ul~M

' .2021-Tra ...., l.ulsfJohn •

' ·2-022. Trafninn­ ...,, l.wr;/Jahn'

. --,:·­ ·­ r ·-·

X X X $ '181;1 X X

X

X

... _.,_ ::~

X

' X X

X

X

' X

X

X X $ H60 X X: $ tatl

X )I; $ 11200 X X $ 181l

X X $ .!i'Ztl X -ll $ 1SO

X lC $. "J 640

X X $ 180 X X $ $80

X X $ 180 X X $ 2!1D X X $ 2400

$ ,.., 400 X $ 1?400

X $ 12.1101)

~ ifnilnhici'C"stslliiilVf!t"sihWilit&~~~~ F.W ~ - ~ ~1$ :mi~r.-?~ ~m, g!,~:­ ~;a '!JM':; "' "'" "'""' I' ··§.

a comerce Unhletsai was1"' urf11 ·LIIISfjgnn x b COmen:e Unlw:rsa! wasleSal R""', Lll:l5'Jabn x

Fairfield UnlYeBal Waste Hou Humllllrto. Lulsf./ohn X Cl Fa!rll11ld Ltnlver.sal Wai.te!-iiala Htirnt,am, Lulal.lotm 'x

• & Modesto Universal Wastit HCu"" Daniel Lll:ls/John X t Modesto 11n1versa:1 waste Sala,.,. Oanlel La!$1Jchn X 1 Sacramento Unlversid WasteH Da,,. bl&.l.lo.tin x h sacramemo Ur'lr/eis~ Waste C11n u.a1Jahn x I Yemen Univers:ar WasteHo Marm~to tul.!/Jo:MI x

Vemon-Unfversal wmeSal M rtto t.c1a1Jo1111 x Jc Madera Univers21 w eHo NlCk L~l:IIJoM X 1 Mader.a Universal W.esteSalarv Nk:k l.UWJBhn X

m Wesr Dir Oo,;; t.f.alt l.lllsfJBl>n X n f=H&S Matt LulllJoM X

a b

'• ' ' h

Commerce·~ Salarv hlalt ftQQ,,, Fartle!d - Sa 1.1a1t 1-!umhllrtB

Modesta - Ssfarv Malt C..nlel­Sa~mento - Sal""' Vemoc,-Sal Madera - Sal""' WestDl10os EH&S

"" "" "" ""

""" Maqiarlto

X

' X

X

X X

' ·~-~~~~i:~;::ir;:.~~~~$!9, .~ti!e""a

a ""'~mmerce b ·-· ' Modeslo d Saramento

• Vernon I Mad= ,.,

Mill Reger X

...... .... Ooo

-·-·-X

X X

X

'X

X

' ' X

X

'X

X

X

X

' ' X

X

., '

' X

!$}. -

X

X

X

' X

X

' ' X

X

X

X

X X X

X

X

'X

X X

"' ...

X

X

X X

X

•.$ 17$ S 675 • 015 • 875 • 875 $ B76 S .875 S 87S

Ji!~;~~ ·GOO~ $ 21000 S 21000 S 21 DDO $ 210:DO $ 27"00 • 27 $ 36,0DD

Page 1 ol 4

r )

Exhibitio

DTSC - SMI Future Compliance Costs Executive Sufl)rnary . . ' '

Future Training Costs !$ ~~o l $ ~oo ~oo r$ ~oo ;otal - ! ~--- I ..~_,____,,, ___,_ .--!--··---!-····-·---,

Future Capital Costs ! $ 198,000 / i I · ; ! $ 198,000 1Total · $ 215,400 $ 1i2,400 $ I 12,400 $ 12,400 . $ 252,600

;

ti,--

I' '(

=~~;; !

Page 2 of 4

Universal Waste

Hours

2.00 2.00 2.00 2.00 2.00 2.00

Cost

$

Exhibit D

Year 1 Year 2 Year3 Year4 Total

Future Training Costs · $ 17,400 $ 12,400 $ 12,400 $ 12,400 $ 54,600

._,

Hourly

Commerce· 1070 Fairfield· 1075 Modesto - 1063 Sacramento • 1064 Vernon • 1080 Madera·-· 10s0

Sub Total Hourly ·218 $ 8,720,00

. FTE Head

Count

63 49 30

13 41

22

$1HR

· 20.00 20.00

-20.00 20.00 20.00 20.00

Load Check . .

Hours.

2.00 2.00 2.00 2.00 2.00

2.00

Cost

$ 2,520.00

$ 1,960,00 $ 1,200.00 $ 520.00 $ 1,640.00 $ 880.00

­

I T&E Hours Cost E Hours Cost T&E Fees T&I2.00 24.00 875.00 2.00 24.00 875.00

2.00 24.00 875.00 2.00 24.00 875.00 2.00· 24.00 875.00 2.00 24.00 876.00

2.00 24.00 875.00 12.00 24.00 875.00

$. (Yr 1-4) $ (Yr 1-4) NOTto EXCEED

- - . - 1,oqi.00 - ss,000:00

. -

Load Check Universal Waste DTSC Training -

Salary FTE Head

Count $/HR. Hours Cost

Commerce. 1070 1 90.00 2.00 180.00 Fairfield - 1075 1 90.00 2.00 180.00 Modesto • 1063 1 90.00 2.00 180.00 Sacramento - 1064 1 90.00 2.00 180.00 Vernon - 1080 1 90.00 2.00 180.00 Madera· 1068 1 90.00 2.00 180.00 West Dir Ops 1 100.00 2.00 200:00 EH&S 2 100.00 12.00 2,400.00

Sub Total Salar-y 9 $ 3,680,00 Total Annual Costs 227 $12,400.00 1 Time Cost per EE · (Year 1) -5,000.00

Page 3 of 4

----------- ---- ----------- ----------------- -----------------------------

Exhibit D

Future Capital Costs

Cost/ Roll­Off

Sub-Total Roll-offs

Cost/ Covers

Sub-Total Covers Plant # Roll offs #Covers . Total"

1

2

3 4 5. 6

Commerce - 1_070 3 $ 5,000 $ - !15,000 3 $ 4,000 $12,000 $ 27,000

Fairfield - 1075 3 $ 5,000 $ 15,000 3 $ 4,000 $12,000 $ 27,000 Modesto - 1063 3· $ 5,000 $ ilS,00~ 3 $ 4,000 $12,000 $ 27,000 Sacramento - 1064 3 $ 5,000 .$ 15,000 3 $ 4,000 $ 12,000 $ 27,000 Vernon - 1080 3 $ 5,000 $ ;1s,ooo 3 $ 4,000 $12,000 $ 27,000

.Madera - 1068 3 $ 5,000 $ '15,000 3 $ 4,000 $.12,000 $ 27,000 Spares 9 $ 4,000 $ 36,000 $ 36,000

$198,000

Page 4 of 4