Oil Waste Company SCWW Sues County - Says Regulations Are Too Tough

Santa Paula, CA - 

On September 27 at 8:30 am there will be a hearing in Ventura County Superior Court, Department 20 regarding a case filed by Santa Clara Waste Water Company (SCWW) against Ventura County Environmental Health department. The legal action was filed on August 8, 2016. 

SCWW in Santa Paula was the site of a 2014 massive explosion when chemicals from a vacuum truck interacted with other chemicals on site. HERE is a NEWS report. SCWW owners and supervisors were indicted on 71 counts related the explosion. The explosion injured employees and firemen responding to the emergency and sent a toxic plume into the air.  


scww_explosion.pngAccording to a letter dated Sept 8, 2016  to the County from Sespe Consulting, on behalf of their client SCWW, the legal action relates to stricter regulations that SCWW will have to adhere to due to the County calling the company a "large quantity generator of hazardous waste." The letter goes on to state, 

"The NTC and County decisions now require the facility to operate as a large quantity generator of hazardous waste. If it were to be subjected to these requirements, it could impose many costly staffing, training, operational, permitting and regulatory requirements that could impact the company's ability to operate as it has for decades. No activities have occurred on the property since August 5, 2016. SCWW has filed a civil action requesting relief related to the NTC (and related matters). SCWW is planning that as soon as the civil matter is resolved, work will continue on the property pursuant to the EUA. All work activities described below occurred on or before August 5, 2016." 

 NTC means "Notice To Comply" 

On September 2, 2016 SCWW asked the judge for a temporary restraining order, to allow the company to continue to operate during the case. The judge denied the request. The minute order document states –

In considering a request to issue a temporary restraining order, the court must do an analysis of both the likelihood that plaintiff will succeed at trial and the interim harm that would fall the parties with or without the temporary restraining order. (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63.)

SCWW_VS_VCEH_9-23-16.jpg

HERE is the minute order. 

Let CFROG know if you plan to attend the hearing on Sept. 27. 

 


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