Liquid Chemical Corp. v. Department of Health Services

We are called upon to determine the propriety of an enforcement action taken by the State of California acting through its Department of Health Services (DHS) under provisions of the California Hazardous Waste Control Act (HWCA) which took effect on January 1, 1987. Specifically, appellants, Liquid Chemical Corporation (LCC) and Donald Garrett, claim DHS lacked jurisdiction because rules and regulations applied against them were not lawfully adopted and/or appellants’ materials in question are not “hazardous waste.” Garrett additionally contends that he should not be personally liable. We reject each of these claims and affirm the superior court judgment.

Factual and Procedural Background

LCC’s facility is located in an industrial park a few miles south of Han-ford, California. The site contains six surface impoundments (storage ponds), digesters, a granulator, office space, drum storage, storage bins and unused land. LCC is in the business of manufacturing liquid and granular micronutrient fertilizer.

Garrett’s educational background includes a doctorate in chemical engineering. He has been president of LCC since 1980 when he bought out the corporate shares held by…