Athletics Investment Group v. Dept. of Toxic Substances Control

BACKGROUND

A. Metal-Shredder Waste Schnitzer has shredded and recycled tens of millions of tons of scrap metal over the years. Its shredding and recycling process extracts and separates, from the arriving stream of junked cars and other waste, ferrous and nonferrous metals and other recyclable materials. What remains after recyclables are removed is a mix of metal, plastic, rubber, glass, foam, fabric, carpet, wood, residual automobile fluid, dirt, and other debris. This residue contains lead, cadmium, copper, zinc and polychlorinated biphenyls (PCBs) at levels exceeding California’s hazardous waste thresholds. Schnitzer treats the residue by mixing it with silicates, water, and cement and then curing it. This treated waste still exceeds hazardous thresholds for zinc, lead, and copper, but the process of chemical stabilization reduces the mobility of the heavy metals in the treated waste, leading the Department to classify the material as nonhazardous and issue an (f) letter. The chemically-treated metal-shredder residue, also called treated metal-shredder waste, is then transported to landfills for disposal. Schnitzer trucks its treated metal-shredder waste to ordinary municipal…