Hazmat TSDF, Inc. v. California Department of Toxic Substances Control
Opinion
Trial Court Opinion
I. BACKGROUND
On April 8, 2021, Hazmat filed a petition for writ of mandate in San Bernardino County Superior Court and an ex parte application for a restraining order preventing DTSC from using its Violation Scoring Procedure (VSP) program to revoke or impose restrictions on Hazmat’s permit to accept mixed petroleum and water waste in operation of its hazardous waste transfer, storage, and treatment facility in Rialto,
1 The parties’ unopposed requests for judicial notice are GRANTED. Case 5:22-cv-00843-DSF-SHK Document Filed 07/25/ Page 2 of Page ID #:6975
California. Dkts. 1-1, 13-4 (Kaplan Decl.) ¶ 3. On April 12, 2021, the state court heard Hazmat’s TRO application and DTSC appeared, opposed the request, and agreed not to take action based on Hazmat’s 2019 or 2020 VSP scores until the state court heard a regularly-noticed motion for a preliminary injunction. Id. ¶ 4. The state court then granted Hazmat’s April 16, 2021 motion for preliminary injunction. Id. ¶ 6. The court directed the parties to prepare a proposed order, which the parties negotiated; Hazmat lodged the proposed order on May 25, 2021. Id. ¶¶ 6-7. On July 30, 2021, the state court…