DIAMOND BAR - (INT) - The South Coast Air Quality Management District has filed an amendment to its existing civil lawsuit against Exide Technologies, seeking at least $80 million in penalties for dozens of alleged violations involving excess emissions of lead and arsenic.

The SCAQMD filed its original lawsuit against Exide in January 2014. A second amended complaint filed on Feb. 18 sought at least $60 million in penalties.

The third amended complaint filed on May 28 seeks at least $20 million in additional penalties, for a total of at least $80 million, based on Exide’s violations of SCAQMD rules and requirements that govern the storage and transportation of lead-containing materials.

The complaint alleges that Exide violated these rules and requirements by storing and transporting lead-containing material inside leaking van trailers. The complaint specifically alleges that “Exide knew it had stored and transported lead-contaminated plastic chips inside leaking van trailers,” and that Exide was required to disclose these violations to the SCAQMD in the company’s annual compliance certifications.

The complaint further alleges that when Exide certified its annual compliance certifications without disclosing these violations, Exide either knowingly made false statements or “recklessly disregarded the true facts regarding Exide’s compliance.”

Exide admitted to knowingly storing lead-contaminated waste in leaking van trailers at its Vernon facility a significant number of times over the past two decades, in a March 11, 2015 non-prosecution agreement with the U.S. Attorney’s Office in Los Angeles.

In that agreement, Exide also admitted to knowingly and willfully causing the shipment of lead-contaminated waste in leaking van trailers from Exide’s facility in Vernon to Bakersfield a significant number of times over the past two decades.

The SCAQMD filed its 55-page third amended complaint in Los Angeles Superior Court, alleging violations of numerous SCAQMD rules including its Rule 1420.1 governing lead-acid battery recycling plants as well as violations of Exide’s compliance plans. The penalty of at least $80 million is based on state law that authorizes penalties for air pollution violations from $10,000 per day for non-compliance up to $75,000 per day for willful and intentional emissions violations.

No trial date has been set for the SCAQMD’s lawsuit.

Story Date: June 1, 2015