The State Department of Toxic Substances Control Failed to Take Tough Action on Evergreen Oil Re-Refiner

The State Department of Toxic Substances Control (DTSC) has failed to take tough action against the toxic industries that continue to operate after repeated safety violations, like the Evergreen Oil Re-Refinery (Evergreen), and consequently put a community in Northern California in danger. 

On July 16th, Consumer Watchdog sent a letter to the Director of the California Department of Toxic Substances Control, Debbie Raphael, in regards to sending Evergreen a strong message by indefinitely closing the Re-Refinery after a pipe leaked and spewed "superheated oil" and triggered an emergency evacuation on July 6th, in Newark, CA. The surrounding community was warned to expect a wave of "strong odors" from the leak. 

The accident marks the latest in a string of problems at the plant that re-refines used motor oil, including a burst pipe and major fire in March 2011 and repeated citations by the DTSC for safety violations and carelessness.

The letter sent to Ms. Raphael stated Evergreen is among several companies who appear to have manipulated or ignored the DTSC and other agencies to the detriment of concerned and frustrated local residents. 

"Consumer Watchdog is appalled to learn of yet another accident at the Newark-based used oil recycler Evergreen Oil," said Liza Tucker, an advocate at Consumer Watchdog. "We call on the DTSC to shut this refinery down indefinitely. Evergreen needs to know that sloppy safety procedures, and refusal to fix or replace shoddy infrastructure, is simply unacceptable."

The letter sent on July 16th to Director Raphael said in part:

"Your department has repeatedly cited Evergreen Oil for cracks and gaps in waste container storage and transfer areas, failing to track contaminated petroleum waste coming in and out of the facility, careless soil contamination, and omissions in its own inspection system.

"Still, the DTSC fined this company that generates some $36 million in annual revenues less than $60,000 under six separate consent decrees between 2006 and 2011. This practice of accepting promises that Evergreen will police itself, instead of taking the company to court, has been an abject failure. The DTSC has cited the company for failure to follow even its own simple safety procedures.

"At the same time, members of the local community say that for 25 years Evergreen has ignored federal and state laws and polluted their neighborhoods."

The department has a special responsibility to working and middle class families in the small cities where companies produce and recycle toxics including PCBs, dioxin, and heavy metals near homes and schools, Consumer Watchdog said. Too many of these companies have mastered the arts of delay to avoid fixing leaks, improving infrastructure, and following adequate internal safety controls.

"Evergreen Oil has proven repeatedly that it cannot be trusted," said Tucker. "The DTSC and other regulators need to put community safety first and show zero tolerance for such polluters."

Consumer Watchdog has previously described problems at several hazardous waste sites, and also called for reforms at the DTSC to address a lack of transparency, a disconnect between inspection and enforcement, and a preference for weak settlements instead of more aggressive prosecution of serial violators.