Kettleman Hills Hazardous Waste Facility
The facility manager, Bob Henry, pointed out in a 2007 newspaper interview that it is periodically inspected by as many as nine federal, state, and local agencies.
"[1] In June 1975 Kings County, CA issued a permit to McKay Trucking for the disposal of oil field wastes in the Kettleman Hills area.
[4] Community opposition and awareness of the facility emerged in the early 1980s; motivated in part by articles published in local newspapers about multimillion-dollar fines levied against Chemical Waste Management, Inc. for violating environmental laws.
[4] Because of its low average socioeconomic standing and 95% Latino population, Kettleman City and the nearby waste disposal site attracted the attention of the environmental justice movement.
The environmental justice advocacy group Greenaction released a statement alleging a possible correlation between the recent high number of birth defects in the region, with 14 cases in 2007-2008, five of which were cleft lip and/or palate, and the presence of the waste disposal facility.
[12] The Kings County's Public Health Officer was skeptical, stating that he understood the community's concern, but believed the birth defects were a "statistical anomaly".
However, the state promised to conduct a wide range investigation into the high number of birth defects as well as into the water quality and the frequency of asthma and cancer.
[10] Not long after the birth defects controversy began, Chemical Waste Management, Inc. applied for a permit to expand the facility, and was met with heavy resistance from the Kettleman City community during the 60-day comment period.
[3] The initial findings of the Cal EPA and the California Department of Public Health (CDPH) were released in community meetings in early 2010.
Greenaction alleged that in light of the inconclusive and possibly flawed birth defect report, the approval of Chemical Waste Management, Inc.'s expansion permit violated the CEQA and state civil rights laws.
[14] That same week, California Senator Barbara Boxer issued a statement saying that "the Kettleman Hills Hazardous Waste Facility should not be expanded until there is more conclusive results on the potential health impacts on the local community.
"[15] Within a week of the lawsuit, Governor Schwarzenegger ordered the Cal EPA and the CDPH to launch a full investigation into the correlation between the disposal facility and the health issues experienced by the residents of Kettleman City.
[19] On May 21, 2014, the DTSC issued a final permit approving the company's planned expansion to allow an additional 5.2 million metric tons of capacity.
[20] [21] [22] Appeals of the permit issuance were filed by Greenaction together with People for Clean Air and Water of Kettleman City and by the Center for Race, Poverty and the Environment.
Bradley Angel of Greenaction was quoted as saying that his group would continue to challenge the permit with a lawsuit and by filing administrative civil rights complaints in both state and federal courts.
[27] The “cradle to grave” provision of Subtitle C established a management program which required a strict permitting and control process for the creation and disposal of hazardous waste.
Under this program, treatment, storage and disposal facilities (TSDFs) must meet specific criteria in order to be permitted or be allowed interim status to continue operating while un-permitted.
[28] The Toxic Substances Control Act (TSCA), passed in 1976 worked to regulate the sale and use of chemicals in the U.S, but its primary focus was on polychlorinated biphenyls (PCBs).
Its effects on the Kettleman Hills Hazardous Waste Facility is similar to the RCRA by requiring permitting by the EPA in order to make the requested 14 acre expansion into a site which allows for the dumping of PCBs.
[30] In February 1994, Executive Order 12898 was implemented which addressed issues of minority and low-income groups bearing the burden of disproportionate negative environmental and health effects.
Requirements of the executive order, such as translating documents into the native language of a community have been key issues for groups such as Greenaction in the dispute with the Kettleman Hills Hazardous Waste Facility.
The ensuing negative health and environmental impacts result in a flight of affluent residents to more desirable neighborhoods, subsequently driving land values even lower.
The EPA's July 2009 report followed that two species may be affected by the expansion: the San Joaquin kit fox and the blunt-nosed leopard lizard.
[36][43] In 2007, the surrounding community in Kettleman City voiced their concerns regarding potential health effects in response to Chemical Waste Management's application for a federal permit renewal in the same year.
[36] The Kings County Department of Public Health stated that it would continue its investigation but that their preliminary determination was "that to the extent that a cluster may exist, it is most likely a random event unrelated to any environmental exposure unique to Kettleman City.
[36] The CDPH investigated a total of 11 eligible children born with major, structural birth defects between 2007 and March 31, 2010 to mothers who had lived in the Kettleman City area during their pregnancies.
Through a mixed-methods approach consisting of interviews and supplementary medical history reports the CDPH did not find a specific cause or environmental exposure among the mother that would explain the increase in the number of children born with birth defects.
[47] Bradley Angel of Greenaction in Kettleman City argues that the investigation was not thorough enough, neglecting to test blood and tissue samples of those affected.
