Archive | July, 2013

EXIDE VERNON BREAKING NEWS: SCAQMD permit hearing for Exide, as well as Community Forum/Town Hall meeting to discuss health risks from Exide smelter to be held tomorrow, July 31


The South Coast Air Quality Management District will hold a permit hearing for Exide beginning at 9 a.m. PST, tomorrow, Wed., July 31, at its headquarters in Diamond Bar, CA. Exide’s Vernon, CA,  lead smelter, which was temporarily closed in April by the California Department of Toxic Substances Control because of arsenic emissions, has been […]

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EXIDE BANKRUPTCY UPDATE: Copy available of court-approved Final Order for Exide’s DIP Loan; Hearing transcript not available “remotely” until late October


Click here to read PDF of approved Final Order for Exide’s $500 million DIP loan, etc.   According to this notice, a transcript of the hearing is available now only by going to the country clerk’s office in Delaware. “Electronic Remote Access” to the transcript will not be available until Oct. 24, 2013, unless extended by […]

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BREAKING NEWS: Judge gives bankrupt Exide final approval for $500M DIP loan despite objections from City of Frisco, TCEQ, 10 states, EPA, Department of Justice due to concerns that city, state and U.S. taxpayers will be left to pay for cleanup of toxic contamination at Exide facilities; Frisco cleanup costs now range between $15 million and $130 million; How will Exide deal with its environmental liabilities in this second bankruptcy?

Exide - Who Will Pay for Cleanup?

  Exide received final Bankruptcy Court approval today of its $500 million debtor-in-possession (DIP) financing provided by JPM Chase and a group of lenders to whom the DIP financing was syndicated. This final approval came in spite of objections filed by entities ranging from the City of Frisco, the TCEQ, environmental agencies from California, Florida, […]

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BREAKING NEWS: After Frisco advocacy group raises concerns about toxic contamination found in and near Stewart Creek and impact on proposed Grand Park plans, City decides to take in public concerns, input

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FRISCO ENTERPRISE Frisco to take public input on Stewart Creek cleanup The city of Frisco will hold public input meetings prior to the remediation of Stewart Creek. Battery chips and potentially hazardous materials were recently found near the creek in several areas in the city. Photo by Kelsey Kruzich. By Anthony Tosie,, @anthonytosie on Twitter Published: Friday, […]

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BREAKING NEWS: U.S. Department of Justice/EPA, joined by 10 states, oppose final approval of Exide’s $500M DIP loan because of inflexibility of credit facility’s budget that could leave taxpayers to clean up contamination from environmental, other disaster; follows TCEQ’s challenge to loan giving priority to lenders over environmental obligations


“The debtor may contend that its hands are tied from acting even in the event of a catastrophic event or emergency because it has no authority to spend cash collateral under an approved budget and there was not sufficient time to obtain such approval from the lenders,” the motion filed in the U.S. Bankruptcy Court […]

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Findings and photos from EPA’s 2009 on-site inspection of Frisco’s Exide lead smelter note crystallized substance that tested high for metals and plant-generated debris such as battery coverings, chips found along Stewart Creek

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From December 14-18, 2009, a team of EPA inspectors conducted a multimedia compliance evaluation inspection of Exide Techonologies lead smelter in Frisco to evaluate the facility’s status with the: Resource Conversation Recovery Act (RCRA) Clean Water Act (CWA), the Clean Air Act (CAA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) The final report […]

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Toxins contamination found in and along Stewart Creek near Exide Frisco lead smelter site



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MEDIA ROUND-UP: Stewart Creek/area outside Frisco Exide lead smelter polluted with lead, cadmium, arsenic, TCEQ 2011 reports show; Frisco’s plans have shown Creek flowing into proposed Grand Park pools, ponds, lake for some time; Creek is Lake Lewisville tributary, feeds area water supply


TO SEE PHOTOS OF TAKEN BY TCEQ OF STEWART CREEK INSIDE THE EXIDE LEAD SMELTER PROPERTY CLICK HERE Grand Park is mentioned several times in the City of Frisco’s Comprehensive Plan, which was last updated in 2006. From Frisco’s Comprehensive Plan’s Introduction to the Land Use Strategy (Chapter 4): “The right of a municipality to […]

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FRISCO UPDATE: Frisco to receive $1.5 million from Texas battery fund to apply to cleanup of contaminated land surrounding Exide lead smelter


DALLAS MORNING NEWS Frisco to tap state fund for its share of Exide cleanup Vernon Bryant/Staff Photographer Crews dismantle a smokestack in May at Exide Technologies’ Frisco plant. By VALERIE WIGGLESWORTH Staff Writer Published: 08 July 2013 10:33 PM Updated: 09 July 2013 07:22 AM After 20 years of trying, the city of Frisco will receive […]

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BREAKING NEWS: City of Frisco joins TCEQ in filing motion to request U.S. bankruptcy judge to ensure that funds are available for cleanup of Exide’s Frisco lead smelter site


DALLAS MORNING NEWS Frisco, state attempt to secure financing for cleanup at Exide site during bankruptcy By Valerie Wigglesworth 1:05 pm on July 6, 2013 The city of Frisco filed a motion in federal bankruptcy court this week that joins the state in its efforts to secure funding for environmental cleanup at the closed Exide […]

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BREAKING NEWS: TCEQ files objection to Exide request to keep spending proceeds from debtor-in-possession loan; wants judge to ensure funds secured for environmental cleanup obligations Exide owes Texas


FROM LAW360 (subscription required) Exide Bankruptcy Loan Shirks Enviro Liability, Texas Says By Jeremy Heallen Law360, Houston (July 03, 2013, 8:08 PM ET) — Texas regulators urged a Delaware bankruptcy judge to prevent troubled battery maker Exide Technologies Inc. from continuing to spend proceeds from a $500 million postpetition loan until funds are secured for environmental cleanup […]

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BREAKING NEWS: EXIDE VERNON – With conditions, court grants preliminary injunction for operations temporarily until administrative hearings can be scheduled for continuation, completion


With conditions, the Los Angeles Superior Court yesterday granted Exide a preliminary injunction, allowing the company to temporarily continue operations at its troubled Vernon, CA, lead smelter until administrative hearings before Administrative Law Judge Julie Cabos-Owen can be scheduled for continuation and completion. The court granted the preliminary injunction under the conditions that the company […]

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EXIDE VERNON UPDATE: LA County Supervisors join debate about whether Exide plant should continue to operate; directs lawyers to prepare report identifying all available legal, administrative options to prevent toxic emissions from plant; South Coast AQMD orders Exide to report on ways to reduce toxic risk by Sept. 1


CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL EXIDE VERNON FACTS -UPDATED   A report by Exide to the AQMD calculated a maximum individual cancer risk of 156 in a million for those working near the facility, which is located in a largely industrial area. That risk is far above the agency’s public threshold of 10 in […]

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