EXIDE FRISCO BREAKING NEWS: TCEQ approves $2.45 million penalty against long-time serial polluter Exide for numerous hazardous waste violations at its contaminated and now closed Frisco lead smelter

This aerial photo from Exide’s Frisco facility earlier this month shows the crystallization unit on the left, a stormwater retention pond at the top and a wastewater treatment building on the pad on the right. Most of the other buildings used in the lead smelting and battery recycling operation have been torn down. Running through the middle of the photo is Stewart Creek, which carried contamination from the plant downstream for decades. Cleanup of the contaminated area is still in the works. (Photo by G.J. McCarthy/The Dallas Morning News)

This aerial shows what’s left of many of the buildings that were dismantled at Exide Technologies’ operations in Frisco.

The Texas Commission on Environmental Quality on Wednesday approved a $2,451,984 penalty against Exide Technologies for violations at its Frisco plant.

The commission voted 2-0 for the agreed enforcement order that not only penalizes the company for hazardous waste violations but also sets the course for some of the cleanup at the contaminated site. The third commissioner, Zak Covar, recused himself from voting as he previously worked as TCEQ’s executive director and was involved with this enforcement case.

As part of the agreement, Exide will be required to post financial assurance of $1.8 million for the estimated closure and post-closure monitoring of the Class 2 landfill. The landfill will be contained on site. The alternative, supported by some Frisco residents, called for digging up the hazardous waste that was not permitted to be disposed in the landfill and hauling it off to an approved facility. Click here for the most recent news story.

The agreement must still be approved by the U.S. bankruptcy court, which is overseeing Exide’s Chapter 11 case. Last month, the court approved Exide’s plan for reorganization. Once certain steps are taken, the company will be able to emerge from bankruptcy.

According to Exide’s filing in court, $150,000 of the TCEQ penalty will be considered a post-petition administrative expense of the bankruptcy estate and will be paid in full within 30 days of the allowed claim date. The remaining $2.3 million will become a general unsecured claim as part of the bankruptcy case that will join all the company’s other unsecured claims. It’s unclear how much of that fine Exide will ultimately pay.

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