2016 CALIFORNIA DTSC CONSENT AGREEMENT 

In 2016, Apple entered a hazardous waste Consent Agreement with the California EPA over hazardous waste violations at two different Apple facilities in Cupertino and Sunnyvale. The agreement was for at least five years and covered all Apple hazardous waste activities in California. The agreement similarly found that Apple was violating hazardous waste laws under both federal and state laws including many of the same issues at 3250 Scott Blvd including operating without required permits, failing to properly label and mark hazardous waste, and unlawfully transporting hazardous waste without required manifests or records (including unlawfully exporting hazardous waste to other countries). DTSC fined Apple $450,000. 

View the 2016 Complaint, Settlement Agreement, and Announcement. In 2016, Apple's environmental team told Reuters that "This matter involves an oversight in filing paperwork... We've worked... to ensure that going forward we have the proper permits for our current site. As we do with all our facilities, we followed our stringent set of health and safety standards, which go well beyond legal requirements." (See, California EPA says settled with Apple on hazardous waste claims). The Consent Agreement could only be terminated if Apple demonstrated compliance with hazardous waste laws at all of its facilities. At the time Apple was able to obtain a termination of the agreement in 2020, Apple was admittedly in violation of federal hazardous waste laws at 3250 Scott Blvd. If the 2017-2025 RCRA violations had been identified and reported, those violations likely would have prevented the termination of the 2016-2020 California EPA Consent Agreement. 

Please feel free to contact me with any questions or requests for information.

​-Ashley ​

On June 26 2025, US EPA served Apple with a notice of RCRA enforcement action re: Apple's fab at 3250 Scott Blvd, in Santa Clara, California.

Read the notice here.

I filed a complaint about Apple's stupid secret fab with the BAAQMD on July 22 2024. 

On August 29 2024, the California Bay Area Air Quality Management District published a formal notice of violations by Apple Inc of two violations of air pollution laws via their Skunkworks fab at 3250 Scott Blvd.

Then on September 12 2024 (probably after an inspection?) BAAQMD cited Apple for four additional violations - 2-1-301 & 2-1-302 again, and also for "gaseous pollution."

Apple apparently violated regulation 2-1-301 when it built/installed equipment that causes air pollution without first getting permission from BAAQMD; then violated -302 by operating the fab for around eight years without required permits.

Then, Apple also violated 9-7-307.1 by dumping illegal amounts of NOx & CO into our air.

​

I filed a complaint about Apple's stupid secret fab with the BAAQMD on July 22 2024. 

On August 29 2024, the California Bay Area Air Quality Management District published formal notice of violations by Apple Inc of two violations of air pollution laws via their Skunkworks fab at 3250 Scott Blvd.

BAAQMD cited Apple for violating local air regulations 2-1-301 & 2-1-302 with their stupid secret fab.

References: 
Link: BAAQMD Regulation 2, Rule 1 - General Requirements 
Link: BAAQMD Notices of Violation
​

2-1-300 STANDARDS

​2-1-301 Authority to Construct: Any person who, after July, 1972, puts in place, builds, erects, installs, modifies, modernizes, alters or replaces any article, machine, equipment or other contrivance, the use of which may cause, reduce or control the emission of air contaminants, shall first secure written authorization from the APCO in the form of an authority to construct. Routine repairs, maintenance, or cyclic maintenance that includes replacement of components with identical components is not considered to be an alteration, modification or replacement for the purpose of this Section unless the APCO determines the changes to be non-routine. The use or operation of the source shall initiate the start-up period in accordance with Section 2- 1-411. (Amended 3/17/82; 10/19/83; 7/17/91; 5/17/00) 

​2-1-302 Permit to Operate: Before any person, as described in Section 2-1-401, uses or operates any article, machine, equipment or other contrivance, the use of which may cause, reduce or control the emission of air contaminants, such person shall first secure written authorization from the APCO in the form of a permit to operate. ​

On June 21 2024, the US EPA released an enforcement report with 18 exhibits, that confirmed Apple Inc is operating an unpermitted *semiconductor fabrication* facility in one of the busiest and most trafficked areas in the city of Santa Clara, California.

The report, along with Apple's own regulatory filings, confirmed this facility is emitting hazardous waste vapors, fumes, and gases into the outdoor air around the building. The report also confirmed that Apple is engaged in hazardous waste treatment and disposal, including these air emissions, without the permits, records, and monitoring required by federal law.

This nondescript building sits directly across the street from high-density residential apartments (Santa Clara Square), and a variety of commercial buildings including, but not limited to: a Whole Foods grocery store, several restaurants with outdoor patios, and a yoga studio. There is also a school within 1,000 feet, and two public parks within 200 feet of this factory.

Back in February 2023, through my own research, I discovered that Apple was doing silicon fab at the facility. I spent several months researching further, gathering records, speaking with agencies, and drafting a formal complaint. Because of all of the evidence and information I gathered, I was able to successfully trigger a US EPA RCRA Compliance & Enforcement investigation, which then led to at least three on site inspections, as described in the report. US EPA found at least *19* unique violations of RCRA during these inspections.

Semiconductor fab is one of the most dangerous types of manufacturing in history; for the workers inside the plant, and also for the people and environment outside the plant. I became seriously ill while living at the Santa Clara Square apartments several years ago - and the illness was diagnosed by chemical exposure doctors as exposure to industrial chemicals from an unknown source. I went public about it, and additional victims promptly came forward. But the government could not figure out where the chemicals were coming from. Its clear now what the source was.

Its unclear how many people were exposed and injured by Apple's illegal manufacturing operations. I am lobbying for involvement from the Dept of Public Health to investigate the extent of the damage Apple has caused to probably thousands of human lives. There is also a question of harm to environment, and harm to the properties of all of the homes and small businesses surrounding this factory.

I feel very proud and relieved that all of my hard work from 2020 to 2023 investigating the chemical hazards in that area resulted in so much action from the government, and identified such a dangerous situation that required intervention - but there is still a lot of work to be done.

The US EPA RCRA Inspection report and all of its exhibits are available via my Dropbox.

There's also a few social media threads about the report:
- Twitter @ashleygjovik
- Mastodon @ashleygjovik
- BlueSky @ashleygjovik

On March 10 2024, Ashley submitted a community stakeholder interview record to the US EPA and USACE for the Five Year Review process at the Triple Site in Sunnyvale, California.

Read the submission here: ​​https://www.ashleygjovik.com/uploads/1/3/7/0/137008339/us-epa-fyr-triple-site-gjovik-interview-final-full.pdf