California Attorney General Bonta Announces $7.5 Million Settlement with Walmart for Illegal Disposal of Hazardous Waste and Medical Waste

October 23, 2024 – OAKLAND, CA – California Attorney General Rob Bonta announced a settlement Tuesday with Walmart, resolving allegations that the retail company illegally disposed of hazardous waste and medical waste from its facilities across the state to municipal landfills. As part of the settlement, Walmart will be required to pay $7.5 million in fines and costs and comply with the injunctive terms. Attorney General Bonta is joined by the California Department of Toxic Substances Control (DTSC) and the district attorneys of Alameda, Fresno, Monterey, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Joaquin, Solano, Tulare counties and Yolo on Tuesday Sale.

“Walmart’s illegal disposal of hazardous and medical waste not only violated California laws, but, if left unchecked, posed a threat to human health and the environment. As a result of this investigation and lawsuit, Walmart has taken significant steps to prevent such divestitures from happening in the future. This agreement will ensure that Walmart takes the necessary steps to ensure that its hazardous waste is handled and disposed of as required by law.” said Attorney General Bonta. “At the California Department of Justice, we will continue to hold any entity accountable for violating our environmental laws. I am grateful to the Department of Toxic Substances Control and district attorneys across the state for their partnership in reaching this important settlement.”

“This agreement is the result of DTSC’s strict enforcement of hazardous waste laws designed to protect public health and the environment,” said Katherine M. Butler, MPH, Director of DTSC. “Walmart’s liability for this violation of improper disposal of hazardous waste sends a clear message: all companies must adhere to the environmental laws that protect Californians, without exception. This agreement emphasizes the strength of our law enforcement partnerships at all levels of government and DTSC’s commitment to holding each and every offender accountable.”

“With this agreement, Walmart has demonstrated its understanding of the critical importance of environmental responsibility by taking significant steps to address concerns and ensure compliance with state standards,” said San Joaquin County District Attorney Ron Freitas. “We value your efforts in not only maintaining a cleaner and safer environment for our community, but also in continuing to be a strong partner with our office in the fight against retail theft. Together, we are making progress in safeguarding the environment and the people of San Joaquin County.”

“The illegal disposal of hazardous and medical waste creates an environmental risk and a threat to public health,” said Sacramento County District Attorney Thien Ho. “This case is yet another example of how the District Attorney’s Office and the Attorney General’s Office can work together to protect our environment and ensure environmental laws are followed.

“Poor management of hazardous waste can result in fires and injuries – this judgment will help ensure that retail businesses have appropriate policies and procedures in place to protect the safety of their employees, waste management staff and the public,” said Monterey County District Attorney Jeannine M. Pacioni.

“Large corporations must be held accountable when they fail to follow the law and put the health and safety of Alameda County residents at risk,” said Alameda County District Attorney Pamela Price.. “I commend the active involvement of my office’s Consumer Justice Bureau in this investigation, which helped move this settlement forward and holds Walmart accountable.”

“Protecting the health and safety of people in our community and the environment are our office’s top priorities. Illegal disposal and poor management of hazardous waste by employees pose serious risks to the environment, public health and worker safety,” said Orange County District Attorney Todd Spitzer. “We will continue to work with our prosecutorial partners across the state to protect the public by holding companies like Walmart accountable for their violations of environmental laws.”

“This agreement brings responsibility that helps protect our environment from toxic waste,” said District Attorney Summer Stephan. “These types of investigations and settlements are a reminder to companies that they have a responsibility to be good stewards of our environment.”

The settlement is the result of more than 70 waste audits conducted by district attorneys across the state and the DTSC from 2015 to 2021. During these audits, district attorneys reviewed the contents of waste that Walmart had sent from its facilities to landfills Municipal authorities and found thousands of containers of toxic aerosols and liquid waste, including spray paints, rust removers, bleach, pesticides and medical waste such as over-the-counter medications. Illegal disposals violate the Hazardous Waste Control Law, the Medical Waste Management Law and the Unfair Competition Law.

The settlement resolves the above allegations and requires Walmart to pay $7,500,000 in penalties and civil costs. The settlement also imposes precautionary terms, which require Walmart to hire an independent, third-party auditor to conduct three annual rounds of waste audits at its California facilities over the next four years. Walmart’s auditor must use specific requirements set forth in the agreement to ensure that waste is thoroughly and accurately reviewed and characterized, and audit results must be shared with the Attorney General’s Office, the Department of Substance Control Toxic and the district attorneys involved in the process. this settlement.

A copy of the complaint and proposed stipulated sentence, which details the aforementioned settlement terms and remains subject to court approval, can be found here and here.

Source: CA DOJ