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SOUTHERN CALIFORNIA RECORD

Thursday, October 31, 2024

Walmart settles hazardous waste charges filed by California attorney general for $7.5 million

State Court
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Orange County District Attorney Todd Spitzer was one of the parties involved in the Walmart investigation. | Facebook

Walmart has agreed to pay $7.5 million in penalties and costs to settle a civil action filed by the California Attorney General’s Office and county district attorneys alleging the company unlawfully disposed of medical and hazardous waste from stores around the state.

The retailer agreed to pay $4.3 million in civil penalties over the disposal of products such as spray paint, pesticides and medical wastes in municipal landfills, allegedly in violation of state laws governing hazardous waste, medical waste and unfair competition, according to the Attorney General’s Office. Walmart will also pay $3.2 million to state and county agencies to reimburse them for legal and investigative costs, the settlement states.

The retailer did not admit liability or wrongdoing as a result of the settlement, which was negotiated in the wake of more than 70 audits of waste contents that took place from 2015 to 2021.

“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,” Attorney General Rob Bonta said in a prepared statement. “As a result of this investigation and lawsuit, Walmart has taken significant steps to prevent such disposals from happening in the future. This settlement will ensure that Walmart takes the necessary steps to ensure that its hazardous waste is handled and disposed of as required by law.”

The settlement requires the retailer to hire a third-party auditor who will carry out waste audits of its stores over the next four years. Walmart stores around the state, including those in Orange, Riverside, San Bernardino and San Diego counties, will be better scrutinized in terms of their waste-disposal policies, according to the settlement.

In a statement emailed to the Southern California Record, Walmart said it was pleased that the agreement acknowledged the company’s goal of protecting the health and safety of Californians and the state’s environment.

“The fact that the settlement agreement requires Walmart to ‘maintain’ our pre-existing waste compliance program is a testament to the strength of the compliance program we have built, and the settlement agreement itself recognizes that Walmart’s program is extremely effective at keeping allegedly hazardous waste out of public landfills,” the statement said. “We appreciate that the government agencies have recognized that Walmart strives to safeguard both the environment and the people of California.”

Todd Spitzer, the Orange County district attorney whose office took part in the investigation, said the settlement reflected county prosecutors’ priorities.

“The illegal disposal and mismanagement of hazardous waste by employees pose serious risks to the environment, public health and worker safety,” Spitzer said.

Others involved in the investigation said officials would continue to work cooperatively with corporations operating in the state on other key issues, such as retail theft.

The terms of the agreement place restrictions on the public’s access to Walmart’s trash compactor audit reports, which are considered confidential.

“If the people receive a request to inspect or produce Walmart’s trash compactor audit reports …  the people will assert appropriate and lawful objections to production of the records …” the settlement states.

The original court action that led to the settlement was filed in 2021 in Alameda County Superior Court.

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