The California Attorney General announced a settlement with Walmart, resolving allegations that the retail corporation unlawfully disposed hazardous waste and medical waste from their facilities statewide to municipal landfills. As part of the settlement, Walmart will be required to pay $7.5 million in penalties and costs and comply with injunctive terms. The Attorney General 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, and Yolo Counties in today’s settlement.
The settlement is the result of over 70 waste audits conducted by the district attorneys’ offices statewide and DTSC from 2015 through 2021. During those audits, the district attorneys’ offices reviewed the contents of waste that Walmart had sent from its facilities to municipal landfills and found thousands of containers of toxic aerosols and liquid wastes including spray paints, rust removers, bleach, pesticides, and medical waste, such as over-the counter drugs. The unlawful disposals are alleged to violate the Hazardous Waste Control Law, Medical Waste Management Act, and Unfair Competition Law.
The settlement resolves the allegations above and requires Walmart to pay $7,500,000 in civil penalties and costs. The settlement also imposes injunctive terms, which require Walmart to hire an independent, third-party auditor to conduct three annual rounds of waste audits at its facilities throughout California during the next four years. Walmart’s auditor must use specific requirements set forth in the settlement to ensure that the waste is thoroughly and accurately reviewed and characterized, and the audit results must be shared with the Attorney General’s Office, the Department of Toxic Substances Control, and the district attorneys involved in this settlement.
A copy of the complaint and proposed stipulated judgment, which details the aforementioned settlement terms and remains subject to court approval, can be found here and here.