Calif. Sues Walmart, Alleging Illegal Dumping of Hazardous Waste
A lawsuit filed against Walmart by California Attorney General Rob Bonta (D), the California Department of Toxic Substances Control (DTSC) and 12 state district attorneys alleges Walmart illegally disposed of hazardous waste, including e-waste and alkaline and lithium batteries, in the state for the past six years.
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Walmart disposed of hazardous waste products at local landfills not equipped or authorized to receive them, alleged the lawsuit in Alameda County Superior Court in Oakland Monday. Bonta’s office also cited the dumping of insect sprays, cleaning supplies, latex paints and LED bulbs, plus “confidential customer information.”
Using results from Walmart inspections, the California DOJ estimates the retailer unlawfully disposes of about 159,600 pounds -- more than 1 million items -- of hazardous waste in California each year. Discarded hazardous waste “may seep into the state’s drinking water as toxic pollutants or into the air as dangerous gases,” said Bonta. “When one person throws out a battery or half-empty hairspray bottle, we may think that it's no big deal. But when we’re talking about tens of thousands of batteries, cleaning supplies, and other hazardous waste, the impact to our environment and our communities can be huge.”
Alameda County District Attorney Nancy O’Malley called Walmart “a repeat offender of California’s hazardous waste laws and this case underscores the importance of dedicating prosecutorial resources to the protection of our environment.” Violations of California’s hazardous waste laws “endanger workers and the integrity of our landfills and groundwater," said Monterey County District Attorney Jeannine Pacioni. “The illegal dumping and disposal of hazardous materials adversely impacts every member of our community and causes irreparable harm,” said San Joaquin County District Attorney Tori Salazar.
In 2010, the California Attorney General’s Office reached a $25 million settlement against Walmart for illegally disposing of hazardous waste, said Bonta. Despite the injunctive terms Walmart agreed to as part of the settlement, inspections beginning in 2015 found Walmart was continuing to operate in California in violation of state laws.
From 2015 to 2021, California investigators did 58 inspections in 13 counties of trash compactors taken from Walmart stores, and in every case, inspectors found “dozens of items classified as hazardous waste, medical waste, and/or customer records with personal information,” Bonta said. Walmart claims its corporate sustainability achievements and past criminal and civil penalty payments fulfill its compliance responsibilities, he said.
The plaintiffs allege Walmart violated the Hazardous Waste Control Law, the Medical Waste Management Act, the Consumer Personal Information Law and the Unfair Competition Law. Walmart didn’t comment Tuesday.