Hazardous Waste Enforcement: California and Target Agree to Revise Final Judgment/Permanent Injunction on Consent

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The California Attorney General and 24 local government attorneys entered into a settlement with Target Corporation (“Target”) addressing alleged violation of laws associated with the disposal of retail hazardous waste.

The settlement is documented in a Revised Final Judgment and Permanent Injunction on Consent (“Judgment”).

The enforcement action by the California Attorney General and others is stated to resolve alleged violations from 2012 to 2016 and noncompliance with a 2011 Stipulated Judgment. The alleged violations in the 2012 to 2016 time period are stated to have included improper disposal of hazardous waste into landfills. The hazardous waste allegedly included items such as:

  • Electronics
  • Batteries
  • Aerosol cans
  • Compact fluorescent lightbulbs
  • Metal waste (including syringes)
  • Over-the-counter and prescribed pharmaceuticals

Some of the alleged violations in 2012 and 2014 were stated to have been identified through the inspection of Target trash compactors.

The current Judgment includes terms such as:

  • $3.2 million (civil penalty)
  • $300,000 for Supplemental Environmental Projects (including $50,000 to conduct education classes/programs for owners and operators of small businesses located in low income and minority areas in California)
  • Expenditure of at least $3 million to conduct three annual inspections and audits of 12 facilities with reports to the Attorney General and local prosecutors
  • Implementation of a customer trash receptacle inspection and management program
  • $900,000 for attorneys’ fees and costs of investigation enforcement

A copy of the news release can be found here and judgment here.

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