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ATTORNEY GENERAL BONTA ANNOUNCES STATEWIDE LAWSUIT AGAINST WALMART FOR ILLEGAL
DISPOSAL OF HAZARDOUS WASTE

 1. Press Release
 2. Attorney General Bonta Announces Statewide Lawsuit Against W…

Monday, December 20, 2021
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND – California Attorney General Rob Bonta today, joined by the California
Department of Toxic Substances Control (DTSC) and twelve district attorneys,
filed a statewide lawsuit against Walmart for the illegal disposal of hazardous
waste. Over the past six years, Walmart is alleged to have violated California’s
environmental laws and regulations by disposing of hazardous waste products at
local landfills that are not equipped or authorized to receive this type of
waste. The waste includes alkaline and lithium batteries, insect killer sprays
and other pesticides, aerosol cans, toxic cleaning supplies, electronic waste,
latex paints, and LED lightbulbs, as well as confidential customer
information. According to results from Walmart’s own inspections, the California
Department of Justice estimates the company unlawfully disposes of approximately
159,600 pounds – or more than one million items – of hazardous waste in
California each year.

“Walmart’s own audits found that the company is dumping hazardous waste at local
landfills at a rate of more than one million items each year. From there, these
products may seep into the state’s drinking water as toxic pollutants or into
the air as dangerous gases,” said Attorney General Rob 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. This lawsuit should serve as a warning to the state's
worst offenders. We will hold you accountable. As the People’s Attorney, taking
on corporate polluters and protecting public health will always be among my top
priorities.”

“Despite repeated enforcements against Walmart over the past two decades, it
consistently – and knowingly – fails to comply with California’s environmental
protection laws,” said Dr. Meredith Williams, DTSC Director. “DTSC will
vigorously pursue justice in this and all mismanagement of hazardous waste –
particularly by repeat offenders, and most especially in communities forced to
suffer the consequences of industrial pollution, generation after generation.”

“Walmart is 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,” said Alameda County District Attorney Nancy
O’Malley. “The Environmental Protection division of the Alameda County District
Attorney’s Office will continue to make efforts to ensure that any business in
this county found to have violated hazardous waste laws will be investigated,
and, when appropriate, brought to justice.”

“Californians expect and deserve that our laws will be enforced consistently and
against all who violate them, including big business," said Fresno County
District Attorney Lisa Smittcamp. "This cooperative enforcement action
represents a critical first step in putting offenders on notice and holding them
accountable for violations of our environmental protection laws.”

“Violations of California’s hazardous waste laws endanger workers and the
integrity of our landfills and groundwater," said Monterey County District
Attorney Jeannine M. Pacioni. "We are committed to bringing businesses into
compliance with these laws to protect public safety.”

“ Our office was an integral partner alongside other counties and the California
Department of Justice," said San Bernardino County District Attorney Jason
Anderson. "We are committed to ensuring protection of the public and the
environment from violations of hazardous waste laws."

“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 Verber Salazar. “We must hold violators, including retail
conglomerates, accountable to ensure the safety and well-being of our
communities.”

In 2010, the California Attorney General’s Office reached a $25 million
settlement against Walmart for illegally disposing of hazardous waste. Despite
the injunctive terms Walmart agreed to as part of the settlement, inspections
beginning in 2015 found that Walmart was continuing to conduct operations in
California in violation of state laws. 

From 2015 to 2021, California investigators conducted 58 inspections across 13
counties of trash compactors taken from Walmart stores. In each and every single
case, they found dozens of items classified as hazardous waste, medical waste,
and/or customer records with personal information. Yet instead of trying to come
into compliance with the law, Walmart claims that its corporate sustainability
achievements and its past criminal and civil penalty payments fulfill its
compliance responsibilities. 

In the lawsuit, Attorney General Bonta and the district attorneys allege
that Walmart violated the Hazardous Waste Control Law, the Medical Waste
Management Act, the Customer Personal Information Law, and the Unfair
Competition Law.

Attorney General Bonta is joined by the California Department of Toxic
Substances Control and the district attorneys of Alameda, Fresno, Monterey,
Orange, Riverside, Sacramento, San Bernardino, San Diego, San Joaquin, Solano,
Tulare, and Yolo counties in filing the lawsuit.

A copy of the lawsuit is available here.

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