Republicbroadcasting | Walmart has agreed to pay $27.6 million to settle a lawsuit over waste-handling violations in stores throughout the state — including improper disposal of hazardous waste in Orange County.
It is one of the largest such settlements in U.S. history, said the San Diego County district attorney’s office.
The lawsuit, filed by San Diego County, the state attorney general and 18 other district attorneys, including Orange County’s, accuses employees at all 236 Walmart stores, Sam’s Club stores, and their distribution and storage centers of improperly handling hazardous waste — in some cases, illegally dumping waste directly down the drain.
The waste included pesticides, chemicals, paint, aerosols, acid, fertilizer and motor oil, said a statement from San Diego County district attorney Bonnie M. Dumanis.
In Orange County, the most significant violation that was part of the case involved Walmart employees spreading large amounts of expired, toxic fertilizer over a 200-foot-long planter to dispose of it, said Orange County Deputy Dist. Atty. William Fallon. The planter was behind a Walmart store in Foothill Ranch, and the employee was caught in 2005.
Tests showed the fertilizer could be toxic to birds, fish and other creatures, presenting an environmental hazard.
“One of the employees who disposed of fertilizer told investigators this was a practice he had done for about a year,” Fallon said.
In other cases, Walmart stores shipped hazardous material to a central location, Fallon said, which amounted to illegally transporting hazardous waste.
Fallon said improper waste handling appeared to be a company-wide practice that included Walmart locations in Orange County, but that Walmart has acted responsibly to correct the problems.
“It’s important to note that these incidents happened at least four years ago,” said Phyllis Harris, who handles Wal-Mart’s environmental affairs. “Since then, we have worked closely with the state of California on a comprehensive hazardous waste plan that includes improved training programs, policies and procedures.”
The investigation began in 2005, when an off-duty San Diego County environmental regulator noticed a Walmart employee dumping bleach down a sink.
In another case, a child was found playing on a mound of fertilizer at a Walmart in Solano County. The yellow, powdery fertilizer contained ammonium sulfate, an eye, skin and respiratory tract irritant.
After investigators spent thousands of hours documenting other violations, the lawsuit was filed April 2.
Walmart agreed to pay $20 million to 2o prosecutors and 32 environmental health agencies throughout the state, more than $1.6 million in investigation costs, $3 million for environmental projects and $3 million to keep stores in compliance with environmental laws