Walmart Agrees to Pay $7.5 Million to Resolve Hazardous Waste Charges

Walmart has agreed to pay $7.5 million to resolve a lawsuit brought by California officials accusing the company of illegally disposing of hazardous waste across landfills throughout the state.

The 2021 lawsuit stems from an investigation in which the state conducted 70 inspections from 2015 to 2021 of waste that Walmart stores sent 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.

According to California Attorney General Rob Bonta, the unlawful disposals are alleged to violate the Hazardous Waste Control Law, Medical Waste Management Act and Unfair Competition Law.

As a result, 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 joined the attorney general’s office in filing the 2021 lawsuit.

What the Settlement Says

The retail giant is expected to pay $4.3 million in civil penalties and $3.2 million in reimbursements as part of the settlement, pending approval by an Alameda County Superior Court judge.

The settlement, announced by Bonta, also mandates that Walmart employ a third-party auditor to conduct three annual waste audits at its facilities in California for the next four years. The results will be shared with state officials, including the Attorney General’s office and various district attorneys.

“The illegal disposal and mismanagement of hazardous waste by employees pose serious risks to the environment, public health, and worker safety,” said Orange County District Attorney Todd Spitzer. “We will continue to work with our prosecution partners around the state to protect the public by holding businesses such as Walmart accountable for its violations of environmental law.”

Walmart’s Response

In addition to the fines, Walmart has committed to maintaining its existing hazardous waste management program and making modifications necessary to comply with changes in California’s Hazardous Waste Control Law.

“The fact that the settlement agreement requires Walmart to ‘maintain’ our pre-existing waste compliance program is a testament to the strength of the compliance program we have built, and the settlement agreement itself recognizes that Walmart’s program is extremely effective at keeping allegedly hazardous waste out of public landfills,” Walmart said in a statement.

Walmart’s History

The settlement comes after Walmart has had similar cases spanning more than a decade, including a $25 million settlement in 2010 for similar violations and an $81 million settlement in 2013 for federal charges in which the company pleaded guilty to six federal misdemeanors of negligently discharging a pollutant into drains in 16 California counties.

In addition, Walmart paid $1.25 million to Missouri in 2012 to settle a similar lawsuit.

This article includes reporting from The Associated Press.