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California Attorney General Jerry Brown and 20 district attorneys, including Robert Kochly of Contra Costa County, filed a lawsuit against Target Corp. in Alameda County Superior Court last week accusing the retailer of illegally dumping hazardous waste in local landfills.
“Target has shown a willful disregard for California’s hazardous waste laws by dumping flammable liquids and toxic chemicals in local landfills over a period of eight years,” Brown said in a statement.
The suit, which also accuses Target of violating unfair competition laws, seeks to block the retailer from continuing to dump hazardous waste in local landfills.
“If successful, this lawsuit would force Target to comply with state laws governing the lawful handling and disposal of toxic and corrosive waste,” Brown said.
Other Bay Area district attorneys participating in the suit are Tom Orloff of Alameda County; James Fox of San Mateo County; Dolores Carr of Santa Clara County; Dean Flippo of Monterey County; and David Paulson of Solano County.
Target spokesman Bethany Zucco said the retailer is “very disappointed” that the lawsuit was filed.
“Target is strongly committed to protecting the health and safety of our guests, team members and communities as well as to maintaining compliance with all applicable environmental laws,” Zucco said in a prepared statement.
“We have been participating in a cooperative and constructive dialogue on this topic with the attorney general and a number of district attorneys for almost three years, including providing access to our stores and distribution centers in an effort to resolve this issue.”
“We continue to believe that further review of our practices will lead to the conclusion that our program not only meets but surpasses the requirements of California law.
“The attorney general is seeking to prevent Target from donating products – such as detergent, shampoo and hair spray – to local charitable organizations in need of these resources. We are disappointed that the relief sought in the complaint would unnecessarily reduce our support of those members of our communities most in need and would require Target to send useful products to landfills.
“We hope to continue the donation program as part of our long-standing commitment to communities.”
Separately, Brown and the Riverside, Ventura and San Joaquin County district attorneys said they have reached a settlement with Kmart over similar claims, requiring the company to stop disposing toxic substances in landfills and pay more than $8.65 million in civil penalties, costs and funding for projects to improve environmental protection in California.
Brown contrasted Kmart with Target and said, “Kmart has cooperated, agreed to live up to its obligations under the law and will train its employees to properly handle and dispose of hazardous waste.”
According to Brown’s office, Target operates more than 200 retail stores and seven distribution centers in California and carries and handles hundreds of items with hazardous properties, including bleach, paints, pesticides, aerosol products, oven cleaners and automotive products.
The lawsuit alleges that since 2001, local environmental health inspectors have served Target with more than 300 notices of violation for breaking California’s hazardous waste control laws.
In March 2006, the Attorney General’s Office launched an investigation into Target’s practices in conjunction with district attorneys throughout the state after local store inspections revealed ongoing violations.
The suit alleges that two of the violations occurred last month when two Target stores in Alameda County sent flammable aerosol canisters, propane canisters, light bulbs containing mercury, corrosive spray cleaners and medical waste to local landfills not authorized to receive such waste.
According to Brown’s office, the joint investigation found that Target stores across California illegally dumped thousands of pounds of hazardous waste in local landfills.
The lawsuit seeks to require Target to immediately comply with California law and start using a licensed hazardous waste hauler to pick up the waste and transport it to a hazardous waste disposal facility.
It also seeks up to $25,000 in penalties for each violation.
Evan Westrup, a spokesman for Brown, said the main reason the lawsuit was filed in Alameda County because “that was the choice that was made by the prosecution team.”
Westrup said another reason is that some of the Target stores that are named in the complaint are located in Alameda County.
