NORTHERN CALIFORNIA – Lake is amongst 55 California counties that will receive a financial award as the result of a settlement this week in a lawsuit against Rite Aid.
On Tuesday San Joaquin County Superior Court Judge Linda L. Lofthus ordered Rite Aid Corp. to pay more than $12.3 million to settle a civil lawsuit alleging that some 600 California Rite Aid stores unlawfully handled and disposed of hazardous materials.
Lake County District Attorney Don Anderson said the county will receive around $3,500. It has one Rite Aid store, located in Clearlake.
In neighboring Mendocino County, where there are four stores, District Attorney David Eyster reported that Rite Aid will pay $8,000 in civil penalties to the Mendocino County’s Environmental Health Division and a matching $8,000 in civil penalties to the District Attorney’s Office. The district attorney’s funds are earmarked for use in the enforcement of consumer protection laws.
“I applaud our environmental investigators and prosecutors working locally and across the state for their ongoing and deep commitment to keeping our communities healthy and for holding violators accountable for crimes against the environment,” Eyster said.
The judgment marks the culmination of a joint environmental protection lawsuit filed earlier this month in Stockton.
The suit originally was filed by the district attorneys of Los Angeles, San Joaquin and Riverside counties, which later were joined by two city attorneys and 52 California district attorneys – Lake and Mendocino – behalf of their cities and counties, respectively.
The case originated from an investigation by several local environmental health agencies acting independently in different counties during the fall of 2009.
The investigation expanded when prosecutors, investigators and environmental regulators statewide came together to conduct a series of waste inspections at Rite Aid facilities and at landfills throughout California.
The inspections revealed that during a six-and-a-half year period Rite Aid transported hazardous waste, disposing of it in local landfills.
The hazardous products allegedly discarded included pesticides, bleach, paint, aerosols, automotive products and solvents, pharmaceutical and bio hazardous wastes and other toxic, ignitable and corrosive materials.
Under the final judgment, Rite Aid must pay $10.35 million in civil penalties and costs. Additionally, the Camp Hill, Pennsylvania-based company must fund several environmental projects that further consumer protection and environmental enforcement in California.
Rite Aid is now bound under the terms of a permanent injunction prohibiting the retailer from committing future violations.
Throughout the course of the environmental prosecution, Rite Aid has cooperated with prosecutors and investigators, and has to adopted enhanced policies and procedures designed to eliminate the disposal of hazardous waste products in California.
Moving forward, stores will be required to retain their hazardous waste in segregated, labeled containers so as to minimize the risk of exposure to employees and customers and to ensure that incompatible wastes do not combine to cause dangerous chemical reactions.
California Rite Aid stores now work with state-registered haulers to document, collect and properly dispose of hazardous waste produced through damage, spills and returns.
Rite Aid also has implemented a computerized scanning system and other environmental training to manage its waste.