The People of the State of California v. Bridgestone Retail Operations LLC dba Firestone Complete Auto Care
Published: Mar. 4, 2022 | Result Date: Feb. 4, 2022 | Filing Date: Jan. 26, 2022 |Case number: 22CV393917 Settlement – $3,940,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Jeffrey F. Rosen
(Office of the Santa Clara District Attorney)
Bud Porter
(Office of the Santa Clara District Attorney)
Nancy E. O'Malley
(Alameda Count)
Kevin T. Wong
(Office of the Alameda County District Attorney)
Todd A. Spitzer
(Office of the Orange County District Attorney)
William G. Fallon
(Office of the Orange County District Attorney)
Summer S. Stephan
(Office of the San Diego County District Attorney)
William M. McCann
(Office of the San Diego County District Attorney)
Jason M. Anderson
(Office of the San Bernardino County District Attorney)
Diana Becton
(Office of the Contra Costa District Attorney)
Stacey N. Grassini
(Office of the Contra Costa County District Attorney)
Vernon R. Pierson
(Office of the El Dorado County District Attorney)
Jodie L. Jensen
(Office of the El Dorado County District Attorney)
Lisa Ann Sondergaard
(Office of the Fresno County District Attorney)
Adam J. Kook
(Office of the Fresno County District Attorney)
Margaret M. Fleming
(Office of the Humboldt County District Attorney)
Cynthia J. Zimmer
(Office of Kern County District Attorney)
John P. Ohanesian
(Office of Kern County District Attorney)
Keith L. Fagundes
(Office of the Kings County District Attorney)
Jessica B. Brown
(Office of the Los Angeles County City Attorney)
Daniel J. Wright
(Office of the Los Angeles County District Attorney)
Lori E. Frugoli
(Office of the Marin County District Attorney)
Andres H. Perez
(Office of the Marin County District Attorney)
Jeannine M. Pacioni
(Office of the Monterey County District Attorney)
Emily D. Hickok
(Office of the Monterey County District Attorney)
Morgan B. Gire
(Office of the Placer County District Attorney)
Beverly J. Crue
(Office of the Placer County District Attorney)
Michael A. Hestrin
(Office of the Riverside County District Attorney)
Lauren R. Martineau
(Office of the Riverside County District Attorney)
Anne M. Schubert
(Verogen Inc.)
Douglas S. Whaley
(Office of the Sacramento County District Attorney)
Mara W. Elliott
(Office of the San Diego County City Attorney)
Julie Rau
(Office of the San Diego County City Attorney)
Chesa Boudin
(Office of the San Francisco County District Attorney)
Alexandra P. Grayner
(Office of the San Francisco County District Attorney)
Celeste L. Kaisch
(Office of the San Joaquin County District Attorney)
Stephen M. Wagstaffe
(Office of the San Mateo County District Attorney)
John E. Wilson
(Office of the San Mateo County District Attorney)
Joyce E. Dudley
(Office of the Santa Barbara County District Attorney)
Christopher B. Dalbey
(Office of the Santa Barbara County District Attorney)
Krishna A. Abrams
(Office of the Solano County District Attorney)
Diane M. Newman
(Office of the Solano County District Attorney)
Jill R. Ravitch
(Office of the Sonoma County District Attorney)
Caroline B. Fowler
(Office of the Sonoma County District Attorney)
Birgit A. Fladager
(Office of the Stanislaus County District Attorney)
Amy E. Neumann
(Office of the Stanislaus County District Attorney)
Timothy B. Ward
(Office of the Tulare County District Attorney)
Rodney M. Blaco
(Office of the Tulare County District Attorney)
Karen L. Wold
(Office of the Ventura County District Attorney)
Erik A. Nasarenko
(Office of the Ventura County District Attorney)
Jeffery W. Reisig
(Office of the Yolo County District Attorney)
David J. Irey
(Office of the Yolo County District Attorney)
Defendant
Peter W. McGaw
(Buchalter)
Facts
In California, the generation, handling, treatment, storage, transportation and disposal of hazardous wastes is regulated by the Hazardous Waste Control Law (HWCL), codified in two statutory sections: Health and Safety Code Section 25100 et seq. and its implementing regulations found in the California Code of Regulations Section 66260.1 et seq. Companies that accumulate or generate hazardous waste through their operations and send that waste offsite are subject to certain statutory and regulatory requirements. Beginning in 2016, Santa Clara County and the Alameda County District Attorney investigators conducted unannounced inspections of Firestone trash containers. Bridgestone Retail Operations LLC, doing business as Firestone Complete Auto Care, is an automotive repair business in California. Its facilities include general automotive repair and mechanical services including, but not limited to, vehicle inspections, and mechanical work on a vehicle's engine, transmission, cooling and fuel systems, brakes, and essentially most aspects of car repair. The inspections of Firestone's waste containers revealed the unlawful disposal of hazardous waste such as solvents, automotive fluids, aerosols, batteries, and electronic devices, as well as pages of confidential customer records. For the next three years, additional inspections were conducted in San Diego, San Bernardino and Orange counties as well. Several District Attorney and City Attorney offices acting on behalf of the People of California and Bridgestone Retail Operations LLC reached an agreement to settle this civil environmental enforcement action, and judgment was entered in the Superior Court of the State of California, County of Santa Clara on February 4, 2022.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs, the People, alleged that defendant Bridgestone and Firestone did not properly manage hazardous waste such as solvents, automotive fluids, aerosols, batteries, and electronic devices. The also contended that the company failed to redact or shred confidential customer information before throwing the paperwork in the trash.
DEFENDANT'S CONTENTIONS: Defendant Bridgestone and Firestone cooperated with prosecutors during the investigation and took steps to improve its compliance with the environmental and consumer protection violations that were alleged.
Result
Defendant Firestone Complete Auto Care agreed to pay a $3.94 million settlement with 29 cities and counties throughout California. The court ordered $2.865 in civil penalties to be paid by Firestone. In addition to the civil penalties, Firestone was ordered to pay $350,000 for investigation costs, and $725,000 in compliance and training expenditures.
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