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Environmental Law
Hazardous Waste Disposal

State of California v. Charles Macquiddy

Published: Apr. 22, 2022 | Result Date: Mar. 30, 2022 | Filing Date: Mar. 18, 2022 |

Case number: 56-2022-00563879-CU-MC-VTA Settlement –  $15,000

Judge

Matthew P. Guasco

Court

Ventura County Superior Court


Attorneys

Plaintiff

Karen L. Wold
(Office of the Ventura County District Attorney)


Defendant

Rex P. Sofonio
(Sofonio & Associates)


Facts

Charles MacQuiddy of Camarillo is the sole proprietor of, and doing business as, Chuck's Custom Painting. In 2018, MacQuiddy was assessed civil penalties and a permanent injunction for exceeding the allowable hazardous waste accumulation limits. The penalties assessed were for 3,250 pounds of ignitable and paint-related hazardous waste that were found stored in Chuck's Custom Painting. The 2018 permanent injunction required MacQuiddy to comply with all provisions of the California Hazardous Waste Control law in the future. Then, between 2020 and 2021, a citizen complaint was made against MacQuiddy, and the Ventura District Attorney's Office Consumer and Environmental Protection Unit performed four hazardous waste audits of his trash. During those audits, the Unit found unlawfully disposed paint and other related hazardous waste.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff, the Ventura County District Attorney's Office, representing the people, contended that defendant MacQuiddy failed to comply with the 2018 permanent injunction in that he illegally disposed hazardous waste in violation of the California Hazardous Waste Control law.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

A settlement of $15,000, comprising of $5,361 in civil penalties, $4,134 investigative costs, and $5,504 in cost recovery to the Ventura County Environmental Health Division, was agreed to between the parties. Furthermore, injunctive terms in the settlement required MacQuiddy's business, Chuck's Custom Painting, to comply with applicable laws regarding proper hazardous wastes disposal.


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