Facts

DISH Network provides satellite video services to residential and business customers in California. The company manages large volumes of electronic equipment, such as remote controls, transformers, and power adapters, batteries, aerosol cans, and other items classified as hazardous waste. The People of California by and through Attorney General Rob Bonta and District Attorney for Alameda County Nancy O'Malley brought suit against DISH for alleged violations of the Hazardous Waste Control Law and Unfair Competition Law.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that since 2005 DISH violated California's environmental laws and regulations by illegally disposing of hazardous waste and sending the waste to local landfills that are ill equipped to receive this type of waste. Plaintiff further alleged that audits of DISH facilities over multiple years found that DISH repeatedly disposed of hazardous objects, such as satellite dishes, aerosol cans, splitters, and batteries, in trash bins destined for municipal landfills in violation of the Hazardous Waste Control Law and Unfair Competition Law.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

$5.5 million settlement with $3.32 million in penalties, $835,500 in litigation costs, and $845,000 for supplemental environmental projects to benefit the community. DISH must also spend $500,000 to implement enhanced environmental compliance measures to ensure proper management of hazardous waste, train its employees in the proper waste management procedures, and hire an independent third-party auditor to perform compliance audits of DISH's 25 California facilities.

Other Information

DISH gave the following statement: DISH became aware of this in 2012 and immediately conducted an internal review, implemented additional protocols and worked with the state of California to ensure it was in compliance with regulations. DISH has been compliant since the end of 2012. While these issues have been addressed for years, DISH is pleased to have reached a settlement with the state, particularly one that recognizes DISH's many waste training and management actions that go above-and-beyond the state legal requirements.