The People of the State of California v. Kmart Corporation
Published: Aug. 29, 2009 | Result Date: May 6, 2009 | Filing Date: Jan. 1, 1900 |Case number: 56-2009-00344058-CU-MC-VTA Settlement – $8,650,000
Court
Ventura Superior
Attorneys
Plaintiff
Stephanie B. Weissman
(Office of the San Bernardino District Attorney)
Mitchell F. Disney
(Office of the Ventura District Attorney)
David J. Irey
(Office of the Yolo County District Attorney)
Defendant
Facts
In 2005, the Riverside County District Attorney's Office and the California Attorney General's Office began an investigation into defendant Kmart Corporation's handling of hazardous waste. Plaintiff People of the State of California sued Kmart alleging violations of the Hazardous Waste Control Law, the Hazardous Material Release Response Plans and Inventory Act, and the Unfair Competition Laws.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Kmart delivered hazardous waste to landfills, and did not properly train employees on handling procedures. Further, Kmart failed to report the hazardous materials as required.
Damages
Plaintiff sought injunctive relief and civil penalties.
Result
The parties entered into a stipulated judgment whereby Kmart, without admitting negligence, agreed to pay $8,650,000 in civil penalties, restitution, supplemental environmental projects and costs.
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