Kelly-Moore Paint Company agreed to pay a $1.43 million settlement to resolve claims brought by 10 Northern California district attorneys led by San Mateo County’s District Attorney (DA) Stephen Wagstaffe over hazardous waste law violations.
According to the lawsuit filed, the San Carlos-based Kelly-Moore paint company regularly and illegally dumped paint, aerosol products, electronic devices, and other hazardous waste into the company's waste bins. The municipal landfills, where the bins were sent, are not authorized to accept hazardous waste. It further claimed that the company did not shred customer records containing confidential information before disposal. The lawsuit was filed by Wagstaffe and the DA’s from Alameda, Contra Costa, Monterey, Placer, San Francisco, San Joaquin, Santa Clara, Sonoma, and Yolo counties.
An investigation was initiated by the California Department of Toxic Substance Control (DTSC), which included a series of undercover inspections of waste bins at 29 different Kelly-Moore locations between March 2016 through December 2018, as per a statement released by Wagstaffe.
The company also agreed to cooperate when they were informed about the unlawful disposals and implemented measures and dedicated additional resources for environmental compliance at its stores.
The settlement was announced in the early weeks of September by the DA. It also requires the company to appoint a compliance officer who will monitor the hazardous waste compliance program and perform waste disposal audits.
