Pep Boys to pay $3.7M in Bay Area settlement
DA alleges state environmental protection laws were violated
OAKLAND » Pep Boys has agreed to pay $3.7 million to settle a lawsuit alleging the company illegally dumped hazardous waste.
Pep Boys, an auto parts and service retailer, was accused of violating state environmental laws regarding hazardous waste. Alameda County District Attorney Nancy O’Malley alleged the company illegally dumped automotive fluids, used motor oil and other waste into company bins destined for the landfill.
The lawsuit filed against the company also alleged that Pep Boys didn’t properly shred customer information containing confidential records, before dumping them in the trash.
“When businesses like this one illegally dispose of toxic waste, they pollute our natural resources. Substances like motor oil and automotive fluids leach into the soil and the groundwater. They make their way into streams, and eventually the San Francisco Bay, poisoning wildlife, sea life alike,” O’Malley said in a statement.
Pep Boys has 151 retail stores and centers, including in Alameda County, such as those in San Leandro and Union City. In San Mateo County, whose district attorney also joined in the investigation and lawsuit, there’s a store in San Carlos.
The Alameda County District Attorney’s Office Environmental Protection Unit led the investigation, which ran from April 2014 through November 2017. Inspectors from Alameda County, as well as those from other district attorneys offices statewide, conducted undercover inspections of trash bins in 19 different Pep Boys facilities.
Other district attorneys’ offices besides Alameda and San Mateo counties that took part include Yolo, San Joaquin, Kern, Orange, San Bernardino, San Diego and Ventura counties.
The undercover operations found a number of examples of illegal dumping, including car fluids, batteries, aerosol cans, electronic devices, used oil and other waste, according to the district attorney. The stores are required to manage their hazardous waste in separate labeled containers to minimize the risk of exposure to both employees and customers. Hazardous waste produced by Pep Boys is collected by stateregistered trash haulers, and taken to proper disposal facilities, the district attorney said.
Of the $3.7 million that Pep Boys agreed to pay in the settlement, $1.8 million will go toward civil penalties, $425,000 to reimburse investigation costs and $260,000 for supplemental environmental projects. Pep Boys could get a $1.2 million credit if it takes on at least $2.4 million in environmental enhancement work not required by law.
The company also will have to undergo a trash audit to make sure the hazardous waste and customer information are properly disposed of; the result of the audit will have to be shared publicly.
This is O’Malley’s latest undertaking of environmental-related hazardous materials lawsuits filed and investigated partly by her office. In June, her office announced an $11 million statewide settlement with AutoZone, and in November 2016 a $9.86 million settlement with O’Reilly’s Auto Parts.