ENVIRONMENT Kelly-Moore Paint to pay $1.43M fine in illegal dumping settlement

ALAMEDA COUNTY >>

The Kelly-Moore Paint Co. has been ordered to pay $1.43 million after the company was found to be illegally dumping hazardous waste throughout the state, prosecutors announced Monday.

The Alameda County District Attorney’s Office filed the civil prosecution against the company, alleging it violated state hazardous waste laws by routinely dumping paint, electronic devices, aerosol products and other products into company waste bins for landfills not authorized to accept hazardous waste. In addition to Alameda County, the district attorneys of Contra Costa, Santa Clara, San Mateo, San Francisco, Monterey, Placer, San Joaquin, Sonoma and Yolo counties also joined in the lawsuit.

The lawsuit also alleged that Kelly-Moore failed to shred customer records that had confidential information in them before dumping those as well, according to the Alameda District Attorney’s Office.

From March 2016 to December 2018, inspectors from the Alameda District Attorney’s Environmental

Protection Division and other investigators from district attorney offices statewide went undercover, inspecting trash bins at stores throughout California. Kelly-Moore has 106 stores in California, with 29 being inspected by the investigators.

It was during these inspections that investigators found hazardous products being illegally dumped into the trash bins, as well as customer records improperly disposed of, according to the district attorney’s office.

Kelly-Moore cooperated when the company was informed of the unlawful dumping.

Now, stores in California must properly manage hazardous waste and keep their waste separate and labeled to reduce risk to employees and customers.

In addition to the $1.43 million, the settlement includes a requirement that the company hire someone to oversee its hazardous waste compliance program. Kelly-Moore also is required to conduct a trash audit to make sure hazardous waste is properly disposed of, and the results of the audit must be shared with the public.