Environment

Civil Penalties and Significant Injunctive Terms Follow the $1.18 Billion Secured for California in Initial Landmark Settlement with Volkswagen

SAN FRANCISCO - Attorney General Kamala D. Harris today announced that, in addition to the historic $14.7 billion settlement with Volkswagen announced last week, the company will also pay California an additional $86 million in civil penalties as part of a second partial settlement over the company’s use of “defeat devices” to evade emissions testing in its diesel vehicles. 

The agreement, which is subject to court approval, represents the largest amount of money recovered by the state of California from an automaker and resolves certain aspects of the California Attorney General’s claims against Volkswagen under California’s Unfair Competition Law as well as the Dodd-Frank Consumer Financial Protection Act of 2010.  Volkswagen will also agree to significant injunctive terms to deter future misconduct, including a new requirement that Volkswagen contractors and employees report to the California Attorney General’s office any request for or use of “defeat devices.”  

Of the $86 million in penalties, the Attorney General will direct $10 million in grants to local government agencies or academic institutions to research and develop technology to detect “defeat devices” and better assess on-road emissions, as well as to monitor, model, and mitigate the environmental and public health impacts of vehicle emissions, especially on children and other vulnerable populations.

“We must conserve and protect our environment for future generations and deliver swift and certain consequences to those who break the law and pollute our air.  Volkswagen tricked consumers seeking to purchase an eco-friendly car by misleading the public about the level of harmful pollutants their so-called ‘clean diesel’ vehicles were emitting,” said Attorney General Harris.  “This additional settlement sends an unequivocal message to Volkswagen and any other automaker that California will aggressively enforce our robust consumer and environmental protection laws.” 

Today’s announcement follows last Tuesday’s joint announcement by California Attorney General Kamala Harris and California Air Resources Board Chair Mary Nichols that California, alongside the U.S. Environmental Protection Agency and U.S. Department of Justice, had negotiated a landmark $14.7 billion settlement with Volkswagen over the software it installed in its diesel cars to trick emissions testing while actually emitting up to 40 times the level of harmful nitrogen oxides allowed under state and federal law. 

As part of that $14.7 billion agreement, Volkswagen agreed to spend an estimated $10 billion to compensate consumers and buy back or modify hundreds of thousands of its polluting cars, pay $2.7 billion into a trust fund for environmental mitigation projects, and spend $2 billion over 10 years on zero-emission technology.  Of the $4.7 billion in mitigation funding and investments, $1.18 billion will come to California ($800 million in zero-emissions technology investments and $380 million for environmental mitigation projects in the state).

The partial settlement announced today relates to Volkswagen’s 2.0 and 3.0 liter vehicles that deployed “defeat devices” to deceive regulators and consumers about levels of harmful emissions.  An estimated 86,000 2.0 and 3.0 liter vehicles were sold or leased in California between 2009 and 2015.  Today’s settlement preserves California’s potential criminal claims and claims for additional civil penalties and injunctive relief under state environmental laws, as well as the Attorney General’s claims for consumer relief and environmental mitigation related to the 3.0 liter vehicles.

In addition to the $86 million in civil penalties, Volkswagen agrees to strict injunctive terms as part of the settlement, including:

• Prohibitions on false and deceptive advertising
• Affirmatively disclosing defeat devices in certification applications and other submissions to the California Air Resources Board (CARB)
• Notifying the California Attorney General’s office and CARB of whistleblower and other complaints
• Requiring Volkswagen contractors and employees who are designing engine control units or engine control software to report to the California Attorney General’s office and to CARB any request for or use of defeat devices, and to keep accurate records of software features and changes that could be used as defeat devices
• Provide the California Attorney General’s office with reports of any violations, along with periodic reports regarding its efforts to implement the injunction and effectiveness of those efforts

The consent decree was filed today in U.S. District Court, Northern District of California and is attached to the online version of this news release at www.oag.ca.gov/news.

SAN FRANCISCO - Attorney General Kamala D. Harris and the California Air Resources Board (CARB) today announced a landmark $14.7 billion national settlement with Volkswagen over allegations that the company violated environmental and consumer protection laws by installing “defeat device” software to bypass emissions controls in its 2.0 liter diesel vehicles.

As part of the national agreement, which is subject to approval by the court, Volkswagen will spend approximately $10 billion to buy back or modify these vehicles, as well as pay $2.7 billion into a trust to support environmental programs and reduce emissions and an additional $2 billion on investments and promotion of zero emissions vehicles.  The agreement preserves the Attorney General’s and CARB’s claims for civil penalties and prospective injunctive relief, as well as their claims related to 3.0 liter diesel vehicles.

In addition to providing consumer relief funding, California will receive $1.18 billion, representing more than one-quarter of the funding VW must provide for environmental projects in states injured by the company's conduct and investments it must make in zero emission technology.

“Our state and national environmental protection laws exist to protect public health and to preserve our planet for future generations.  Volkswagen undermined these objectives by deceiving California consumers and flagrantly violating California environmental and consumer protection laws by manipulating its diesel vehicles to produce false results when undergoing emissions testing,” said Attorney General Kamala Harris. “This landmark agreement not only ensures that consumers who were deceived are fairly compensated, but also requires Volkswagen to make unprecedented investments in protecting our environment and advancing zero emission technology.”

As part of the agreement, VW will offer compensation to those who own or lease a VW or Audi 2.0 liter vehicle as of September 18, 2015.  Owners have the option of having Volkswagen buy back their vehicle or, if approved by CARB and EPA, having VW modify their vehicle to reduce its emissions.  Owners who opt for a buyback or modification will also receive an additional cash payment of at least $5,100.  Some owners may receive as much as $10,000.

In addition to consumer relief and getting polluting cars off the road via the buyback and modification program, which is anticipated to cost Volkswagen over $10 billion, Volkswagen is also required to pay $2.7 billion into a trust to support environmental programs throughout the country to reduce emissions. CARB will receive and direct 14.12%, $380 million, of these trust funds to fund environmental mitigation projects in California.  Volkswagen is also required to buy back, modify, or scrap at least 85% of the subject vehicles nationally and in California, and it is required to pay for additional mitigation projects if it falls short of that requirement.   

Volkswagen must also spend $2 billion over a 10-year period to promote zero emissions vehicles through educational information, research and development, and infrastructure development (such as building charging stations), to further mitigate emissions and help right the market that was manipulated by the false emissions results in Volkswagen diesel vehicles.  Forty percent, or $800 million, of these investments will be made in California, pursuant to investment plans that will be subject to approval by CARB.

“This is a good deal for California’s environment and for California consumers. It will bring over a billion dollars of projects to California to supercharge our expanding zero-emission vehicle market, and fully mitigate the environmental harm to our air as a result of VW’s cheating,” said CARB Chair Mary D. Nichols. “The Consent Decree also recognizes the crucial contribution the dogged engineers in CARB’s testing lab played in exposing the illegal device in the first place – and the exceptionally costly and difficult challenges we face in our fight for cleaner air in a state where tens of millions breathe the most heavily polluted air in the nation.”

Volkswagen programmed software in its diesel cars to achieve lower emissions while undergoing testing, but in normal driving conditions, their cars were emitting up to 40 times more harmful nitrogen oxides than allowed by state and federal law. 

The parties settling claims against Volkswagen in this major agreement include the California Attorney General’s Office, CARB, the U.S. Department of Justice, and the U.S. Environmental Protection Agency (EPA).

California is uniquely affected, not only because of our robust environmental protection laws and CARB’s unique enforcement and regulatory role, but also because our state has the largest number of affected consumers.

In conjunction with the consent decree, the California Attorney General’s office filed a joint complaint with CARB in the Northern District of California this morning.  The complaint is attached to the online version of this news release at www.oag.ca.gov/news.

The agreement is subject to approval by the court following a public comment period.

The agreement is specific to 2.0 liter vehicles and does not include Volkswagen and Audi 3.0 liter vehicles that are alleged to have similar defeat devices installed.  It also preserves the ability of the Attorney General, CARB, and the EPA to seek civil penalties and further injunctive relief.

SAN FRANCISCO - Attorney General Kamala D. Harris today released the following statement, after the bipartisan passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act in the U.S. Congress, reforming the Toxic Substances Control Act of 1976 (TSCA) to limit the number of dangerous chemicals in our environment.

“California leads the nation in protecting our air, water, and public health, and has taken bold steps to guard against the unsafe presence of toxic chemicals in our state. I applaud Congress’ bipartisan effort to update and reform the long-standing Toxic Substances Control Act and thank Senator Barbara Boxer for her advocacy to protect California’s public health and environment.”

The Act significantly expands the number of registered industrial chemicals that are subject to federal regulation. The passage of TSCA in 1976 grandfathered more than 80,000 chemicals available in the U.S., allowing their continued use without the U.S. Environmental Protection Agency (EPA) testing them for their affect on human health and the environment. In the absence of effective federal action, states like California stepped up to fill the void, protecting the public from highly toxic chemicals like flame retardants and emissions from industrial products.

In January, Attorney General Harris and 11 other state Attorneys General sent a letter urging Congress to limit preemption of state authority to regulate harmful chemicals, and noted the complementary roles played by states and the federal government in protecting people from toxic substances. The letter outlined seven key state principles to serve as guidelines for refining the final legislation.

The final version of the TSCA reform legislation eliminates or scales back nearly all the aspects of preemption to which Attorney General Harris and other Attorneys General objected, providing a path for states to continue to innovate, lead, work cooperatively with U.S. EPA and even enact restrictions that are more protective than the federal government’s efforts.

In particular, the final bill reflects five important principles outlined by Attorney General Harris and the coalition of Attorneys General:

• Once EPA has taken action on a chemical, the scope of state law preempted will be no broader than the scope of EPA’s action.  This means that if EPA acts with respect to a chemical based on a cancer risk, for example, states will not be precluded from acting as to that same chemical based on respiratory risk;
• States are not preempted from continuing to establish requirements on chemicals pursuant to longstanding state laws;
• States may continue to enforce existing state chemical restrictions;
• States may retain their role as co-enforcers of EPA regulations, retaining the authority to adopt and enforce identical limitations on chemicals as those adopted by EPA; and
• State laws related to water quality, air quality and waste treatment and disposal are not preempted.

The letter was signed by Attorney General Harris and the Attorneys General of Hawaii, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Oregon, Rhode Island, Vermont and Washington.

Since June 2013, when the most recent legislative push to reform TSCA began, Attorney General Harris has been actively advocating for reform that strengthens EPA’s authority, while also preserving states’ important role.  Attorney General Harris will continue to work with other state Attorneys General and with the U.S. Environmental Protection Agency in its new role to regulate harmful and toxic chemicals.

SANTA BARBARA - Attorney General Kamala D. Harris and Santa Barbara County District Attorney Joyce E. Dudley today announced that Plains All-American Pipeline has been indicted by a grand jury on 46 criminal charges related to the May 2015 oil spill in Santa Barbara County.  A Plains All-American Pipeline employee was also indicted on 3 criminal charges.

On May 19, 2015, a pipeline operated by Plains All-American Pipeline ruptured, releasing into the environment approximately 140,000 gallons of heavy crude oil onto land, beaches, and the Pacific Ocean near Refugio State Beach.  Federal, state and local governments have spent millions of dollars to clean up the spill, which resulted in substantial damage to natural habitats and wildlife over a large area. 

Attorney General Harris partnered with local and state law enforcement agencies to conduct a criminal investigation and jointly prosecute the criminal case with Santa Barbara County District Attorney Dudley. 

“Crimes against our environment must be met with swift action and accountability,” said Attorney General Harris. “The carelessness of Plains All-American harmed hundreds of species and marine life off Refugio Beach. This conduct is criminal and today’s charges serve as a powerful reminder of the consequences that flow from jeopardizing the well-being of our ecosystems and public health.”

On May 16, 2016, a grand jury indicted Plains All-American Pipeline on 46 charges, including 4 felony charges and 42 misdemeanor charges. The company was charged with felony violations of state laws regarding the spilling of oil and hazardous substances into state water.  Both the company and James Buchanan, an employee, were charged with misdemeanor violations for failing to provide timely notice of the oil spill to the Office of Emergency Services.  In addition, the company was indicted on three dozen misdemeanor charges linked to the spill’s impact on birds and mammals.

“This indictment came as a result of many local and state agencies working together to present both inculpatory and exculpatory evidence to a hard-working Santa Barbara Grand Jury,” said District Attorney Dudley.  “The indictment is a response to the evidence presented and speaks to the alleged criminal culpability of both the corporation and an individual who are alleged to have caused harm to Santa Barbara County’s magnificent natural surroundings and death to some of it’s majestic wildlife.”

Plains All-American Pipeline faces up to $2.8 million in fines plus additional costs and penalties.

Attorney General Harris and District Attorney Dudley launched a joint criminal investigation 72 hours after the spill was discovered and in June, Attorney General Harris traveled to the site of the spill and met with command staff leading the cleanup and investigation.  More information is available here: https://oag.ca.gov/news/press-releases/photo-release-attorney-general-kamala-d-harris-tours-oil-spill-clean-refugio.

In 2011, Attorney General Kamala D. Harris joined federal, state, and local officials in securing a comprehensive settlement with the owners and operators of the M/V Cosco Busan over the major 2007 oil spill in the San Francisco Bay.  

SAN FRANCISCO – Attorney General Kamala D. Harris today released a statement on California joining an unprecedented coalition of 17 Attorneys General and Vice President Al Gore to protect and continue America's progress in combatting climate change.

“Climate change has real and lasting impacts on our environment, public health, and the economy,” said Attorney General Kamala D. Harris. “California has been a national leader in fighting to reduce greenhouse gas emissions, and I am proud to join this effort to preserve and protect our natural resources for future generations to come.”

The coalition includes Attorney General Harris and Attorneys General from Connecticut, Delaware, District of Columbia, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, New York, Oregon, Rhode Island, Virginia, Vermont, Washington and the US Virgin Islands.

Attorney General Harris has worked with many in the coalition on previous multi-state environmental efforts, including the ongoing defense of groundbreaking national standards to address power plant greenhouse gas emissions. In November 2015, she joined 17 states, the District of Columbia and several major cities to defend President Obama's Clean Power Plan, which requires existing fossil-fueled power plants to substantially reduce emissions by 2022 and 2030. She also joined with 15 other states and two major cities to defend the Environmental Protection Agency (EPA) in cases challenging the New Source Standards, which limit emissions from new, modified and reconstructed power plants.

Attorney General Harris will continue to fight for smart solutions to remedy the harmful effects of climate change in California. She aggressively fought to protect California's Global Warming Solutions Act of 2006 (AB 32), and is currently defending challenges to the state's Cap-and-Trade auctions and its precedent-setting Low Carbon Fuels Standard. 

SACRAMENTO – Attorney General Kamala D. Harris today released a statement following the U.S. Supreme Court’s order granting a stay of President Obama’s America’s Clean Power Plan, which would limit the amount of greenhouse gases emitted by fossil fuel-fired power plants. 

“I am extremely disappointed by the Supreme Court’s decision today to block President Obama’s Clean Power Plan,” said Attorney General Harris. “The Court’s decision, and the special interests working to undermine this plan, threatens our environment, public health and economy.”

In November 2015, Attorney General Harris joined 17 states, the District of Columbia, and several major cities to intervene in lawsuits filed in opposition to President Obama’s Clean Power Plan and New Source Standards. 

Attorney General Harris has aggressively fought to protect AB 32, California’s Global Warming Solutions Act of 2006, which has served as a global model for reductions in greenhouse gas emissions. The Attorney General’s office has also defended challenges to California’s Cap-and-Trade auctions and its precedent-setting Low Carbon Fuels Standard.  

LOS ANGELES – Attorney General Kamala D. Harris today announced that she has lodged a lawsuit against Southern California Gas Company for violations of California law in connection with a massive methane leak from its Aliso Canyon natural gas storage facility.  In addition to filing suit in her independent capacity as Attorney General, Harris’s lawsuit also includes her client, the California Air Resources Board. The natural gas leak has caused a public health and statewide environmental emergency, which has sickened residents of Porter Ranch and compelled them to relocate.   

The lawsuit alleges that Southern California Gas Company violated state health and safety laws by failing to promptly control the release of the natural gas and report the leak to authorities. In addition, the lawsuit cites the environmental threat the uncontrolled release of more than 80,000 metric tons of methane into the atmosphere poses to California’s efforts to reduce greenhouse gas (“GHG”) emissions and mitigate the pace and effects of climate change.   

“The impact of this unprecedented gas leak is devastating to families in our state, our environment, and our efforts to combat global warming. Southern California Gas Company must be held accountable,” said Attorney General Harris. “This gas leak has caused significant damage to the Porter Ranch community as well as our statewide efforts to reduce greenhouse gas emissions and slow the impacts of climate change. My office will continue to lead this cross-jurisdictional enforcement action to ensure justice and relief for Californians and our environment.” 

Specifically, the lawsuit alleges claims of public nuisance under California Civil Code section 3479 and violations of California’s Unfair Competition Law (Bus. & Prof. Code, § 17200, et seq.), joining the City and County of Los Angeles’ pending claims. Attorney General Harris’s lawsuit also alleges violations of Health and Safety Code sections 41700 (discharge of air contaminants) and 25510 (hazardous materials release reporting); and Government Code section 12607 (impairment of the State’s natural resources). 

The Attorney General seeks relief in the form of injunction, civil penalties, and restitution.

The leak, which was discovered on October 23, 2015, has yet to be abated.  The primary component of the leak is methane, which is the second largest component of GHG emissions in California behind carbon dioxide.  As of January 8, 2016 – eleven weeks after the leak was discovered – it was estimated that cumulative methane emissions amount to more than two million metric tons of carbon dioxide equivalent (approximately two percent of estimated statewide GHG emissions over the same period), and this cumulative total will grow as the leak continues.  

"Attorney General Harris' action today is a significant step in the ongoing effort to hold Southern California Gas accountable, end this public health emergency and assure it never happens again," said Los Angeles City Attorney Mike Feuer, who filed suit against Southern California Gas Company on December 7. 

"This action recognizes the impacts of this ongoing leak on our climate and ensures there’s accountability,” said California Air Resources Board Chair Mary D. Nichols.

Given the critical nature and magnitude of the release, its negative impact on California’s statewide GHG emissions reduction efforts, and the Attorney General’s broad authority to remedy the harms at issue, the Attorney General’s participation in the enforcement action is necessary to ensure that the interests of the people of the State of California are fully represented.

The Attorney General and the California Air Resources Board are in an ideal position to ensure that effective GHG emission mitigation is achieved.  Additionally, the Office of the Attorney General is uniquely situated to coordinate multiple agency claims and represent the interests of those agencies, conserving state resources.  The Attorney General is already serving a crucial coordinating role, facilitating the exchange of information among the numerous state, federal, and local agencies with jurisdiction over the gas leak.

The Attorney General’s filing complements ongoing actions of the numerous government agencies that are coordinating efforts related to the gas leak.  In addition to the Air Resources Board, these agencies include the California Energy Commission, the California Public Utilities Commission, the Department of Fish and Wildlife, the Division of Oil, Gas and Geothermal Resources, the Governor’s Office of Emergency Services, the Los Angeles Regional Water Quality Control Board, the Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District. Also included are the U.S. Environmental Protection Agency, Region 9 and Los Angeles County.

SAN FRANCISCO – On Tuesday, Attorney General Kamala D. Harris and eleven State Attorneys General urged Congress to limit any preemption of states’ authority to protect their residents and the environment from toxic chemicals when reconciling the bills passed by the House and Senate to reform the Toxic Substances Control Act of 1976 (“TSCA”).  The Attorneys General also commended members of Congress for undertaking efforts to improve the TSCA and for their progress in moving the bill closer to final passage.

In the letter, the Attorneys General set forth seven principles regarding the vital, complementary roles that the states and the federal government must play, and historically have played, in chemicals regulation.  The letter notes that in a few areas of core priority to the Attorneys General, such as the timing of preemption and the requirements for obtaining a waiver, the bills differ in the extent to which they address the states’ concerns.

“California’s environmental standards lead the nation in protecting our residents from harmful chemicals and pollutants, and my office has fought diligently to enforce them,” said Attorney General Harris.  “As Congress moves closer to reforming the Toxic Substance Control Act, it is critical that states' ability to protect communities from toxic chemicals is not preempted.”

As the letter notes, existing TSCA and the House Bill avoid problematic “regulatory void preemption,” and provide a traditional two-part waiver standard that the federal government, states and the courts have ample experience implementing.  In these areas, the Senate’s language introduces the risk of regulatory void preemption and unnecessarily complicates the waiver process.

In other areas, the letter explains that both the House and Senate have made significant progress in addressing the Attorneys General’s principles regarding the state-federal relationship.  For example, both bills allow states to co-enforce federal standards through the adoption of identical requirements in state law; preserve longstanding state chemicals programs such as California’s Proposition 65 from preemption; and exempt from preemption state water quality, air quality and waste treatment or disposal laws.  In each of seven areas, the letter offers specific reasoning and recommendations for reconciling the language of the House and Senate Bills.

California was joined by Attorneys General from Hawaii, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Oregon, Rhode Island, Vermont and Washington in submitting this letter to Congress.

The Attorneys General letter can be found attached to this release at www.oag.ca.gov/news

SAN FRANCISCO - Attorney General Kamala D. Harris and Alameda County District Attorney Nancy E. O’Malley today announced a settlement with Comcast Cable Communications LLC (“Comcast”) to resolve allegations that Comcast both unlawfully disposed of hazardous waste and discarded records without first omitting or redacting private customer information. As part of the settlement, Comcast will pay a total of $25.95 million. 

“Comcast’s careless and unlawful hazardous waste disposal practices jeopardized the health and environmental well-being of California communities and exposed their customers to the threat of identity theft,” said Attorney General Harris. “This agreement holds Comcast accountable for breaking the law and puts strict measures in place to prevent them from putting Californians and our environment at risk in the future.”

“Today’s settlement represents a victory in California’s ongoing efforts to ensure that hazardous waste is disposed of in a safe, legal and environmentally sustainable manner,” states Alameda County DA Nancy E. O’Malley. “Not only will my office pursue all necessary legal action against entities that pollute our environment, but we will also use all legal means to ensure California’s consumers’ private information is protected.  My office will continue to work together with state and local agencies to investigate and prosecute violations against our environment.”

The civil enforcement action and proposed settlement against Comcast were filed today in Alameda County Superior Court by Attorney General Harris and District Attorney O’Malley. The settlement requires court approval before it becomes final.

Today’s announcement stems from a robust investigation by the offices of Attorney General Harris and District Attorney O’Malley, assisted by the Department of Toxic Substances Control and the California Highway Patrol. According to the investigation, since 2005, Comcast warehouse and dispatch facilities and customer service centers throughout the state unlawfully handled and disposed of various hazardous waste products, routinely and systematically sending these materials to local landfills that were not permitted to receive these items. The majority of the hazardous waste was electronic equipment such as remote controls, splitters, routers, modems, amplifiers, and power adapters. The investigation also uncovered that Comcast discarded documents containing sensitive customer information, including names, addresses and phone numbers, into the trash without shredding them or making them unreadable, potentially exposing the information to identity thieves.

If approved by the court, under the final judgment, Comcast must pay $19.85 million in civil penalties and costs. An additional $3 million will fund projects furthering environmental and consumer protection and enforcement in California. Comcast will also be providing CalRecycle with $2.25 million in airtime over a four-year period and $150,000 to develop and produce public service announcements that educate the public on the proper handling and disposal of hazardous waste they might generate, including electronics. Finally, Comcast will spend a minimum of $700,000 to enhance its environmental compliance and will be prohibited from violating these laws in the future, under the terms of a permanent injunction.

Upon notice of the investigation, Comcast agreed to cooperate and, at the request of the Attorney General and the Alameda County DA, took interim steps to improve its hazardous and universal waste management compliance programs. As part of the settlement, Comcast has committed to fund multiple measures over the next five years to enhance its environmental compliance. Comcast will also be required to hire an independent auditor to conduct three audits of its environmental and customer privacy compliance over the next five years. There are ten Comcast facilities in Alameda County and all ten facilities are subject to the terms of the settlement.

Last year, Attorney General Harris and District Attorney O’Malley reached a $23.8 million settlement with AT&T over similar hazardous waste disposal violations.

Copies of the civil enforcement action and proposed settlement are attached to the online version of this release at oag.ca.gov/news.

VENTURA - Attorney General Kamala D. Harris today announced that the California Department of Justice will be formally joining the Ventura County District Attorney’s Office in the ongoing prosecution of multiple individual and corporate defendants charged with environmental crimes and other specified offenses related to the November 18, 2014 explosion at the Santa Clara Waste Water Company facility located in Santa Paula, California. 

The explosion disbursed toxic chemical residue and is alleged to have caused serious injuries to employees and first responders. In August 2015, a Ventura County grand jury indicted nine individuals and two corporate entities on multiple criminal counts including conspiracy to dispose of hazardous waste, failure to warn of a serious concealed danger, handling a hazardous waste with a reckless disregard for human life, withholding information regarding a substantial danger to public safety, filing a false or forged instrument, and dissuading a witness.

“The reckless handling of hazardous waste is a danger to public health and safety, and will not be tolerated in California,” said Attorney General Kamala D. Harris.  “My office will continue to prosecute serious environmental and health violations and will work closely with the Ventura County District Attorney’s Office to hold all perpetrators accountable.”

Ventura County District Attorney Greg Totten stated, “We are pleased with the Attorney General’s decision and welcome the contribution of prosecutorial resources and environmental expertise the Department of Justice will bring to this case.”

This joint prosecution effort follows a nine-month investigation by the Ventura County District Attorney’s Office, the U.S. Environmental Protection Agency, the U.S. Department of Transportation, the Ventura County Environmental Health Department, and the Ventura County Fire Department. The joint prosecution will include all aspects of the case, as well as the ongoing investigation into the storage of thousands of gallons of chemicals recently discovered through execution of a search warrant at the company’s facility in Santa Paula on November 5, 2015.

Green Compass Environmental Solutions LLC, one of the corporate entities previously indicted by the Ventura County Grand Jury, has facilities in Orange County, Kern County, and conducts waste disposal services in the Bay Area, making this matter one of statewide significance.

The next court date is an arraignment on December 1, 2015, at 9:00 a.m. in Department 12 of the Ventura Superior Court.