Judgment Date:
05/03/2022
Settlement reported to AG:
Case Name:
California Toxins Project LLC vs. All Metals Processing
Court Name:
Orange County Superior Court
Court Docket Number:
30-2021-01216949-CU-MC-CJC
Plaintiff:
California Toxins Project LLC
Defendant:
All Metals Processing of Orange County, Inc.
Injunctive Relief:
Within 120 days of All Metals receiving notice of approval of the permit to construct from South Coast Air Quality Management District, the company shall install a HEPA filtration system at the Facility, as more fully described in Exhibit G.
*Non-Contingent Civil Penalty:
$ 1,500.00
Attorney(s) Fees and Costs:
$ 30,916.00
Payment in Lieu of Penalty:
$ 5,084.00 (Reimbursement of costs to CTP in the amount of $2,495. $878,75 to CTP for its work in conducting research and investigation in this case. $1,710 as an Additional Settlement Payment ("ASP") pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3201. CTP will utilize the ASP for activities that address the same public harm as allegedly caused by Defendant in this matter. These activities include but are not limited to the research and investigation of companies emitting toxic chemicals in California, obtaining records, consulting with experts, actual monitoring of toxic air emissions from facilities throughout the State, air dispersion modeling of emissions, and litigation support, all in support of CTP's overarching goal of reducing and/or eliminating hazardous and toxic chemical emissions in California. CTP's activities will have, a direct and primary effect within the State of California because California communities will be benefited by the reduction and/or elimination of Proposition 65 listed chemicals emitted into the atmosphere and by providing clear and reasonable warnings to persons being exposed to levels of chemicals requiring a warning, when warranted.
CTP shall be fully accountable in that it will maintain adequate records to document and will be able to demonstrate how the ASP funds will be spent and can assure that the funds are being spent only for proper, designated purposes described in this Second Amended Stipulated Consent Judgment. CTP shall provide the Attorney General, within thirty days of any request, copies of documentation how such funds have been spent.)
Total Payments:
$ 37,500.00
Is Judgment Pursuant to Settlement?
Contact Organization:
Michael Freund & Associates
Address:
1919 Addison Street, Suite 104
City, State, Zip:
BERKELEY, CA 94704
Phone Number:
(510) 499-1992
Fax Number:
(510) 371-0885