Judgment Date:
10/28/2021
Settlement reported to AG:
Case Name:
California Toxins Project vs. Metal Improvement Company
Court Name:
Los Angeles County Superior Court
Plaintiff:
California Toxins Project, LLC
Defendant:
Metal Improvement Company, LLC dba EM Coating Services
Injunctive Relief:
Within sixty (60) days of receiving approval from the South Coast Air Quality Management District to construct, EM Coating Services shall install a HEPA filtration system as set forth in Exhibit B. EM Coating Services shall take all reasonable and practicable measures to reduce the amount of chromium (hexavalent compounds) emitted into the neighborhood surrounding the Facility.
*Non-Contingent Civil Penalty:
$ 1,000.00
Attorney(s) Fees and Costs:
$ 29,838.00
Payment in Lieu of Penalty:
$ 6,662.00 (Reimbursement to CTP its reasonable costs in the amount of $4,236.59. Reimbursement to CTP for its work conducting research and investigation to bring this case in the amount of $1,425.00. $1,000.00 shall be distributed to CTP as an Additional Settlement Payment ("ASP”), pursuant to California Code of Regulations, title 11, sections 3203, subdivision (d) and 3204. 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 the proper, designated purposes described in this Amended Consent Judgment. CTP shall provide the Attorney General, within thirty days of any request, copies of documentation demonstrating 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 105
City, State, Zip:
Berkeley, CA 94704
Phone Number:
(510) 499-1992
Fax Number:
(510) 371-0885
