CarMax Settles Environmental Protection Lawsuit Brought on by CA District Attorneys

Alameda County District Attorney Nancy O’Malley announced today that her office, along with 16 other District Attorney’s Offices in California, settled an environmental protection action against CarMax Auto Superstores California, LLC. The settlement was based on the unlawful handling and disposal of various hazardous materials and hazardous wastes. The action was filed in Orange County Superior Court.

There are two CarMax facilities in Alameda County- one in Fremont and one in Pleasanton. The Alameda County DA’s Office conducted waste inspections at both locations and uncovered systemic violations of the management and disposal of hazardous waste items and confidential customer information.

“Today’s settlement is a win for the environment,” states DA O’Malley. “I want to make it very clear to any business operating in Alameda County and the state of California: there is no excuse for improper disposal of hazardous waste. You put us all at risk when you pollute our soil and our waterways. The state as well as local district attorneys will continue to work together to investigate and bring to justice businesses that ignore our important environmental protection laws.”

CarMax Auto Superstores California, LLC. is an automotive retailer that operates more than 190 dealerships in at least 28 states, including California. In the ordinary course of business, CarMax handles, transports, stores, manages, uses and disposes of hazardous materials. Additionally, CarMax generates regulated quantities of hazardous waste from its automotive inspection, service and repair departments. Numerous inspections by the California Department of Toxic Substances Control along with local environmental regulators found that CarMax facilities were out of compliance with the hazardous materials and hazardous waste laws.

District Attorney Investigators from Alameda County and several other counties conducted undercover inspections of CarMax’s trash containers, which revealed the illegal disposal of hazardous auto body sanding dust, sanding pads, automotive paints, clear coats, solvents, non-empty aerosols, other hazardous substances used during the auto body repair process, and confidential customer information.

In accordance with the Hazardous Waste Control Law and Hazardous Materials Release Response Plans and Inventory Law, the stipulated judgment mandates training, reporting and compliance with the regulations on hazardous materials, and hazardous wastes. The settlement totaling $ 1,600,000 requires CarMax to pay $1,000,000 in civil penalties and $300,000 for investigative costs. CarMax will also make an additional payment of $300,000 to fund supplemental environmental projects furthering consumer protection and environmental enforcement in California. CarMax was cooperative throughout the investigation and implemented training and compliance programs at each of its facilities.

The case was brought in conjunction with the District Attorney’s offices of Orange, Riverside, Los Angeles, San Bernardino, Fresno, Stanislaus, Kern, Ventura, Sacramento, Placer, San Diego, Solano, Sonoma, Santa Clara, San Mateo and Contra Costa counties, where CarMax facilities are located.

Posted on Jun 11, 2020