$1.43 Million Settlement Announced To Address Illegal Dumping Of Hazardous Waste; Kelly-Moore Violated State Environmental Protection Laws

September 14, 2020 19:00 pm · 14 comments

Contra Costa County District Attorney Diana Becton today announced a $1.43 million settlement against Kelly-Moore Paint Company to resolve allegations that the company violated California state laws governing hazardous waste by routinely and illegally disposing of paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes into company waste bins destined for municipal landfills not authorized to accept hazardous waste.

The lawsuit also resolves allegations that Kelly-Moore failed to shred customer records containing confidential information before disposal.

“My office will always strive to protect the environment and public health by holding companies accountable for violating our environmental laws. This settlement not only acts as a deterrent against other potential violators but more importantly contains injunctive provisions to ensure Kelly Moore will maintain environmental compliance into the foreseeable future.,” stated Contra Costa County District Attorney Diana Becton.

The investigation of Kelly-Moore was initiated by the California Department of Toxic Substance Control (DTSC).

From March 2016 through December 2018, inspectors from the DTSC, and investigators from other district attorney offices statewide, conducted a series of undercover inspections of waste bins originating at 29 separate Kelly-Moore locations.

These inspections found numerous instances of unlawful disposal of hazardous waste paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes.

Kelly-Moore also violated laws meant to protect vulnerable confidential consumer information by unlawfully disposing of customer records without having rendered personal information unreadable.

In California, the company owns or operates approximately 106 retail stores, including nine stores in Contra Costa County.

Silva September 14, 2020 at 7:52 PM

Ah, rats, right when I was going to shop for paint. Welp. It is better to know before I bought it than after. :/

Anon September 14, 2020 at 8:09 PM

I would bet that the Majority of your Office travels Hwy 4 or 680.
How about doing something about Republic Services Trucks Littering those freeways? Each trucks spits out 50 pieces of trash, do the math.
I repeat, this is NOT people throwing their diapers or toilet paper packaging out on the freeway in that area. I’ve witnessed it personally. You need to do a survey on these trucks.

Shoulda Coulda September 14, 2020 at 11:30 PM

It’s easy to write down the license number
of the truck and call it in to the CHP with
your complaint. What good will a survey do?

Exit 12A September 14, 2020 at 8:14 PM

In applying prevailing California’s highly emotional logic and reasoning, every home and business painted with KM products should be stripped and repainted.

Mary Fouts September 14, 2020 at 10:42 PM

Whatever. Still wouldn’t use anything but Kelly Moore paint. We just repainted the exterior of our home. After 19 years, when painted with Kelly Moore paint then. Hardie board plank siding. 19 years!

Interior paint, Kelly Moore, has lasted as long. Wouldn’t use any other paint brand, exterior or interior. So happy with the colors, desired sheen, and durability.

Susan September 15, 2020 at 11:47 AM

I agree Mary Fouts, quality paint and products.

ConcordRes2 September 15, 2020 at 5:32 AM

Who gets the $1.43 million?

Kauai Mike September 15, 2020 at 5:53 AM

and people wonder why paint is $45 a gallon ….

Concord74 September 15, 2020 at 8:42 AM

Why in the world are inspectors dumpster diving?? Sounds like maybe a contractor may have been stiffed and reported K-M. Look at all the paint spills on roadways!! (I have been fortunate to not have driven over those spills when they were wet!)

HappyPappy September 15, 2020 at 9:02 AM

Too bad District Attorney Diana Becton doesn’t apply the same diligence in prosecuting those looters who “needed” a big screen TV, or that package in your car.

JRocks September 15, 2020 at 9:04 AM

Kelley Moore may be guilty as hell I am not privy to the details of the case.

If you don’t own a business you may not understand the labyrinth one must navigate to comply with ever changing state mandates. It is getting to the point where no business can operate with absolute certainty that they are in compliance with the law. When the state investigates they are almost guaranteed to find an infraction. It becomes a money grab. The fines and lawyer fees don’t damage the large companies, but they destroy the smaller ones.

The quote from the progressive icon Joseph Stalin describes the current state of affairs perfectly.

“Show me the man, and I’ll find you the crime.”

Hondo Lane September 15, 2020 at 9:26 AM

I guarantee you Diana Becton will be running for CA State Atty General soon and the citizens will be naive enough to elect her.

Sam September 15, 2020 at 9:59 AM

She just playing her leftist politics. Covering the environmental angle for her resume. She needs bullet points for her next campaign ad. This political hack needs to be removed. Give me a break, do your job.

WCreaker September 15, 2020 at 10:32 AM

Undercover inspections of the dumpsters. In disguise as ???? What a gig.

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