The People of the State of California v. Frontier California Inc

Case Background

On December 04, 2024, the People of the State of California, represented by Attorney General Rob Bonta, Alameda County, filed this environmental lawsuit against Frontier California, Inc. (Defendant) for improper waste disposal at unauthorized locations. The complaint alleged violations of the Health and Safety Code and the Business and Professions Code related to the management of hazardous waste at its facilities throughout California.

The case was filed in California Superior Court, Los Angeles County. [Case number: 24STCV31999]

Cause

Frontier California, Inc., a California corporation, conducts business in the state at various facilities, referred to as Covered Facilities. These facilities manage hazardous waste, including universal waste as defined by California law.

California implements strict regulations governing hazardous waste management, outlined in the Hazardous Waste Control Law (HWCL). This law ensures the tracking, treatment, and disposal of hazardous waste to protect public health and the environment. Violations of these regulations can lead to civil liability, as specified in Health and Safety Code sections 25189 and 25189.2. The law allows for civil penalties and the issuance of injunctions to prevent ongoing violations.

The People alleged that Defendant violated these laws at its Covered Facilities. Specifically, Defendant failed to properly manage, store, and dispose of hazardous waste, including electronic equipment, batteries, and aerosol cans. These items, known as Target Waste, were improperly handled and required recycling or disposal according to the HWCL.

Defendant was accused of various violations, including improper disposal of hazardous waste, failure to determine whether waste was hazardous, and storing waste beyond legal limits. Additional violations included failure to label containers, improperly managing universal waste, and not meeting training and record-keeping requirements.

Damages

Plaintiff sought a permanent injunction, civil penalties, and other equitable relief to address these violations of the Health and Safety Code and the Business and Professions Code, which occurred from October 25, 2008, to the present.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): The People of the State of California
    • Counsel for Plaintiff(s): Rob Bonta | Dennis L. Beck, Jr. | Kate M. Hammond | Taylor G. Rhodes | Pamela Price | Simona Farrise Best | Carlos J.E. Guzman | Stephen M. Wagstaffe | Kenneth A. Mifsud | Rebecca Dreyfuss
  • Defendant(s): Frontier California Inc.
    • Counsel for Defendant(s): John S. Hahn | Roger W. Patrick

Key Counsel Remarks

“For years, Frontier’s careless and unlawful hazardous waste disposal practices jeopardized the health and environmental well-being of California communities,” said Attorney General Rob Bonta. “Today’s settlement holds them accountable for breaking the law and implements strict measures to prevent them from putting Californians and our environment at risk in the future.”

Carlos Guzman, Interim Head of the Alameda County District Attorney’s Office of Consumer, Environmental and Special Prosecutions Unit, added, “The illegal disposal of hazardous waste puts our environment, workers and communities at risk and violates California law. We are encouraged that Frontier cooperated with the district attorneys’ and Attorney General’s offices in taking decisive action to address the alleged past violations and to protect against future problems.”

Claims

The complaint brought claims against the Defendant for hazardous waste disposal and management violations. The first cause of action involved the unlawful disposal of hazardous waste at unauthorized locations, violating Health and Safety Code sections 25203, 25189, and 25189.2.

The second cause of action addressed the failure to determine if generated waste was hazardous, in violation of Health and Safety Code sections 25100 et seq. and Title 22 regulations. The third cause of action concerned violations of hazardous waste storage and accumulation time limits under Health and Safety Code section 25123 and Title 22.

The fourth cause of action involved improper labeling and container requirements for hazardous waste, violating Health and Safety Code section 25201.15 and Title 22. The fifth cause of action addressed violations of hazardous waste transportation and manifest requirements under Health and Safety Code section 25163 and Title 22.

The sixth cause of action involved failure to comply with hazardous waste handling training requirements, while the seventh cause of action addressed violations of universal waste disposal, management, and labeling rules. The eighth cause of action involved failing to obtain a proper identification number for hazardous waste handling. Finally, the ninth cause of action addressed violations of the Unfair Competition Law under Business and Professions Code sections 17200-17208.

Settlement

On the same day the lawsuit was filed, Frontier California reached a settlement without admitting liability. As part of the agreement, the company agreed to pay $3.5 million. This amount included a $2.8 million civil penalty, $450,000 for investigative costs, and $250,000 for supplemental environmental projects.

The settlement also included several measures to prevent future violations. These included installing signage at its facilities to guide proper waste disposal, implementing new inspection and employee training protocols, and conducting third-party environmental compliance audits. Additionally, the settlement prohibited the company from engaging in unlawful hazardous waste disposal.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com

Press release:

State of California Department of Justice Office of the Attorney General