COMPLIANCE INFO_2020 - Laserfiche WebLink

Home Browse Search

I payments may he made by business or cashier's check and small tie made asset forth in paragraphs 5.1. 5.2, and 5.4 below. On entry of this Final Judgnsent, Defendant shall deliver all required pa}nients to the District Attorney's Of ice for the County of San Joaquin, attention: David J. Trey, Special Deputy District 4 Attorney, for distribution purSUant to the terms of this Final Judgment. 5 5.1 Civil Penalties 6 Defendant shall pay ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000.00) 7 as civil penalties pursuant to Business and Professions Code section 17206,to the prosecuting 8 agencies/regulatory agencies identified in, and in accordance with the terms of, Exhibit S, attached. 9 5.2 Supplemental Environmental Proiects 10 Defendant shall pay ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000.00) 11 for supplemental environmental projects identified in, and in accordance with the terms of, Exhibit C, 12 attached. 13 5.3 Enhanced Environmental Compliance Efforts 14 As part of its"reverse logistics" system, Defendant routes certain products from its McLane 15 Southern California and Pacific facilities to a third-party consolidator that manages those products in 16 conformance with a"disposition code"established by the product's manufacturer and contained in a 17 contract between a manufacturer and the Defendant. Beginning one(1)month after entry of this Final 18 Judgment, Defendant will review on a monthly basis the disposition codes for all items it handles that 19 would be considered hazardous in California pursuant to Chapter 11 of Title 22, Division 4.5 of the 20 California Code of Regulations. The purpose of this review is to ensure that a disposition code does not 21 instruct the third-party consolidator to destroy or discard a hazardous item such that the product would 22 have to be managed as hazardous waste pursuant to Health and Safety Code sections 25100-25258.2. To 23 the extent that Defendant's review discovers a disposition code that instructs a consolidator to destroy or 24 discard a hazardous item (even if that item is not damaged or leaking and is able to be used for its 25 intended purposes), Defendant, after consultation with the item's manufacturer, will determine an 26 alternative disposition. This alternative disposition will be to either return the hazardous item to the 27 manufacturer(if it is not damaged or leaking) or to recycle, resell or reuse it in a manner that does not 28 constitute discard, pursuant to California Code of Regulations. Title 22, section 662612. For those 6 STIPUL_aTION FOR ENTRY OF FINrAL JUDGMENT AND PERMANENT INJUNCTION