In 2006, Target ran the Measure K on the ideal that they would bring a green Target to Davis.  Opponents of Target at that time argued that this was not likely to occur given the track record of the corporation.  From our standpoint, the notion that putting Target in a LEED Certified building at its lowest level was environmentally responsible was an anachronism.

Making the claim worse is the fact that the Target would be inhabiting the Frontier Fertilizer Site that had been designated a superfund site after the discover of a pool of chemicals below the ground.

However, it appears that Target will be right at home on the Frontier Fertilizer site, as we discovered Monday that Attorney General Jerry Brown along with 20 district attorneys including Yolo County DA Jeff Reisig is suing Target for illegally dump hazardous waste in local landfills.

The announcement comes as Target continues to prepare for an October opening in Davis.

Attorney General Jerry Brown said Monday:

"Target has shown a willful disregard for California's hazardous waste laws by dumping flammable liquids and toxic chemicals in local landfills over a period of eight years.  If successful, this lawsuit would force Target to comply with state laws governing the lawful handling and disposal of toxic and corrosive waste.

"By contrast, Kmart has cooperated, agreed to live up to its obligations under the law and will train its employees to properly handle and dispose of hazardous waste."

According to the Attorney General's press release, Target, under California law is

"responsible for properly handling and disposing of products that are damaged during shipping or stocking, returned to the store by customers or removed because they are past their expiration date.

Target is also required under law to employ a licensed hazardous waste hauler to pick up the waste and transport it to a hazardous waste disposal facility. This ensures that hazardous waste will not end up at local landfills where toxic chemicals can seep into California's water supplies or emit dangerous gases."

However, since 2001 however, various local environmental health inspectors have served Target with more than 300 Notices of Violation for breaking California's hazardous waste control laws.  The Attorney General's Office launched an investigation into Target's practices in conjunction with district attorneys throughout the state after local store inspections revealed ongoing violations.

Because there has been very little local coverage of this issue, we do not know if DA Jeff Reisig joined the suit because of something that has occurred in Yolo County.

The Attorney General's press release however outlines a long list of violations which include most notably:

- In May 2009, an Alameda County Target store sent flammable aerosol canisters, propane canisters, light bulbs containing mercury, corrosive spray cleaners and medical waste to a local landfill not authorized to receive such waste.

- In March 2009, a San Bernardino County Target store sent a photo processing unit with toxic liquid and other hazardous materials to a local landfill not authorized to receive such waste.

- In December 2008, a Target employee in San Joaquin County informed county inspectors that hazardous waste, including pesticides, were routinely disposed of in the store's trash compactor for transportation to a local landfill not authorized to receive such waste.

- In January 2008, investigators discovered that multiple Los Angeles County Target stores sent several tons of products that could not be sold, to the Los Angeles Regional Food Bank. The shipments contained over 5,000 pounds of damaged, leaking and unusable items with flammable, toxic and corrosive properties. A licensed hazardous waste hauler had to be dispatched to the food bank to properly handle the hazardous waste at a cost of over $5,000.

- In March 2002, a Sacramento County Target employee dumped leaking containers of liquid pool chlorine into the store's trash compactor. The chlorine reacted with other chemicals in the compactor and toxic fumes were released into the air. This led to the store's evacuation, an emergency response and several individuals were transported to local hospitals.

Target in fact was cited by local health inspectors as recently as last month for having dumped thousands of pounds of hazardous waste into local landfills.

The lawsuit sites Target for five violations:

- Intentional and negligent disposal of hazardous waste at a point not authorized in violation of California's Health and Safety Code;

- Intentional and negligent unauthorized transportation of hazardous waste in violation of California's Health and Safety Code;

- Intentional and negligent violations of Hazardous Waste Control Laws for Hazardous Waste Handling Training and Storage Requirements in violation of California's Health and Safety Code;

- Knowing violations of Hazardous Materials Release Response Plans and Inventory Laws in violation of California's Health and Safety Code; and

- Violations of Unfair Competition Laws.

Nice to note the last one--unfair competition law violations since this has been a complaint of opponents of Target from the beginning.

This lawsuit would require Target to immediately comply with California law and start using a licensed hazardous waste hauler to pick up the waste and transport it to a hazardous waste disposal facility. Additionally, the lawsuit seeks $25,000 maximum penalties for each violation.

The press release does not explain if each individual case constitutes a violation because if not, this would seem to be a huge slap on the wrist and a lot of staff time for very little.  We suspect that there is a lengthy list of violations for the AG and 20 DA's plus the Los Angeles City Attorney to wish to get involved.

---David M. Greenwald reporting