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These acts constitute violations of California’s Hazardous Waste Control Law, and of California’s Unfair Competition Law, as such conduct gives DIRECTV a competitive advantage over other regulated entities that are complying with the law.
On Nov. 21, by stipulation of the parties, the Alameda County Superior Court entered a final judgment incorporating the terms of the settlement.
“Unlawfully disposing of hazardous waste can lead to serious health and environmental risks. That is why DA O'Malley and I are holding DIRECTV accountable today,” Attorney General Becerra said. “The California Department of Justice will continue working to protect the health and well-being of our communities. We will prosecute those who violate our environmental laws.”
“My Office is dedicated to enforcing laws that protect the environment and ensure fair business practices. Any company doing business in Alameda County and in California must abide by these laws. The illegal disposal of hazardous waste pollutes our soil and our water and can be harmful to the health of humans as well as the environment,” said District Attorney O’Malley. “I thank the Attorney General for his leadership on these important issues and I am confident that we will continue to make strides in holding businesses accountable and keeping our environment free from toxic pollution.”
As part of the settlement, DIRECTV will be required to pay more than $8.9 million for civil penalties, costs, and projects furthering environmental protection; will be bound by a permanent injunction prohibiting similar future violations of law; and will have to spend more than $580 thousand over the next five years to enhance environmental compliance at its California facilities.
Additionally, DIRECTV will be required to hire an independent auditor to perform three audits of DIRECTV’s compliance with the injunctive terms of the judgment.
The settlement and final judgment follow an extensive investigation by the two offices. The investigation included a series of inspections of dumpsters belonging to DIRECTV facilities.
The inspections revealed that DIRECTV was routinely and systematically sending hazardous wastes to local landfills that were not permitted to receive those wastes.
During the relevant period of the investigation, DIRECTV operated 25 facilities in California, and all 25 facilities were unlawfully disposing of hazardous waste.
In November 2014, the Attorney General and Alameda DA resolved a similar action against AT&T through a stipulated final judgment.
Because DIRECTV was acquired by an AT&T affiliate in July 2015, the parties to this settlement have stipulated to amend the prior AT&T judgment to include terms applicable to DIRECTV.
Copies of the complaint and stipulation for entry of amended final judgment are available at www.oag.ca.gov/news.
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The locator can be found at https://eapps.naic.org/life-policy-locator/#/welcome .
Thousands of U.S. consumers have reaped the benefits from the tool since its launch last November.
The National Association of Insurance Commissioners reported 8,210 beneficiaries have been matched with $92.5 million.
"The Life Insurance Policy Locator was created to help beneficiaries search for lost life insurance policies and to ensure consumers receive money they are entitled to," said California Insurance Commissioner Dave Jones. "This national tool has been an enormous success. I encourage everyone to use this tool to see if they are owed benefits."
More than 3,200 California consumers and over 40,000 consumers throughout the nation have conducted searches since the policy locator was launched.
The California Department of Insurance and the National Association of Insurance Commissioners developed the tool in 2016 to provide search capabilities to help find lost life insurance policies and annuities.
Since 2010, state insurance regulators have investigated unclaimed life insurance benefit payments.
In 2015, life insurers paid more than $74 billion in insurance policy benefits to consumers nationwide.
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On Oct. 13, Commissioner Jones declared an emergency situation in California due to the fires, which allowed insurance companies to use out-of-state adjusters to handle the large volume of claims resulting from the North Bay Fires and other fires.
Recently, the commissioner has received feedback from wildfire survivors, public officials and others that some of the representations made by insurance adjusters conflict with California law.
"Helping residents start the claims process in the face of so many losses and claims necessitated extraordinary actions," Jones said. "While getting claims settled is a priority, it must be done according to the laws in place to protect policyholders through a difficult process. I issued this notice to remind insurers that claims adjusters must be properly trained and process all claims according to California law."
Several fire survivors provided examples to the Department of incorrect insurer statements, such as:
– Incorrect timeframe provided to collect full replacement cost to rebuild. Policyholders were told they have between 6 and 12 months. In a state of emergency, as these fires were, policyholders have no less than 24 months under California law.
– Advised that if they decide not to rebuild in the same location, the policyholder could not receive full replacement benefits. Instead, California law provides policyholders may choose to rebuild in the same location, a new location or purchase an already built home in another location.
– Told additional living expense benefit would expire in 12 months. Under California law, in a state of emergency, policyholders have up to 24 months.
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CDFA anticipates issuing cannabis cultivation licenses on or about January 1, 2018. In addition to state licensure, applicants are required to comply with any local cannabis cultivation requirements. Applicants should check with their local jurisdiction regarding local ordinance requirements.
Space is limited to about 150 participants per workshop. Additionally, as of November 30, a recorded training session will be available on the CalCannabis Web site at www.calcannabis.cdfa.ca.gov.
All training sessions are from 12:30 to 5 p.m.
The dates and locations are as follows:
Tuesday, Nov. 28 – Orange County
Courtyard by Marriott
8 MacArthur Pl., Santa Ana
Tuesday, Nov. 28 – Yolo County
Ziggurat Building
707 3rd St., West Sacramento
Thursday, Nov. 30 – San Bernardino County
DoubleTree by Hilton
285 E. Hospitality Ln., San Bernardino
Thursday, Nov. 30 – Monterey County
CSU Monterey Bay – National Steinbeck Center
1 Main St., Salinas
Tuesday, Dec. 5 – Fresno County
Hugh M. Burns State Building
2550 Mariposa Mall, Room 1036, Fresno
Tuesday, Dec. 5 – Mendocino County
Ukiah Valley Conference Center
200 S. School St., Ukiah
Thursday, Dec. 7 – Riverside County
UC Riverside – Palm Desert Center
75080 Frank Sinatra Drive, Building B114-B117, Palm Desert
Thursday, Dec. 7 – Alameda County
Elihu M. Harris State Office Building, Room One
1515 Clay St., Oakland
Tuesday, Dec. 12 – Butte County
Butte College – Black Box Theater
3636 Butte Campus Dr., Oroville
Thursday, Dec. 14 – Humboldt County
Sequoia Conference Center
901 Myrtle Ave, Eureka
To register, go to www.eventbrite.com and search for “CDFA cannabis cultivation” for a list of events.