CVS Accused Of Not Complying With CA Recycling Law In Petaluma

PETALUMA, CA — Seven CVS stores in Sonoma County, including one in Petaluma, are among more than 80 in California where Rhode Island-based CVS Health Corp. is accused of failing to comply with the requirements of California's so-called "bottle bill" for the recycling of cans and bottles, according to state officials with CalRecycle.

Lawyers with the California Department of Resources Recycling and Recovery filed a $3.6-million administrative enforcement accusation Thursday against CVS Health Corp.

The filing contends an investigation by CalRecycle found that CVS violated the law in 81 of its 848 retail stores statewide by either failing to give customers refunds for recycled bottles, failing to pay an alternative fee of $100 per day or failing to submit an affidavit describing a store's compliance.

Under the law, consumers pay a deposit of 5 or 10 cents per beverage container, which can be refunded when the bottle or can is recycled.

Retailers in areas with no nearby recycling center must either pay the refunds in their stores or pay the $100-per-day fee.

The filing seeks to recover $1.83 million for allegedly unpaid fees plus an equal amount in civil penalties.

Of that, CalRecycle officials say the CVS store at 291 N. McDowell Blvd. in Petaluma had a balance due of $21,200 as of October.

Six other Sonoma County CVS stores also had balances due, according to CalRecycle documents filed in support of the enforcement action:

— 2075 Mendocino Ave., Santa Rosa, $21,300;

— 2771 4th St., Santa Rosa, $24,300;

— 2700 Yulupa Ave., Santa Rosa, $24,300;

— 455 Center St., Healdsburg, $21,200;

— 201 W. Napa St., Sonoma, $21,300; and

— 1111 S. Cloverdale Blvd., Cloverdale, $15,000.

CVS spokesman Michael DeAngelis said the Rhode Island-based company is reviewing the filing.

"CVS Pharmacy is committed to contributing to healthier, more sustainable communities," he said.

The company is entitled to an evidentiary hearing before an administrative law judge before any sanctions are ordered.

The recycling department, known as CalRecycle, is part of the California Environmental Protection Agency.

Environmental Protection Secretary Jared Blumenfeld said in a statement, "This action sends a message that we will hold retailers accountable for refunding consumers their nickel and dime deposits. Everyone must do their part as we work to protect our environment."

California has one of the highest recycling rates in the nation, according to CalRecycle. Last year, Californians recycled 18 billion beverage containers, three-fourths of the 24 billion cans and bottles sold in the state, the agency said.

The deposit amount is 5 cents for cans and bottles under 24 ounces and 10 cents for larger containers.

— Bay City News Service contributed to this report.