Los Angeles County District Attorney Nathan Hochman
LOS ANGELES - Verizon Wireless has agreed to pay $7.7 million to resolve litigation filed by Southern California district attorneys alleging that the telecommunications company violated state environmental laws governing the operation of hundreds of its cell towers.
The original lawsuit, which was filed in Orange County Superior Court, centered on Verizon’s alleged failures to comply with reporting, inspection and training requirements relating to the storage of lead-acid batteries and petroleum products used to power above-ground emergency generators and backup systems at cell tower sites.
Verizon did not admit to any wrongdoing, according to a copy of the settlement provided to the Southern California Record. The agreement was signed on Dec. 31 by Superior Court Judge Lee L. Gabriel.
“Companies that store hazardous materials have a legal obligation to protect the public, first-responders and the environment,” Los Angeles County District Attorney Nathan Hochman said in a prepared statement. “... This settlement underscores that even the largest corporations must follow California’s environmental laws, and when they don’t, they will be held accountable.”
The District Attorney offices in Los Angeles, Orange, Riverside, San Bernardino and San Diego and Ventura counties will each receive more than $800,000 from the settlement. Staff members from the offices, and not outside attorneys, handled the litigation, according to court records.
Verizon failed to submit Hazardous Materials Business Plans to the state or to provide adequate employee training for those who may need access to the cell tower sites, according to the Ventura County District Attorney’s Office.
“Verizon’s failure to comply with the law governing hazardous materials created avoidable risks,” Ventura County District Attorney Erik Nasarenko said in a statement. “The investigation found consistent gaps in required reporting, employee training and inspection access across hundreds of facilities. These requirements exist to ensure that first-responders, environmental regulators and public safety officials have accurate information about hazardous materials stored at commercial sites in the event of an emergency.”
No specific evidence of environmental harm was found at any of the sites, Nasarenko’s office reported.
Verizon Wireless is the largest cell phone service provider in the nation and operates thousands of cell sites throughout California, according to the Los Angeles County District Attorney’s Office.
“Many of these sites store hazardous materials that, if improperly managed, can pose serious risks including fires, explosions and the release of toxic-chemical air contaminants,” the office reported.
The settlement funds will consist of $7,125,000 in civil penalties, $375,000 for what are called supplemental environmental projects and $200,000 in investigative costs. The funds will not only go to the prosecutors’ offices but many other municipal and county agencies around Southern California.
The prosecutors’ offices stressed that Verizon cooperated with deputy district attorneys during the investigation and agreed to pay the company’s outstanding permit fees and to take steps to comply with environmental statutes and compliance procedures.
Neither Verizon nor an attorney who represented the company in the lawsuit responded to requests for comment on the settlement.
Local jurisdictions are limited in what they can do to regulate the location and operation of cell towners. Federal law restricts them from acting in ways that materially inhibit cellular service in the marketplace.
