In a striking legal move, two California-based companies have accused a regional transportation authority of illegally dumping hazardous waste on their property. The complaint was filed by LPOD, Inc. and M & W Porter Properties, LLC in the Superior Court of California for the County of Santa Clara on April 2, 2025, against the Santa Clara Valley Transportation Authority (SCVTA).
The plaintiffs, LPOD, Inc., a corporation operating an oil dehydration facility, and M & W Porter Properties, LLC, which owns the property in question at 3121 Standard Road in Bakersfield, allege that SCVTA engaged in continuing trespass by delivering hazardous waste to their site under false pretenses. According to the complaint, from February 16, 2016, to March 31, 2017, SCVTA shipped at least 26 loads of used oil hazardous waste to LPOD's facility. These shipments were misrepresented as non-hazardous oil and water through falsified bills of lading rather than the required hazardous waste manifests.
The plaintiffs assert that SCVTA was fully aware that LPOD is not equipped or permitted to handle hazardous waste and yet proceeded with these deliveries regardless. This act constitutes a significant breach of trust and regulatory compliance as outlined under California's Hazardous Waste Control Law. "Had such material been properly characterized and labeled by SCVTA," states the complaint, "it would have required a hazardous waste manifest," which LPOD would have rejected due to its strict policy against accepting any form of waste.
Despite demands from LPOD for SCVTA to remove the hazardous materials stored at their facility and mitigate damages caused by this trespass, SCVTA has allegedly refused to comply. This ongoing situation has led to substantial harm for both plaintiffs due to loss of use and wrongful occupation of their property.
LPOD and M & W Porter Properties are seeking several forms of relief from the court. They demand compensation for repair costs associated with removing the hazardous waste, damages for loss of use during the period of wrongful occupation by SCVTA’s materials, prejudgment interest at seven percent per annum on these amounts until paid in full, reimbursement for legal costs incurred in pursuing this action against SCVTA as well as any other relief deemed appropriate by the court.
Representing LPOD and M & W Porter Properties is attorney Ralph B. Wegis from his law offices located in Bakersfield. The case is being presided over under Case No.: 25CV463525 in front of judges assigned within Santa Clara County’s jurisdiction where venue has been established based on SCVTA’s principal place of business operations.