On 28 March 2011, CSPA sent a Notice of Intent to Sue Matheson Tri-Gas, Inc. in Vacaville California, for violations of the federal Clean Water Act. The notice letter alleges that the facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit into Gibson Canyon Creek, which flows into McCune Creek and thence Ulatis Creek and ultimately Cache Slough and the Sacramento River.
Pollutants discharges above applicable limits include: total suspended solids, specific conductivity, nitrate+nitrite, aluminum, iron, oil & grease and other pollutants.
In addition to the facility’s discharge of pollutants that exceed standards, Matheson Tri-Gas failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) implement an adequate monitoring and reporting program; 3) sample required parameters; 4) install management measures to reduce or prevent pollutants from entering waterways and 5) file true and correct annual reports.
Pursuant to the citizen-suit provisions of the federal Clean Water Act, CSPA is required to send a potential defendant a notice letter informing them of the specific violations that have been identified. The USEPA, US Department of Justice, state Attorney General and the Regional Water Quality Board are copied and, if the agencies fail to initiate enforcement actions within 60 days, CSPA is free to file a lawsuit against the discharger. CSPA has offered to meet with Matheson Tri-Gas to see if the matter can be resolved prior to litigation.
The Law Office of Andrew Packard and Jackson & Tuerck are representing CSPA in this matter. Notice Letter