On 2 June 2014, CSPA sent a notice of intent to sue Metech International, LLC metal recycling facility for violations of the substantive and procedural requirements of the Clean Water Act and California’s General Industrial Stormwater Permit. Metech International operates a 3-acre industrial facility that discharges polluted storm water to three discharge points into Llagas Creek, which then conveys that storm water into the Pajaro River, which ultimately flows into Monterey Bay. Pollutants discharged above the applicable limits include: Iron, Aluminum, Copper, Zinc, Magnesium, Cadmium, Mercury, Lead, Silver, Total Suspended Solids and Chemical Oxygen Demand.
In addition to the facility’s discharge of pollutants that exceed applicable standards, Metech International failed to 1) develop and implement an adequate storm water pollution prevention plan; 2) sample required parameters; 4) install management measures to reduce or prevent pollutants from entering waterways; and 5) file timely, 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 U.S. EPA, U.S. 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 the Metech International to see if the matter can be resolved prior to litigation. The Law Offices of Andrew Packard are representing CSPA in this matter.