On 13 March 2014, CSPA sent a Notice of Intent to Sue Jensen Precast for violations of the substantive and procedural requirements of the federal Clean Water Act and California’s General Industrial Stormwater Permit. The 12-acre Sacramento concrete facility discharges polluted stormwater to Magpie Creek, which then flows to Steelhead Creek, the Natomas East Main Drainage, and then to the Sacramento River.
In addition to the facility’s discharge of pollutants that exceed standards, Jensen Precast failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) implement an adequate monitoring and reporting program; 3) install management measures to reduce or prevent pollutants from entering waterways and 4) 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 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 City to see if the matter can be resolved prior to litigation. Lawyers for Clean Water are representing CSPA in this matter.