On 2 April 2014, CSPA sent a Notice of Intent to Sue to S. Martinelli & Co. for violations of the substantive and procedural requirements of the federal Clean Water Act and California’s General Industrial Stormwater Permit. S. Martinelli & Co. operates a 17-acre industrial facility that includes the manufacturing and bottling of food products. The facility collects and discharges polluted stormwater through a least three discharge points into the municipal storm drain system, Watsonville Slough, the Pajaro River and Monterey Bay.
In addition to the discharge of pollutants that exceed applicable standards, S. Martinelli & Co. 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 S. Martinelli & Co. to see if the matter can be resolved prior to litigation. The Law Offices of Andrew Packard is representing CSPA in this matter.