On 16 September 2011, CSPA sent a Notice of Intent to Sue to M & M Recycling (dba, Specialized German Recycling) for violations of the federal Clean Water Act. The notice letter alleges that the 1-acre waste dismantling and recycling facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit into an unnamed tributary of Morrison Creek, which flows into the Sacramento River and thence the Sacramento-San Joaquin Delta.
In addition to the facility’s discharge of pollutants that exceed standards, M & M Recycling 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 M & M Recycling to see if the matter can be resolved prior to litigation.
The Law Office of Andrew Packard is representing CSPA in this matter.