On 23 November 2010, CSPA settled a Clean Water Act lawsuit against the City of Redding and Shasta County regarding serious violations of the California General Industrial Stormwater Permit. Shasta County owns and the City of Redding operates a 230-acre landfill facility. The facility has discharged excessive concentrations of numerous pollutants to Dry Creek, a tributary of Cottonwood Creek, which ultimately drains to the Sacramento River and the Sacramento-San Joaquin Delta.
A 60-day notice letter of intent to sue, pursuant to the Clean Water Act was sent in April and May 2010. A lawsuit was filed in federal court in June and amended in July.
The Settlement Agreement has been submitted to the court as an enforceable Consent Decree and to the U.S. Department of Justice for review. It obligates Redding and Shasta County to: 1) comply fully with the applicable requirements of the General Permit and Clean Water Act; 2) implement a suite of Best Management and Housekeeping Practices; 3) develop and implement a number of structural improvements; 4) conduct more frequent, comprehensive monitoring during rain events, and 5) prepare an adequate Stormwater Pollution Prevention Plan. The agreement incorporates “Meet & Confer” provisions that allow CSPA to return to court for enforcement if pollutant benchmarks continue to be exceeded and the parties cannot agree on additional measures to be implemented.
As mitigation for past violations, Redding and Shasta County agreed to send $30,000 to the Rose Foundation for Communities and the Environment to fund environmental projects that will improve water quality. They also agreed to reimburse CSPA’s costs of bringing suit plus funds to oversee implementation of the agreement.
The Law Offices of Andrew Packard and Jackson & Tuerck represented CSPA in this matter. Settlement Agreement