CSPA Advisory August 5, 2010
CSPA Sues Three Waste Disposal Facilities
West Sonoma County Disposal operates a 7.5-acre facility that processes, reclaims and distributes scrap and waste materials in Santa Rosa California. The facility discharges to the Sonoma County Storm Drain System, which empties into Todd Creek, which then joins the Laguna de Santa Rosa, which in turn flows into the Russian River.
Redwood Empire Disposal operates a 4.5-acre facility that processes, reclaims and distributes scrap and waste materials in Santa Rosa California. The facility discharges to the Sonoma County Strom Drain System which flows to Todd Creek, thence to the Laguna de Santa Rosa and subsequently to the Russian River.
Novato Disposal Service operates a 5-acre facility that processes, reclaims and distributes scrap and waste materials in Petaluma California. The facility discharges to the Petaluma River and thence San Pablo Bay (the northern extension of San Francisco Bay).
The lawsuit alleges that waste discharges from the facilities greatly exceed allowable standards and benchmarks for numerous pollutants, including; total suspended solids, specific conductivity, oil & grease, pH, chemical oxygen demand, aluminum, copper, iron, lead and zinc. It further alleges the facilities have failed to: 1) develop and implement standard Best Available and Best Conventional Treatment Technologies, 2) develop and implement an adequate Stormwater Pollution Prevention Plan and 3) develop and implement an adequate Monitoring and Reporting Program.
The action asks the court to: 1) declare West Sonoma County Disposal, Redwood Empire Disposal and Novato Disposal Service to be in violation of the law, 2) enjoin defendants from discharging polluted stormwater, 3) enjoin defendants from further violating the substantive and procedural requirements of the permit, 4) order defendants to immediately implement pollution control and treatment measures that are equivalent to Best Available and Conventional Technologies, 5) comply with monitoring and reporting requirements, 6) prepare a legally adequate Stormwater Pollution Prevention Plan, 7) pay civil penalties for each day of violation and 8) award CSPA the costs of bringing the complaint.
Lozeau Drury LLP is representing CSPA and the Petaluma River Council in this matter.