On 10 December 2010, CSPA and the Petaluma River Council sent a Notice of Intent to Sue Shamrock Materials, Inc., in Petaluma California, for violations of the federal Clean Water Act. The facility includes two parcels: a sand off-loading, storage and transportation area and a gravel off-loading, storage and transportation area. The notice letter alleges that the facility’s two areas are illegally discharging polluted stormwater without legally required stormwater discharge permits into ditches that flow into the Petaluma River.
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 Shamrock Materials to see if the matter can be resolved prior to litigation.
Lozeau Drury LLP is representing CSPA in this matter. Notice Letter