On 6 August 2014, CSPA sent a Notice of Intent to Hanson Pipe and Precast, LLC for violations of the substantive and procedural requirements of the federal Clean Water Act and California’s General Industrial Stormwater Permit. Hanson Pipe and Precast operates a 53-acre concrete products facility, in Sacramento, that discharges polluted stormwater to channels that drain into Morrison Creek, which in turn flows into the Mokelumne River and ultimately the Delta.
In addition to the discharge of pollutants that exceed applicable standards, Hanson Pipe and Precast failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) install required control measures to reduce or prevent pollutants from entering waterways, 3) implement an adequate monitoring and reporting program 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 Hanson Pipe and Precast to see if the matter can be resolved prior to litigation. Lozeau/Drury LLP is representing CSPA in this matter.