CSPA Sues Paper and Scrap Materials Recycling Facility in West Sacramento for Violations of Clean Water Act

On 27 April 2011, CSPA filed a lawsuit against International Paper Company, Inc. in West Sacramento California for massive violations of the federal Clean Water Act and the state’s General Industrial Stormwater Permit.  The 5-acre facility illegally discharges polluted stormwater to the eastern canal of the Sacramento River and the Sacramento-San Joaquin Delta.

The lawsuit alleges that wastes discharged from the facility egregiously exceed allowable standards and benchmarks for numerous pollutants, including iron, aluminum, zinc, copper, specific conductivity and other pollutants.  It further alleges the facility has failed to: 1) develop and implement standard Best Available and Best Conventional Treatment Technologies, 2) develop and implement an adequate Stormwater Pollution Prevention Plan, 3) develop and implement an adequate Monitoring and Reporting Program and 4) truthfully certify its annual reports.

The action asks the court to: 1) declare International Paper Company to be in violation of the law; 2) enjoin defendant from discharging pollutants to surface waters in violation of their permit and from further violating the substantive and procedural requirements of the permit; 3) order defendants to immediately implement pollution control and treatment technologies, comply with monitoring and reporting requirements and prepare a legally adequate stormwater pollution plan; 4) order defendant to take appropriate actions to restore the quality of waters impaired by their its activities, and 5) pay civil penalties for each day of violation and reimburse CSPA the costs of bringing the complaint.

The Law Offices of Andrew Packard and Jackson & Tuerck are representing CSPA in this matter.  Complaint