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CSPA Advisory August 4, 2010 

CSPA Sues Davis Waste Removal

By Bill Jennings, CSPA Executive Director
August 4, 2010 -- CSPA filed a lawsuit against the Davis Waste Removal. for massive violations of the federal Clean Water Act and the state's General Industrial Stormwater Permit. The facility is a 7-acre scrap metal processing, reclaiming and distribution facility in Davis California that discharges pollutants to the City of Davis storm drain system, which empties into the Yolo Bypass and Sacramento-San Joaquin Delta.

The lawsuit alleges that wastes discharged from the facility egregiously exceed allowable standards and benchmarks for pollutants, including aluminum, iron, lead, zinc, copper, pH, oil and grease, total organic carbon, specific conductivity, chemical oxygen demand. 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 Davis Waste Removal to be in violation of the law; 2) enjoin defendants from discharging pollutants to surface waters in violation of their permit and from further violating the substantive and procedural requirements of the permit; and 3) order defendants to immediately implement pollution control and treatment technologies, comply with monitoring and reporting requirements, prepare a legally adequate stormwater pollution plan, take appropriate actions to restore the quality of waters impaired by their its activities, pay civil penalties for each day of violation and reimburse CSPA the costs of bringing the complaint.

Lozeau Drury LLP is representing CSPA in this matter.

Read the lawsuit.