CSPA
California Sportfishing Protection Alliance
“Conserving California’s Fisheries"

Home

More News

Your 501(c)(3) tax deductible cash donations are desperately needed if the fight for our fisheries is to continue. Read how you can donate!
Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Enter your Email address to sign up 
for our Weekly Newsletter
For Email Marketing you can trust
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

More News

 

horizontal rule

 

CSPA settles lawsuit against Lake County Landfill for illegal pollution

 

by Bill Jennings, CSPA Executive Director

February 23, 2010 -- Following amicable settlement negotiations, CSPA has settled a federal Clean Water Act lawsuit against the Lake County Department of Public Services and the sanitary landfill and recycling center it operates in Clearlake California.  The landfill was constructed in a former canyon in the headwaters of Molesworth Creek.  Stormwater from the 80-acre facility is discharged into Molesworth Creek, which flows to Clear Lake thence into Cache Creek and the Sacramento River. 

The lawsuit was filed in United States District Court in April 2009 alleging that the facility was illegally discharging excessive concentrations of numerous pollutants in excess of applicable limits.  The facility also failed to develop, implement and update: 1) Best Available and Best Conventional Treatment Technologies; 2) an adequate Stormwater Pollution Prevention Plan (SWPPP); and 3) an adequate monitoring and reporting plan.  It also accused the operators of falsely certifying compliance in their annual reports.

The February 2010 Settlement Agreement has been submitted to the court as an enforceable Consent Decree and to the U.S. Department of Justice for review.  It obligates the Lake County Department of Public Services to: 1) comply fully with the applicable requirements of the General Permit and Clean Water Act; 2) implement a suite of Best Management and Housekeeping Practices; 3) develop and implement a number of structural improvements to prevent pollutants from being discharged; 4) conduct more frequent, comprehensive monitoring during rain events, and 5) prepare an adequate SWPPP.  The agreement incorporates  “Meet & Confer” provisions that allow CSPA to return to court for enforcement if pollutant benchmarks continue to be exceeded and the parties cannot agree on additional measures to be implemented.

As mitigation for past violations, Lake County agreed to send $35,000 to the Rose Foundation for a Better Environment to fund environmental projects that will improve water quality in the watershed.  They also agreed to pay CSPA's costs of bringing the lawsuit plus funds to oversee implementation of the settlement agreement.

The Law Offices of Andrew Packard and Lozeau/Drury LLP represented CSPA in this matter.

 

Consent Agreement