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CSPA serves notice on USA Waste
By Bill Jennings, CSPA Executive Director
March 7, 2010 -- CSPA sent a Notice of Intent to Sue for violations of the federal Clean Water Act to USA Waste of California, Inc., in Chico California (attached). The notice letter alleges that the 3.75-acre waste transfer, recycling and trucking facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit to Little Butte Creek, which drains to the Sacramento River and Sacramento-San Joaquin Delta.
In addition to the facility's discharge of iron, aluminum, zinc, lead, pH, total suspended solids, specific conductivity, chemical oxygen demand and oil and grease far exceeding standards, USA Waste failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) implement an adequate monitoring and reporting program; 3) sample required parameters; 4) install management measures to reduce or prevent pollutants from entering waterways and 5) 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 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 USA Waste to see if the matter can be resolved prior to litigation.
The Law Offices of Andrew Packard and Jackson & Tuerck are representing CSPA in this matter.