CSPA Advisory

CSPA Action Alert May 6, 2010 

CSPA Sues Republic Services⁄Allied Waste Services

May 6, 2010 -- CSPA filed a lawsuit against Republic Services Inc. for massive violations of the state's General Industrial Stormwater Permit. Republic Services Inc. operates Allied Waste Services of Sacramento in Rancho Cordova, California. (Attached) A Notice Letter of Intent to Sue was issued 22 January 2010.

The 4-acre recycling facility engaged in the collection and transfer of municipal solid waste fro disposal, as well as maintenance of vehicles involved in collection and hauling. Runoff from the site discharges to the City of Rancho Cordova's storm drain system and thence to either the American River or Morrison Creek, which in turn flows to the Sacramento River.

The lawsuit alleges that waste discharges from Republic Services greatly exceed allowable standards and benchmarks for numerous 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) to submit annual reports and falsely certified compliance in annual reports.

The action asks the court to: 1) declare Republic Services to be in violation of the law, 2) enjoin defendant from discharging pollutants, 3) enjoin defendant from further violating the substantive and procedural requirements of the permit, 4) comply with monitoring and reporting requirements, 5) prepare a legally adequate Stormwater Pollution Prevention Plan, 6) pay civil penalties for each day of violation and 7) award CSPA the costs of bringing the complaint.

Lozeau Drury LLP and the Law Offices of Andrew Packard are CSPA's attorneys in this matter.