CSPA Advisory

CSPA Advisory September 3, 2010

CSPA Intends to Sue Auto Dismantler in Redding for Massive Violations of Clean Water Act

By Bill Jennings, CSPA Executive Director
September 3, 2010 -- CSPA sent a Notice of Intent to Sue Viking Truck and Auto, Inc., in Redding California, for violations of the federal Clean Water Act. The notice letter alleges that the 19-acre vehicle dismantling and recycling facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit into Churn Creek, which ultimately drains to the Sacramento River and Sacramento-San Joaquin Delta. Pollutants discharges above applicable limits include: total suspended solids, iron, zinc, copper, lead and aluminum.

In addition to the facility's discharge of pollutants that exceed standards, Viking Truck and Auto 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 Viking Truck and Auto 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.

Read the notice.