On 13 December 2010, CSPA sent a Notice of Intent to Siemens Water Technologies Corporation for violations of the federal Clean Water Act. Siemens Water Technologies operates a 22-acre waste combustion facility that receives, stores and stores and/or disposes of industrial and hazardous wastes. Polluted stormwater from the site discharges into unnamed drainages, which drain into the Sacramento River and thence the Sacramento-San Joaquin Delta.
The notice letter alleges that the facility is illegally discharging excessive concentrations of total suspended solids, specific conductivity, oil & grease, iron, aluminum, zinc, and nitrate + nitrite in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit. In addition to the facility’s discharge of pollutants that exceed standards, the facility 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 Siemens Water Technologies Corporation 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. Notice Letter