On 13 December 2010, CSPA and the Petaluma River Council (PRC) issued a 60-day Notice of Intent to Sue Redwood Empire Disposal, Inc. and Redwood Empire Disposal Sonoma County, Inc. for violations of California Health & Safety Code Section 25249 (Safe Drinking Water and Toxic Enforcement Act of 1986), otherwise known as (Prop. 65) at their Santa Rosa facilities. Prop. 65 was passed overwhelmingly by California voters, and among other provisions, prohibits the discharge of pollutants known to cause cancer and birth defects into sources of drinking water.
West Sonoma County Disposal Service is located at 3417 Standish Avenue in Santa Rosa and Redwood Empire Disposal Sonoma County is located at 3400 Standish Avenue.
The letter alleges that the facilities are illegally discharging arsenic, lead, lead compounds, cadmium, mercury and nickel through outfalls that flow into drainages, channels, culverts through natural creeks and watercourses that are tributary to the Laguna de Santa Rosa and the Russian River. The Laguna de Santa Rosa and Russian River and their tributaries are identified sources of drinking water.
On 5 August 2010, CSPA and the PRC filed a lawsuit against the facilities for violations of the Clean Water Act and the state’s General Industrial Stormwater Permit.