On 20 September 2013, CSPA sent a Notice of Intent to Sue Hansen Brothers Enterprises in Colfax for violations of the federal Clean Water Act. The Colfax facility used for the sale and storage of concrete and aggregate materials and the use, storage and maintenance of heavy machinery and construction equipment. The notice letter alleges that the facility illegally discharges polluted stormwater into Slaughter Ravine, which flows into the North Fork of the American River, a tributary to the Sacramento River and the Sacramento-San Joaquin Delta, in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit.
Pollutants discharges above applicable limits include: total suspended solids, pH, specific conductivity, oil and grease and iron.
In addition to the facility’s discharge of pollutants that exceed standards, Hansen Brothers 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 Hansen Brothers to see if the matter can be resolved prior to litigation.
Jackson & Tuerck and the Law Offices of Andrew Packard are representing CSPA in this matter.