On 21 July 2014, CSPA sent a Notice of Intent to Recology Inc. for violations of the substantive and procedural requirements of the federal Clean Water Act and California’s General Industrial Stormwater Permit. Recology Inc. operates the Recology Pacheco Pass landfill, a 136-acre landfill in Gilroy California that discharges polluted stormwater to channels that drain into Llagas Creek, which in turn flows into the Pajaro River and ultimately into Monterey Bay.
In addition to the discharge of pollutants including aluminum, iron, aluminum, copper, zinc, lead, phosphorous, nitrate, chemical oxygen demand and total suspended solids that exceed applicable standards, Recology failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) install required control measures to reduce or prevent pollutants from entering waterways, 3) implement an adequate monitoring and reporting program and 4) 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 U.S. EPA, U.S. 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 Recology to see if the matter can be resolved prior to litigation. The Law Offices of Andrew Packard is representing CSPA in this matter.