On 25 February 2011, CSPA sent a Notice of Intent to Sue International Paper Company in West Sacramento for violations of the federal Clean Water Act. The notice letter alleges that the paper and scrap materials recycling facility illegally discharges polluted stormwater to the eastern canal of the Sacramento River and Delta in violations of the substantive and procedural requirements of the General Industrial Stormwater Permit.
Pollutants discharges above applicable limits include: specific conductivity, iron, copper, zinc and aluminum.
In addition to the facility’s discharge of pollutants that exceed standards, International Paper 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 International Paper 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.