CSPA Issues Notice of Intent to Sue Lathrop Manufacturing Facility

On 27 March 2014, CSPA sent a Notice of Intent to Dragon Products, Ltd. for violations of the substantive and procedural requirements of the federal Clean Water Act and California’s General Industrial Stormwater Permit.  Dragon Products operates a 6.5-acre machinery manufacturing facility in Lathrop California that discharges polluted stormwater to channels that flow to the San Joaquin River.

In addition to the discharge of pollutants that exceed standards, Dragon Products failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) implement an adequate monitoring and reporting program and 3) install management measures to reduce or prevent pollutants from entering waterways.

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 the Dragon Products to see if the matter can be resolved prior to litigation.  Lozeau/Drury LLP is representing CSPA in this matter.

Notice of Intent Letter

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