On 29 June 2011, CSPA sent a Notice of Intent to Sue A&S Metals in Modesto California, for violations of the federal Clean Water Act. The notice letter alleges that the Modesto metal recycling facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit into the Modesto Storm Drain System which flows into the Tuolumne River and thence the Sacramento-San Joaquin Delta.
Pollutants discharges above applicable limits include: total suspended solids, specific conductivity, pH, aluminum, zinc, lead, oil & grease and other pollutants.
In addition to the facility’s discharge of pollutants that exceed standards, A&S Metals 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 A&S Metals to see if the matter can be resolved prior to litigation.
The Law Office of Andrew Packard and Jackson & Tuerck are representing CSPA in this matter. Notice Letter