On 7 May 2014, CSPA sent a notice of intent to sue Northern Recycling & Waste Services for ongoing violations of the substantive and procedural requirements of the Clean Water Act and California’s General Industrial Stormwater Permit. Northern Recycling & Waste Services operates a recycling facility and landfill in Paradise, CA. The notice letter alleges that the facility discharges pollutants into Clear Creek, which in turn discharges to the Feather River and ultimately into the Sacramento-San Joaquin Delta.
In addition to the discharge of pollutants including iron, aluminum, zinc, lead, total suspended solids and specific conductance that exceed applicable standards, Northern Recycling & Waste Services failed to: 1) implement an adequate monitoring and reporting plan; 2) implement best management practices (“BMPs”) using best available technology (“BAT”) and best conventional technology (“BCT”); 3) develop and implement an adequate Storm Water Pollution Prevention Plan; 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 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 Northern Recycling & Waste Services to see if the matter can be resolved prior to litigation. Jackson & Tuerck is representing CSPA in this matter.