On 30 September 2013, CSPA sent a Notice of Intent to Sue Gault Recyclers in Gault California for violations of the federal Clean Water Act. The notice letter alleges that the scrap materials recycling facility illegally discharges polluted stormwater to Deadman Gulch, which flows into the Cosumnes River and the Sacramento-San Joaquin Delta, in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit.
Pollutants discharges above applicable limits include: iron, zinc, copper, lead, aluminum, pH and total suspended solids.
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 Gault Recyclers to see if the matter can be resolved prior to litigation.
Lozeau/Drury LLP is representing CSPA in this matter.