On 31 March 2014, CSPA sent a Notice of Intent to River City Waste Recyclers, LLC for violations of the substantive and procedural requirements of the federal Clean Water Act and California’s General Industrial Stormwater Permit. River City Waste Recyclers operates a 3-acre recycling facility in Sacramento California that discharges polluted stormwater to channels that flow into Morrison Creek that flows to the Sacramento River.
In addition to the discharge of pollutants including aluminum, copper, iron, lead, zinc, total suspended solids, specific conductance and total organic carbon that exceed applicable standards, River City Waste Recyclers 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 River City Waste Recyclers to see if the matter can be resolved prior to litigation. Lozeau/Drury LLP is representing CSPA in this matter.