On 31 July 2014, CSPA sent a Notice of Intent to Soiland Co., Inc. for violations of the substantive and procedural requirements of the federal Clean Water Act and California’s General Industrial Stormwater Permit. Soiland Inc. operates a 30-acre industrial facility, operating under the name of “Soils Plus” in Sonoma California, that discharges polluted stormwater to channels that drain into Champlin Creek, which in turn flows into the Sonoma Creek and ultimately San Pablo Bay.
In addition to the discharge of pollutants that exceed applicable standards, Soils Plus failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) install required control measures to reduce or prevent pollutants from entering waterways, 3) implement an adequate monitoring and reporting program and 4) 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 Soils Plus to see if the matter can be resolved prior to litigation. Lozeau/Drury LLP is representing CSPA in this matter.