CSPA Issues Notice of Intent to Sue Waste Facility in Windsor

On 23 December 2010, CSPA and the Petaluma River Council (PRA) sent a Notice of Intent to Sue West Coast Metals in Windsor California, for violations of the federal Clean Water Act.  The notice letter alleges that the 3-acre facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit into Pool Creek, which empties into Windsor Creek, which then flows into either the Russian River or Laguna de Santa Rosa.

Pollutants discharges above applicable limits include: total suspended solids, specific conductivity, chemical oxygen demand, pH, copper, lead, chromium, nickel and oil & grease.

In addition to the facility’s discharge of pollutants that exceed standards, West Coast 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 West Coast Metals to see if the matter can be resolved prior to litigation.

Lozeau Drury LLP is representing CSPA and PRA in this matter.   West Coast Metals NOI

This entry was posted in Bill Jennings, Enforcement, Water Quality. Bookmark the permalink.

Comments are closed.