CSPA Issues Notice of Intent to Sue Waste Transfer Facility in San Martin California

On 24 October 2013, CSPA sent a Notice of Intent to San Martin Transfer Station in San Martin California for violations of the federal Clean Water Act.  The notice letter alleges that the facility illegally discharges polluted stormwater to Llagas Creek, which flows into the Pajaro River and Monterey Bay, in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit.  Pollutants discharged above applicable limits include: iron, zinc, copper, lead, aluminum, oil & grease, specific conductivity and total suspended solids.

In addition to the facility’s discharge of pollutants that exceed standards, San Martin Transfer Station 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 San Martin Transfer to see if the matter can be resolved prior to litigation.

The Law Offices of Andrew Packard is representing CSPA in this matter.

Notice Letter

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