On 5 August 2011, CSPA sent Notices of Intent to Sue five auto dismantling and recycling facilities in Rancho Cordova California for violations of the federal Clean Water Act. All of the facilities are owned and operated by Specialized Parts Planet, Inc. The notice letters allege that each of the facilities is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit into an unnamed tributary of Morrison thence to Morrison Creek and ultimately the Sacramento River and Delta.
The Specialized Parts Planet facilities are: SPP Rancho CPDJ, a 7-acre dismantling facility; SPP TAP Recycling, a 2-acre dismantling facility; SPP Ford, a 1.2-acre dismantling facility; SPP British, a 1-acre dismantling facility and SPP Rancho Recycling, a 4-acre dismantling facility.
Pollutants discharges above applicable limits include numerous metals and other pollutants. In addition to the discharge of pollutants that exceed standards, each of the facilities 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 Specialized Parts and each of the facilities to see if the matter can be resolved prior to litigation.
The Law Office of Andrew Packard and Lawyers for Clean Water are representing CSPA in this matter.