CSPA Settles Action Against Stockton Recycler for Failure to Comply with Previous Agreement

CSPA has settled a Clean Water Act action against Stockton Recycling, Inc., for failure to comply with a previous settlement agreement for violations of the California General Industrial Stormwater Permit.  Stockton Recycling operates three recycling facilities in Stockton, California.  The facilities discharge polluted stormwater into the City of Stockton’s municipal storm drain system, which empties into the San Joaquin River and Delta.

The previous settlement agreement, in February 2012, obligated Stockton Recycling to comply fully with the Clean Water Act, develop and implement a suite of Best Management Practices and structural improvements, conduct more frequent and comprehensive monitoring and prepare an adequate Stormwater Pollution Prevention Plan.  The agreement incorporated provisions that allowed CSPA to return to court for enforcement if pollutant benchmarks continue to be exceeded.

In February, CSPA inspected all three of the sites and discovered non-compliance with the terms of the settlement agreement.  Stockton Recycling agreed to additional requirements in addition to fully complying with the 2012 agreement

As mitigation for violations in the context of enforcing the previous settlement, Stockton Recycling agreed to send $22,500 to the Rose Foundation for Communities and the Environment to fund environmental projects to improve water quality.  This is in addition to the $100,000 Stockton Recycling sent to the Rose Foundation in settlement of the 2012 lawsuit.  They also agreed to reimburse CSPA’s costs of enforcing the previous agreement.  The Law Offices of Andrew Packard represented CSPA in this matter.

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