On 19 May 2011, CSPA settled a Clean Water Act lawsuit against Anderson Landfill, Inc./USA Waste of California, Inc. regarding serious violations of the California General Industrial Stormwater Permit and California’s Health and Safety Code (Prop. 65). Anderson Landfill/USA Waste operates a 246-acre landfill in Anderson, California that discharges polluted stormwater through multiple discharge points into Anderson and Cottonwood Creeks, which flow to the Sacramento River.
A 60-day notice letter of intent to sue under the Clean Water Act was sent on 5 February 2010 and a Prop. 65 notice letter was issued on 16 September. A lawsuit was filed in federal court on 7 April 2010 and amended on 22 November. The lawsuit alleged that the facility illegally discharged numerous pollutants in violation of the respective statutes. Anderson Landfill/USA Waste also failed to develop, implement and update: 1) Best Available and Best Conventional Treatment Technologies; 2) an adequate Stormwater Pollution Prevention Plan (SWPPP); and 3) an adequate monitoring and reporting plan.
The Settlement Agreement has been submitted to the court as an enforceable Consent Decree and to the U.S. Department of Justice for review. It obligates Anderson Landfill/USA Waste to: 1) comply fully with the applicable requirements of the General Permit and Clean Water Act; 2) implement a suite of Best Management and Housekeeping Practices; 3) conduct more frequent, comprehensive monitoring during rain events, and 4) prepare an adequate SWPPP. The agreement incorporates “Meet & Confer” provisions that allow CSPA to return to court for enforcement if pollutant benchmarks continue to be exceeded and the parties cannot agree on additional measures to be implemented.
As mitigation for past violations, Anderson Landfill/USA Waste agreed to send $30,000 to the Rose Foundation for a Better Environment to fund environmental projects that will improve water quality. They also agreed to reimburse CSPA’s costs of bringing suit plus funds to oversee implementation of the agreement.
The Law Offices of Andrew Packard and Jackson & Tuerck represented CSPA in this matter. Consent Agreement