CSPA settles lawsuit Against Fremont recycling facility for illegal pollution

On 10 December 2010, CSPA settled a Clean Water Act lawsuit against the City of Tomra Pacific regarding serious violations of the California General Industrial Stormwater Permit.  Tomra Pacific operates a recycling facility that processes, reclaims and distributes scrap and waste materials.  The facility discharges excessive concentrations of numerous pollutants through six discharge points into the City of Fremont storm drain system, which flows into San Francisco Bay. 

A 60-day notice letter of intent to sue, pursuant to the Clean Water Act was sent in November 2010.  A lawsuit was filed in federal court in February 2010.

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 Tomra Pacific 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) develop and implement a number of structural improvements; 4) conduct more frequent, comprehensive monitoring during rain events, and 5) prepare an adequate Stormwater Pollution Prevention Plan.  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, Tomra Pacific agreed to send $35,000 to the Rose Foundation for Communities and the Environment to fund environmental projects that will improve water quality in San Francisco Bay or its tributaries.  They also agreed to reimburse CSPA’s costs of bringing suit plus funds to oversee implementation of the agreement.

Lozeau/Drury LLP represented CSPA in this matter.  Settlement Agreement

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