CSPA has settled a Clean Water Act lawsuit against The Scotts Company for violations of the California General Industrial Stormwater Permit. The Scotts Company operates a fertilizer manufacturing facility in Linden, California. The lawsuit alleged that the facilities discharged polluted stormwater into Potter Creek, which flow into the Calaveras River and ultimately the Delta.
The settlement agreement obligates Scotts Company 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 incorporates provisions that allow CSPA to return to court for enforcement if pollutant benchmarks continue to be exceeded.
As mitigation for past violations, Scotts Company agreed to send $47,500 to the Rose Foundation for Communities and the Environment to fund environmental projects to improve water quality. They also agreed to reimburse CSPA’s costs of bringing suit. Lozeau/Drury LLP represented CSPA in this matter.