CSPA Settles Lawsuit Against Santa Clara Asphalt Facility

CSPA has settled a Clean Water Act lawsuit against Granite Construction Company’s Santa Clara Asphalt Facility for violations of the California General Industrial Stormwater Permit.  Granite Construction operates an asphalt facility in Santa Clara, California.  The lawsuit alleged that the facilities discharged polluted stormwater into the Guadalupe River and San Francisco Bay.

The settlement agreement obligates Granite Construction 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, Granite Construction agreed to send $15,000 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.

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