CSPA settles lawsuit against Stockton Foundry

On 21 September 2011, CSPA settled a lawsuit against Trilore Technologies, Inc., for violations of the federal Clean Water Act.  The 2-acre aluminum foundry facility is used to receive, store, manufacture and transport various aluminum based products and discharges pollutants to Lone Tree Creek, which drains to the San Joaquin River and Sacramento-San Joaquin Delta.

A 60-day notice letter of intent to sue was sent on 3 February 2011 and a lawsuit was filed in federal court on 5 April 3011.  The lawsuit alleged that wastes discharged from the facility egregiously exceed allowable standards and benchmarks for numerous pollutants.  It further alleged the facility has failed to: 1) develop and implement standard Best Available and Best Conventional Treatment Technologies, 2) develop and implement an adequate Stormwater Pollution Prevention Plan, and 3) develop and implement an adequate Monitoring and Reporting Program.

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 Trilore Technologies 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 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, Trilore Technologies agreed to send $32,500 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.

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