CSPA Settles Lawsuit Against West Sacramento Beverage Facility

On 16 January 2014, CSPA settled a Clean Water Act lawsuit against Nor-Cal Beverage Co. Inc., a 10.5 acre beverage manufacturing and distribution facility in West Sacramento, for violations of the federal Clean Water Act and California General Industrial Stormwater Permit.  The lawsuit alleged that the facility discharged polluted stormwater, including aluminum, iron, zinc, copper, BOD, TSS, oil and grease, pH and SC above applicable levels into the Deep Water Ship Channel and thence the Sacramento River and Delta.

The settlement agreement obligates Nor-Cal Beverage 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, Nor-Cal Beverage agreed to send $40,000 to the Rose Foundation for Communities and the Environment to fund environmental projects to improve water quality in the Sacramento River and Delta.  They also agreed to reimburse CSPA’s costs of bringing suit.  The Law Offices of Andrew Packard represented CSPA in this matter.

Settlement Agreement

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