On 15 November 2010, CSPA filed a lawsuit against Valley Slurry Seal Co., Inc. for massive violations of the federal Clean Water Act and the state’s General Industrial Stormwater Permit. The facility is a 24-acre asphalt emulsion manufacturing site in Redding California that discharges pollutants to Clear Creek, which flows to the Sacramento River and Sacramento-San Joaquin Delta.
The lawsuit alleges that wastes discharged from the facility egregiously exceed allowable standards and benchmarks for numerous pollutants. It further alleges 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, 3) develop and implement an adequate Monitoring and Reporting Program and 4) truthfully certify its annual reports.
The action asks the court to: 1) declare Valley Slurry Seal to be in violation of the law; 2) enjoin defendant from discharging pollutants to surface waters in violation of their permit and from further violating the substantive and procedural requirements of the permit; 3) order defendant to take appropriate actions to restore the quality of waters impaired by their its activities, and 4) pay civil penalties for each day of violation and reimburse CSPA the costs of bringing the complaint.
The Law Offices of Andrew Packard and Jackson & Tuerck are representing CSPA in this matter. Complaint