On 15 November 2010, CSPA filed a lawsuit against Viking Truck and Auto, Inc. for massive violations of the federal Clean Water Act, the state’s General Industrial Stormwater Permit and California’s Health & Safety Code (Proposition 65). The site is a 19-acre vehicle dismantling and recycling facility in Redding California that discharges pollutants to Churn 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; including total suspended solids, iron, zinc, copper, lead and aluminum. 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 lawsuit also alleges that Viking Truck and Auto discharged or released lead, arsenic, cadmium, mercury and nickel into sources of drinking water in violation of Proposition 65.
The action asks the court to: 1) declare Viking Truck and Auto 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 and Proposition 65; 3) order defendants to immediately implement pollution control and treatment technologies, comply with monitoring and reporting requirements and prepare a legally adequate stormwater pollution plan; 4) order defendant to take appropriate actions to restore the quality of waters impaired by their its activities, and 5) 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