On 5 July 2011, CSPA filed a lawsuit against All Star Auto Wrecking, Inc., for violations of the federal Clean Water Act, the state’s General Industrial Stormwater Permit and Proposition 65; i.e., Section 35349.5 et seq. of the California Health and Safety Code. The site is an auto dismantling and recycling facility in Corning that discharges pollutants to stormwater drains that discharge to Rice Creek, which flows into Sour Grass Creek which drains to Burch Creek and ultimately to the Sacramento River and the 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, lead, copper and zinc. It also alleges that lead and lead compounds are discharged into sources of drinking water. 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, and 3) develop and implement an adequate Monitoring and Reporting Program.
The action asks the court to: 1) declare All Star Auto Wrecking 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 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.