On 29 November 2010, CSPA filed a lawsuit against Butte County’s Neal Road Landfill and Recycling Facility for violations of the federal Clean Water Act, the state’s General Industrial Stormwater Permit. The site is a 187-acre landfill in Chico that is used to dispose of municipal solid waste and industrial waste California and discharges pollutants through at least four discharge points to Butte Creek, which drains to the Sacramento River and ultimately to the 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, and 3) develop and implement an adequate Monitoring and Reporting Program.
The action asks the court to: 1) declare Butte County’s Neal Road Landfill 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.
Jackson & Tuerck and the Law Offices of Andrew Packard are representing CSPA in this matter. Complaint