On 22 March 2011, CSPA filed a lawsuit against West Coast Metals, Inc., in Windsor, California for massive violations of the federal Clean Water Act and the state’s General Industrial Stormwater Permit. The Facility illegally discharges polluted stormwater into Pool Creek, which empties into Windsor Creek, which then flows into either the Russian River or Laguna de Santa Rosa.
The lawsuit alleges that wastes discharged from the facility egregiously exceed allowable standards and benchmarks for numerous pollutants, including total suspended solids, specific conductivity, chemical oxygen demand, pH, copper, lead, chromium, nickel and oil & grease. 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 West Coast Metals 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.
Lozeau Drury LLP is representing CSPA in this matter. Complaint