On 21 October 2013, CSPA filed a lawsuit against Guntert Sales & Zimmerman in Ripon California for substantive and procedural violations of the federal Clean Water Act and the state’s General Industrial Stormwater Permit. The facility is used for the processing, fabrication and storage of various sheet metals and metal products and discharges polluted stormwater into the City of Ripon’s storm drain system, which flows into the Stanislaus River and thence to the San Joaquin River and ultimately the Sacramento River and Delta.
The lawsuit alleges that discharged wastes egregiously exceed allowable standards and benchmarks for numerous pollutants. It further alleges that 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 Guntert Sales & Zimmerman to be in violation of the law; 2) enjoin defendants 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 Prevention Plan; 4) order defendants 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 is representing CSPA in this matter.