On 21 December 2010, CSPA filed a lawsuit against Sierra Pacific Industries for violations of the federal Clean Water Act. The 40-acre millwork facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit into stormwater conveyances, which drain to the Sacramento River and ultimately to the Sacramento-San Joaquin Delta.
In addition to the facility’s discharge of pollutants that exceed standards, Sierra Pacific Industries failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan; 2) develop and implement the Best Available and Best Conventional Treatment Technologies; 3) implement an adequate monitoring and reporting program; 4) sample required parameters; and 5) file true and correct annual reports.
The action asks the court to: 1) declare Sierra Pacific Industries 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.
The Law Offices of Andrew Packard and Jackson & Tuerck are representing CSPA in this matter. Complaint