CSPA Sues Waste Transfer Station in San Martin

On 9 January 2014, CSPA filed a lawsuit against Recology, Inc., for substantive and procedural violations of the federal Clean Water Act and California’s General Industrial Stormwater Permit.  The lawsuit alleges that Recology’s seven-acre San Martin waste transfer station illegally discharges polluted stormwater to Llagas Creek, which flows into the Pajaro River and Monterey Bay.  Pollutants discharged above applicable limits include: iron, zinc, copper, lead, aluminum, oil & grease, specific conductivity and total suspended solids.

In addition to the facility’s discharge of pollutants that exceed standards, the San Martin Transfer Station failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) implement an adequate monitoring and reporting program and 3) install management measures to reduce or prevent pollutants from entering waterways.

The action asks the court to: 1) declare Recology 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) take appropriate actions to restore the quality of waters impaired by their activities, and 4) pay civil penalties for each day of violation and reimburse CSPA the costs of bringing the complaint.   The Law Offices of Andrew Packard is representing CSPA in this matter.


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