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CSPA Advisory June 28, 2010 

CSPA Sues Sierra Pacific Industries

By Bill Jennings, CSPA Executive Director
June 28, 2010 -- CSPA filed a lawsuit against Sierra Pacific Industries for massive violations of the federal Clean Water Act and the state's General Industrial Stormwater Permit. Sierra Pacific Industries operates a 60-acre sawmill facility in Burney, California. The facility discharges pollutants to Canyon Creek and Burney Creek, which ultimately flow into the Sacramento River and the Sacramento-San Joaquin Delta.

The lawsuit alleges that waste discharges from the facility egregiously exceed allowable standards and benchmarks for numerous pollutants, including total suspended solids, specific conductivity, oil and grease, zinc and chemical oxygen demand. 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 Sierra Pacific Industries to be in violation of the law, 2) enjoin defendant from discharging pollutants to surface waters, 3) enjoin defendant from further violating the substantive and procedural requirements of the permit, 4) order defendant to immediately implement pollution control measures that meet BAT and BCT technologies, prepare an adequate stormwater pollution prevention plan, comply with monitoring and reporting requirements, take appropriate actions to restore the quality of waters impaired by their activities, 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 CSPA's attorneys in this matter.

Read the lawsuit.