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CSPA Advisory August 13, 2010 

CSPA Sues Syar Concrete

By Bill Jennings, CSPA Executive Director
August 13, 2010 -- CSPA filed a lawsuit against Syar Concrete for massive violations of the federal Clean Water Act and the state's General Industrial Stormwater Permit. The facility is a 5.75-acre ready-mix concrete facility in Woodland California that discharges pollutants to the City of Woodland storm drain system, which flows untreated into the Tule Canal and thence to the Sacramento River and Sacramento-San Joaquin Delta.

The lawsuit alleges that wastes discharged from the facility egregiously exceed allowable standards and benchmarks for pollutants, including aluminum, iron, zinc, copper, pH, oil and grease, total suspended solids and nitrate + nitrate as N. 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 Syar Concrete 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; and 3) order defendants to immediately implement pollution control and treatment technologies, comply with monitoring and reporting requirements, prepare a legally adequate stormwater pollution plan, take appropriate actions to restore the quality of waters impaired by their its activities, 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.

Read the lawsuit.