CSPA ready to sue Vallejo USD Transportation
by Bill Jennings, CSPA Executive Director
February 23, 2010 -- On 22 January 2010, CSPA sent a Notice of Intent to Sue Vallejo Unified School District Transportation, in Vallejo California, for violations of the federal Clean Water Act (attached). The notice letter alleges that the 110,000 square foot industrial site is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit through stormwater drains into the Vallejo storm drain system which flows into Austin Creek thence into the Napa River and San Pablo Bay.
In addition to the facility's discharge of pollutants that exceed standards, Vallejo Unified Transporation failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) implement an adequate monitoring and reporting program; 3) sample required parameters; 4) install management measures to reduce or prevent pollutants from entering waterways and 5) file true and correct annual reports.
Pursuant to the citizen-suit provisions of the federal Clean Water Act, CSPA is required to send a potential defendant a notice letter informing them of the specific violations that have been identified. The USEPA, US Department of Justice, state Attorney General and the Regional Water Quality Board are copied and, if the agencies fail to initiate enforcement actions within 60 days, CSPA is free to file a lawsuit against the discharger. CSPA has offered to meet with Vallejo Unified Transportation to see if the matter can be resolved prior to litigation.
Lozeau Drury LLP and the Law Offices of Andrew Packard are representing CSPA in this matter.
CSPA's Notice of Intent to Sue