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CSPA serves notice on Tomara Pacific, Inc.


by Bill Jennings, Executive Director, CSPA

February 23, 2010 -- On 18 February 2010, CSPA filed a lawsuit against Tomara Pacific, Inc., for egregious and ongoing violations of the state's General Industrial Stormwater Permit. The 35,000 square foot industrial site in Fremont, California collects and discharges polluted stormwater through at least six location into the Fremont storm drain system which flows in San Francisco Bay. 
The lawsuit alleges that the facility's storm water discharges greatly exceed allowable standards and benchmarks for numerous pollutants, including oil & grease, turbidity, copper, lead and zinc.  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, and 3) develop and implement an adequate Monitoring and Reporting Program

The action asks the court to: 1) declare Defendants in violation of the law, 2) enjoin Defendants from discharging pollutants, 3) enjoin Defendants from further violating the substantive and procedural requirements of the General Permit, 4) pay civil penalties for each day of violation and 7) award CSPA the costs of bringing the complaint and resolving the matter in the public interest.

Lozeau Drury LLP and the Law Offices of Andrew Packard are representing CSPA in this matter.


CSPA's Notice of Intent to Sue