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CSPA to sue K&M Recycling/Waste Management for violating Clean Water Act


February 23, 2010 -- On 12 February 2010, CSPA sent a Notice of Intent to Sue K&M Recycling/Waste Management Recycle America LLC, in Sacramento California, for violations of the federal Clean Water Act.  The notice letter alleges that the 9.4-acre scrap and waste facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit through stormwater drains into the Sacramento storm drain system which drains into Morrison Creek thence into the Sacramento River and the Sacramento-San Joaquin Bay Delta. Pollutants discharges above applicable limits include: total suspended solids, specific conductivity, chemical oxygen demand, zinc, copper, aluminum and oil & grease.

In addition to the facility's discharge of pollutants that exceed standards, K&M Recycling/Waste Management 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 K&M Recycling/Waste Management 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