CSPA serves notice to Contech Construction Products for violating Clean Water Act
February 23, 2010 -- On 8 February 2010, CSPA sent a Notice of Intent to Sue Contech Construction Products, in Redding California, for violations of the federal Clean Water Act (attached). The notice letter alleges that the 33-acre sheet metal work facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit through stormwater drains into Canyon Hallow Creek Creek which drains into the Sacramento River and thence the Sacramento-San Joaquin Bay Delta. Pollutants discharges above applicable limits include: total suspended solids, zinc, iron, aluminum, oil & grease, nitrates and magnesium.
In addition to the facility's discharge of pollutants that exceed standards, Contech Construction Products 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 Contech Construction Products to see if the matter can be resolved prior to litigation.
Jackson & Tuereck and the Law Offices of Andrew Packard are representing CSPA in this matter.
CSPA's Notice of Intent to Sue