CSPA serves notice on Air Liquide Industrial
by Bill Jennings, CSPA Executive Director
March 2, 2010 -- On 25 January 2010, CSPA sent a Notice of Intent to Sue Air Liquide Industrial U.S. LP, in Martinez California, for violations of the federal Clean Water Act (attached). The notice letter alleges that the 5-acre industrial site is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit to the storm drain system, which flows to Suisun Bay and thence to San Francisco Bay. Pollutants discharges above applicable limits include: total suspended solids, specific conductivity, nitrate, iron, aluminum and oil and grease
In addition to the facility's discharge of pollutants that exceed standards, Air Liquide 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 Air Liquide Industrial 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