CSPA serves notice on Baldwin Contracting
by Bill Jennings, CSPA Executive Director
March 2, 2010 -- On 12 February 2010, CSPA sent a Notice of Intent to Sue Baldwin Contracting Co., Inc., in Oroville California, for violations of the federal Clean Water Act (attached). The notice letter alleges that the 60-acre sand and gravel mining and processing facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit into Sawmill Ravine Creek and Dry Creek, all of which drain into the Sacramento River and thence the Sacramento-San Joaquin Bay Delta.
In addition to the facility's discharge of pollutants that exceed standards, Baldwin Contracting 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 Baldwin Contracting to see if the matter can be resolved prior to litigation.
The Law Offices of Andrew Packard and Jackson & Tuereck are representing CSPA in this matter.
CSPA's Notice of Intent