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CSPA settles law suit with Waste Management of California: $32,000 to Rose Foundation for water quality projects
by Bill Jennings, Executive Director, CSPA
May 11, 2009 -- CSPA has settled a Clean Water Act lawsuit against Waste Management of California, Inc. (WMC) regarding serious violations of the Act and California's General Industrial Stormwater Permit. WMC is a California corporation that operates Central Valley Waste Services; a waste disposal, material recovery facility, transfer station and recycling facility in Lodi, California. The facility discharges polluted stormwater into a stormwater conveyance system that drains into the Mokelumne River. CSPA settled a similar lawsuit against WMC regarding its facility in Alameda California in February of this year.
A 60-day notice letter of intent to sue was sent in April 2008 and a Clean Water Act lawsuit was filed in federal court on 16 September 2008. The actions allege that WMC illegally discharged excessive concentrations of numerous pollutants in violation of their stormwater permit and the Clean Water Act. The facility also failed to develop, implement and update: 1) Best Available and Best Conventional Treatment Technologies; 2) an adequate Stormwater Pollution Prevention Plan (SWPPP); and 3) an adequate monitoring and reporting plan.
The Settlement Agreement has been submitted to the court as an enforceable Consent Decree and to the U.S. Department of Justice for review. It obligates WMC to: 1) comply fully with the applicable requirements of the General Permit and Clean Water Act; 2) implement a suite of Best Management and Housekeeping Practices; 3) collect and route stormwater runoff to a treatment system, plus other structural improvements; 4) conduct more frequent and more comprehensive monitoring during rain events, and 5) prepare an adequate SWPPP. The agreement incorporates “Meet & Confer” provisions that allow CSPA to return to court for enforcement if pollutant benchmarks continue to be exceeded and the parties cannot agree on additional measures to be implemented.
As mitigation for past violations, Sims agreed to send $32,500 to the Rose Foundation for a Better Environment to fund environmental projects that will improve water quality. They also agreed to reimburse CSPA's costs of bringing suit plus funds to oversee implementation of the agreement.
Lozeau, Drury LLP and the Law Offices of Andrew Packard represented CSPA in this matter.