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California Sportfishing Protection Alliance
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CSPA gives notice of intent to sue Discovery Bay regarding illegal discharge of polluted stormwater

 

May 11, 2009 -- CSPA sent a Notice of Intent-to-Sue for violations of the federal Clean Water Act on May 11, 2009 to the Town of Discovery Bay and Southwest Water Company (attached).  Southwest Water Company operates the Discovery Bay Wastewater Treatment Facility.  The notice letter alleges that the Discovery Bay Wastewater Treatment Facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit to Old River, within the statutory Sacramento-San Joaquin Delta.

In addition to the facility's discharge of pollutants far exceeding applicable standards, operators of the facility failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) implement an adequate monitoring and reporting program; 3) sample required parameters; 4) install necessary controls 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 Discovery Bay to see if the matter can be resolved prior to litigation.

 

CSPA Notice of Intent