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CSPA sues Tri City Rock, Fremont for violations of the Clean Water Act
August 13, 2009 -- CSPA filed a lawsuit against Tri City Rock, Inc. in federal court on 11 August 2009, for numerous violations of the storm water provisions of the federal Clean Water Act. Tri City Rock operates a ready-mix concrete, building materials, and landscaping materials facility in Fremont California. The 3.75-acre facility discharges contaminated stormwater to the City of Fremont's storm drain system, which empties into either Coyote Creek or Mowry Slough, and then to San Francisco Bay. A 60-day notice letter of intent to sue was sent 26 May 2009.
The complaint alleges that Tri City Rock: _1) failed to implement best available technology pollution controls, _2) failed to have an adequate Stormwater Pollution Prevention Plan, _3) failed to implement an adequate monitoring and reporting program, _4) illegally discharged contaminated stormwater exceeding standards for total suspended solids, iron, electrical conductivity and pH in violation of effluent limitations and _5) falsely certified their compliance in their annual reports to the state.
The complaint asks the court to declare Tri City Rock to be in violation of the CWA and enjoin them from discharging polluted stormwater. It further requests that they prepare and implement effective pollution control measures, develop and adequate pollution prevention plan and monitoring program, pay appropriate civil penalties for violations and reimburse CSPA its costs of bringing suit.
Lozeau/Drury LLP and the Law Office of Andrew Packard are representing CSPA in this matter. Amicable settlement discussions are proceeding and we are hopeful the case will settle before trial.