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CSPA charges Melrose Metals pollutes bay with zinc and iron
August 13, 2009 -- CSPA filed a lawsuit against Melrose Metal Products, Inc. in federal court on 11 August 2009, for numerous violations of the storm water provisions of the federal Clean Water Act. Melrose Metal operates a four-acre facility that designs, manufactures and installs a variety of metal work products, including emission control systems, heat exchangers, automotive plant systems, process machinery, conveyors, elevators and food processing equipment. The facility is located in Fremont California and discharges contaminated stormwater through four discharge points either to a channel adjacent to the facility, which flows to San Francisco Bay, or to the City of Fremont's storm drain system, which empties into either Coyote Creek or Mowry Slough, and then to the Bay. A 60-day notice letter of intent to sue was sent 26 May 2009.
The complaint alleges that Melrose Metal: 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 suspended solids, zinc N+N, iron, pH, electrical conductance and other unmonitored pollutants in violation of effluent limitations and 5) falsely certified their compliance in their annual reports to the state.
Melrose Metals Complaint
The complaint asks the court to declare Melrose Metal 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're hopeful the case will settle before trial.