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CSPA Sues Regional Water Board Over EID Discharge Permit: Permit violates fundamental regulatory requirements protecting streams
by Bill Jennings, Executive Director, CSPA
Stockton, CA - Monday, August 31, 2009. The California Sportfishing Protection Alliance (CSPA) has filed a lawsuit against the Central Valley Regional Water Quality Control Board (Regional Board) for issuing a permit to the El Dorado Irrigation District's (EID) Deer Creek Wastewater Treatment Plant. The facility discharges 3.6 million gallons of wastewater a day to the seriously degraded Deer Creek; tributary to the Consumes River, Mokelumne River and thence the Sacramento-San Joaquin River Delta estuary. The Complaint, filed in Sacramento Superior Court, alleges the Regional Board failed to comply with fundamental state and federal regulatory requirements in issuing the EID wastewater discharge permit.
“The Deer Creek permit represents another failure by the Regional Board to comply with laws designed to protect the water quality and fisheries of the Central Valley,” said CSPA Executive Director Bill Jennings.
“Nondiscretionary requirements crucial to protecting the environment are being routinely ignored by the Regional Board, under pressure from dischargers. Consequently, our rivers, streams and estuaries are becoming increasingly polluted,” he said.
Andrew Packard, an attorney representing CSPA stated that, “As the water quality of our streams continues to decline, the Regional Board is opening the pollution spigots more rather than ensuring that cities and industries take steps to reduce their already dangerous levels of pollution. California's water quality laws are supposed to protect water quality, not shield polluters from their requirements.”
The Petition of a Writ of Mandate alleges the Regional Board failed to comply with state and federal anti-degradation requirements, failed to included effluent limitations for constituents with a potential to exceed water quality standards, improperly established limits for metals, failed to include mandated monitoring requirements, ignored the administrative record and failed to comply with basic procedures for public comment and review.
The Law Offices of Andrew Packard, Michael Jackson Law Office and Jackson & Tuerck, Attorneys at Law, represent CSPA in this matter.
CSPA Petition and Writ of Mandate