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Judge Orders State ORV Park to Get Permit or Shut Down, Grants writ in CSPA and PEER lawsuit
by Bill Jennings, CSPA Executive Director
September 23, 2009 -- On Tuesday, 22 September 2009, Judge Roesch of the Alameda Superior Court ordered the Off Highway Motor Vehicle Recreational Division of the State's Department of Parks and Recreation to file a report of waste discharge and obtain a permit for pollutant discharges from the Carnegie State Vehicular Recreational Area (Carnegie SVRA). The off-road park discharges prodigious quantities of heavy metals and sediment into Corral Hollow Creek near Tracy California.
The California Sportfishing Protection Alliance (CSPA) and Public Employees for Environmental Responsibility (PEER) filed the lawsuit on 17 September 2009 alleging that the off-road park had failed to request and obtain the legally required permit for pollutant discharges from Carnegie's heavily used off-road trails. The lawsuit also alleged that the Park's Division had failed to comply with its own regulations requiring monitoring of soil loss and damage to wildlife habitat. The park is habitat to a number of species protected under state and federal endangered species acts.
A hearing on the Alternative Writ of Mandate was held on 22 September 2009. Judge Roesch granted the Writ ordering the Department of Parks and Recreations to “immediately submit a report of waste discharge” and to “immediately suspend all off-road highway motor vehicle activity at Carnegie SVRA” until they “have submitted an RWD and received waste discharge requirements.” In the event the Department fails to comply with the order, the court scheduled a “show cause” hearing for 4 December 2009.
Hopefully, the court's order will prompt the Carnegie SVRA to obtain required permits and begin instituting necessary measures to reduce and eliminate the massive discharge of pollutants into Corral Hollow Creek, as well as prohibiting the extensive motor vehicle activity in the creek itself. If not, CSPA and PEER are prepared to follow through in seeking sanctions against the Department of Parks and Recreation.