CSPA Advisory

CSPA Action Alert April 13, 2010 

CSPA Sues Baldwin Contracting Company

April 13, 2010 -- CSPA filed a lawsuit against Baldwin Contracting Company, Inc. for massive violations of the state's General Industrial Stormwater Permit. A Notice Letter of Intent to Sue was issued 12 February 2010.

The 60-acre sand and gravel mining and processing facility is located in the Oroville California and discharges polluted storm water runoff to Sawmill Ravine Creek and Dry Creek, which ultimately flow into the Sacramento River.

The lawsuit alleges that waste discharges from Baldwin Contracting Company greatly exceed allowable standards and benchmarks for numerous pollutants. It further alleges the facility has failed to: 1) develop and implement standard Best Available and Best Conventional Treatment Technologies, 2) develop and implement an adequate Stormwater Pollution Prevention Plan and 3) develop and implement an adequate Monitoring and Reporting Program.

The action asks the court to: 1) declare Baldwin Contracting Company to be in violation of the law, 2) enjoin defendant from discharging pollutants, 3) enjoin defendant from further violating the substantive and procedural requirements of the permit, 4) comply with monitoring and reporting requirements, 5) prepare a legally adequate Stormwater Pollution Prevention Plan, 6) pay civil penalties for each day of violation and 7) award CSPA the costs of bringing the complaint.

The Law Offices of Andrew Packard Jackson & Tuerck are CSPA's attorneys in this matter.