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CSPA Advisory June 1, 2010 

CSPA Sends Notice of Intent to Sue to Davis Waste Removal

By Bill Jennings, CSPA Executive Director
June 1, 2010 -- CSPA and the Petaluma River Council sent a Notice of Intent to Sue Davis Waste Removal Co., Inc., in Davis California, for violations of the federal Clean Water Act (attached). The notice letter alleges that the 7-acre facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit into the city storm drain system, which empties into the Yolo Bypass, which is part of the Sacramento-San Joaquin Delta.

Pollutants discharges above applicable limits include: total suspended solids, specific conductivity, chemical oxygen demand, pH, iron, zinc, copper, lead, aluminum and oil & grease.

In addition to the facility's discharge of pollutants that exceed standards, Davis Waste Removal failed to: 1) prepare an adequate Stormwater Pollution Prevention Plan, 2) implement an adequate monitoring and reporting program; 3) sample required parameters; 4) install management measures to reduce or prevent pollutants from entering waterways and 5) file true and correct annual reports.

Pursuant to the citizen-suit provisions of the federal Clean Water Act, CSPA is required to send a potential defendant a notice letter informing them of the specific violations that have been identified. The USEPA, US Department of Justice, state Attorney General and the Regional Water Quality Board are copied and, if the agencies fail to initiate enforcement actions within 60 days, CSPA is free to file a lawsuit against the discharger. CSPA has offered to meet Davis Waste Removal to see if the matter can be resolved prior to litigation.

Lozeau Drury LLP is representing CSPA in this matter.

Read the Notice.