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CSPA Advisory

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CSPA Advisory June 4, 2010 

CSPA Sends Notice of Intent to Sue to Redwood Empire Disposal

By Bill Jennings, CSPA Executive Director
June 4, 2010 -- CSPA and the Petaluma River Council sent a Notice of Intent to Sue Redwood Empire Disposal, Inc., in Santa Rosa California, for violations of the federal Clean Water Act (attached). The notice letter alleges that the 4.5-acre facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit into channels that flow into Todd Creek, which joins the Laguna de Santa Rosa, which in turn flows into the Russian River.

Pollutants discharges above applicable limits include: total suspended solids, pH, zinc, copper, lead, aluminum and oil & grease.

In addition to the facility's discharge of pollutants that exceed standards, Redwood Empire Disposal 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 with Redwood Empire Disposal to see if the matter can be resolved prior to litigation.

Lozeau Drury LLP is representing CSPA in this matter./p>

Read the Notice.