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CSPA settles lawsuit against Nelson's Marine for illegal pollution of SF Bay

March 10, 2009 -- CSPA has settled a Clean Water Act lawsuit against Nelson's Marine regarding serious violations of the California General Industrial Stormwater Permit at the boatyard located at Ferry Point in Alameda, California. A 60-day notice letter of intent to sue was sent in November 2008 and the lawsuit was filed in federal court on 12 January 2009. 

The actions alleged that Nelson's Marine illegally discharged excessive concentrations of total suspended solids, specific conductance, oil & grease, total organic carbon, copper, lead, zinc, iron and aluminum to San Francisco Bay in violation of their stormwater permit and the Clean Water Act.  The boatyard also failed to develop, implement and update: 1) Best Available and Best Conventional Treatment Technologies; 2) an adequate Stormwater Pollution Prevention Plan (SWPPP); and 3) an adequate monitoring and reporting plan.  It also accused the operators of falsely certifying compliance in their annual reports.

The Settlement Agreement has been submitted to the court as an enforceable Consent Decree and to the U.S. Department of Justice for review.  It obligates Waste Management to: 1) comply fully with the applicable requirements of the General Permit and Clean Water Act; 2) implement a suite of Best Management and Housekeeping Practices; 3) develop and implement a number of structural improvements; 4) conduct more frequent, comprehensive monitoring during rain events, and 5) prepare an adequate SWPPP. 

The agreement incorporates  “Meet & Confer” provisions that allow CSPA to return to court for enforcement if pollutant benchmarks continue to be exceeded and the parties cannot agree on additional measures to be implemented. As mitigation for past violations, Waste Management agreed to send $12,000 to the Rose Foundation for a Better Environment to fund environmental projects that will improve water quality.  They also agreed to reimburse CSPA's costs of bringing suit plus funds to oversee implementation of the agreement.

The Settlement Agreement is attached.