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CSPA files suit vs. aggregate company, working with company for cleanup and compliance

March 26, 2009 -- CSPA filed a lawsuit against Castle & King, Inc. in federal court yesterday for numerous violations of the storm water provisions of the federal Clean Water Act.  Castle & King is a two-acre facility that receives, stores and transports aggregate materials for the manufacture of concrete in Vacaville California.  The facility discharges contaminated stormwater through four discharge points to the local storm conveyance system and/or Alamo Creek, which drains into Cache Slough, tributary to the Sacramento River and Delta.  A 60-day notice letter of intent to sue was sent 20 January 2009.

The complaint alleges that Castle & King: 1) failed to implement best available technology pollution controls, 2) failed to have an adequate Stormwater Pollution Prevention Plan, 3) failed to implement an adequate monitoring and reporting program (did not monitor for iron, aluminum, arsenic, CPD, chromium, copper, manganese, nickel, nitrate+nitrite and zinc that are likely present), 4) illegally discharged contaminated stormwater (high concentrations of EC, TSS, pH), and 5) falsely certified their compliance in their annual reports to the state.

The complaint asks the court to declare Castle & King to be in violation of the CWA and enjoin them from discharging polluted stormwater.  It further requests that they prepare and implement effective pollution control measures, develop and adequate pollution prevention plan and monitoring program, and pay appropriate civil penalties for violations. An award is requested in favor of CSPA to reimburse CSPA its costs of bringing suit.  The Law Office of Andrew Packard is representing CSPA in this matter.

Amicable settlement discussions are proceeding and we are hopeful the case will settle before trial.

CSPA vs. Castle & King Complaint