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CSPA sues Sims Metals for discharge of heavy metals into Sacramento watershed
March 26, 2009 -- CSPA has sent a notice of intent to sue Sims Group USA for violations of Proposition 65 (California Health and Safety Code). Prop. 65 prohibits the discharge of cancer causing contaminates into sources of drinking water. Sims operates a scrap metal collection and recycling facility in Rancho Cordova California. The notice letter alleges Sims illegal discharged Prop. 65 listed toxins; including lead, lead compounds, nickel, nickel compounds, cadmium, arsenic and mercury into storm conveyance systems that drain into Morrison Creek and the Sacramento River.
CSPA has a continuing lawsuit against Sims for serious violations of he federal Clean Water Act that was filed in April 2008. That Clean Water Act lawsuit alleges that the facility illegally discharged excessive concentrations of specific conductivity, chemical oxygen demand, total suspended solids, aluminum, copper, iron, lead, zinc in violation of the act. The facility also failed to develop, implement and update: 1) Best Available and Best Conventional Treatment Technologies; 2) an adequate Stormwater Pollution Prevention Plan (SWPPP); 3) an adequate monitoring and reporting plan and 4) falsely certified compliance in their annual reports.
Extended settlement negotiations have recently turned proactive and CSPA believes an amicable settlement of both issues is likely to be reached in the near future.