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California Sportfishing Protection Alliance
“Conserving California’s Fisheries"

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CSPA sues Lake County for violations of the state's Stormwater Permit

 

April 24, 2009, CSPA filed a lawsuit against Lake County on April 22nd, for egregious and ongoing violations of the state's General Industrial Stormwater Permit. The County operates a 80-acre sanitary landfill in Eastlake, California which has been cited by the Regional Board for numerous violations of the Permit over the past several years.  Runoff from the landfill, which occupies a former canyon in the headwaters of Molesworth Creek, drains in the winter and early spring months to Clear Lake.  Along the eastern border of the Landfill, an unnamed creek receives runoff from the Landfill and discharges into Cache Creek, which is a tributary to the Sacramento River and the Sacramento-San Joaquin Delta. 
 
The lawsuit alleges that the landfill’s storm water discharges greatly exceed allowable standards and benchmarks for numerous pollutants.  It further alleges the facility has failed to: 1) develop and implement standard Best Available and Best Conventional Treatment Technologies, 2) develop and implement an adequate Stormwater Pollution Prevention Plan, and 3) develop and implement an adequate Monitoring and Reporting Program

The action asks the court to: 1) declare Defendants in violation of the law, 2) enjoin Defendants from discharging pollutants, 3) enjoin Defendants from further violating the substantive and procedural requirements of the General Permit, 4) comply with monitoring and reporting requirements, 5) prepare a legally adequate Stormwater Pollution Prevention Plan, 6) pay civil penalties for each day of violation and 7) award CSPA the costs of bringing the complaint and resolving the matter in the public interest.

The Law Offices of Andrew Packard, and Lozeau Drury LLP, are CSPA's attorneys in this matter.