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California Sportfishing Protection Alliance
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CSPA gives Melrose Metal Products Notice of Intent to Sue for violations of the Clean Water Act

 

May 27, 2009 -- On 26 May 2009, CSPA sent a Notice of Intent to Sue Melrose Metal Products, in Fremont California, for violations of the federal Clean Water Act (attached).  The notice letter alleges that the 40-acre facility is illegally discharging polluted stormwater in violation of the substantive and procedural requirements of the General Industrial Stormwater Permit to the Fremont storm drain system, which flows to Mowry Slough and San Francisco Bay.

In addition to the facility's discharge of pH, iron, zinc, total suspended solids, specific conductivity and nitrate that exceed standards, Melrose Metal 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 Melrose Metal Products to see if the matter can be resolved prior to litigation.

 

CSPA's Notice of Intent to Sue