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CSPA sues Waste Management of Alameda County for massive discharges of  oil & grease, aluminum, copper, iron, zinc, lead and other pollutants

By Bill Jennings, Chairman and Executive Director, CSPA
July 25, 2008. On July 21, CSPA filed a, "Complaint for declaratory and injunctive relief and civil penalties," alleging that the Davis Street Transfer Facility of Waste Management, Alameda County, illegally discharges massive quantities of oil & grease, aluminum, copper, iron, zinc, lead and other pollutants directly to San Francisco Bay or to a municipal storm drain that flows to the Bay in violation of industrial storm water requirements of the federal Clean Water Act.  Numerous violations of monitoring and reporting requirements and a failure to implement basic management measures to reduce or eliminate polluted runoff are included in the complaint.

CSPA asks the court to enjoin Waste Management from discharging polluted storm water and violating the procedural requirements of the Act.  It also asks the court to require implementation of appropriate pollution control and treatment technologies and measures and compliance with mandated monitoring and reporting requirements.  It further seeks imposition of appropriate civil penalties for continuing violations.

CSPA and Waste Management continue to engage in settlement negotiations that will likely result in an environmentally protective settlement prior to trial.  In a show of good faith, CSPA filed the lawsuit but elected not to serve it on the defendant as long as settlement discussions remain productive.

CSPA has also sent another facility of Waste Management, located in Lodi California, a 60-day notice letter of an intent-to-sue for violation of the Clean Water Act.  The Lodi facility discharges into the Mokelmune River.  Settlement discussions at the Lodi facility site are also proceeding. 

Thankfully, Waste Management has been unusually proactive in seeking to resolve the disputes, communication has been good and the interaction between our respective consultants has been fruitful at both facilities.