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CSPA Action Alert May 17, 2010 

CSPA Sues Chico Scrap Metal for Pollution at 3 Sites

May 17, 2010 -- CSPA filed a lawsuit against three recycling facilities operated by Chico Scrap Metal for massive violations of the federal Clean Water Act and the state's General Industrial Stormwater Permit. (Attached). The sites are 1) 878 east 20th Street in Chico, which discharges to Comanche Creek thence the Sacramento River; 2) 1855 Kusel Road in Oroville, which discharges to Honcut Creek, thence the Feather and Sacramento Rivers; and 3) 766 Chico-Oroville Highway in Durham, which discharges to Butte Creek and thence the Sacramento River. A Notice Letter of Intent to Sue was issued on 17 March 2010.

The facilities' primary industrial activities are receiving, storing, reclaiming, processing and recycling scrap materials and other waste, including salvage vehicles.

The lawsuit alleges that waste discharges from the facilities 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 the Chico Scrap metal facilities to be in violation of the law, 2) enjoin defendant from discharging pollutants, 3) enjoin defendant from further violating the substantive and procedural requirements of the 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.

The Law Offices of Andrew Packard and Jackson & Tuerck are CSPA's attorneys in this matter.v

Read CSPA’s lawsuit here.