CSPA Advisory

CSPA Action Alert May 19, 2010 

CSPA Sues Recology for Pollution

May 19, 2010 -- CSPA filed a lawsuit against Recology of Butte, Colusa Counties for massive violations of the state's General Industrial Stormwater Permit. Recology operates a thirteen-acre municipal solid waste disposal and recycling facility in Oroville, California. The facility discharges to the Feather River. A Notice Letter of Intent to Sue was issued 17 March 2010.

The lawsuit alleges that waste discharges from the facility greatly exceed allowable standards and benchmarks for numerous pollutants, including; total suspended solids, specific conductivity, oil & grease, chemical oxygen demand, aluminum, copper, iron, lead and zinc. 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 Recology 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.

Jackson & Tuerck and the Law Office of Andrew Packard are representing CSPA in this matter.