The California Sportfishing Safety Alliance is suing the Clover Flat Landfill in Napa County over alleged violations of the federal Clear Water Act.
The go well with, filed Aug. 16, alleges “repeated and ongoing violations” on the landfill, situated simply south of Calistoga.
The go well with claims “storm water containing extreme pollution is being discharged from the power throughout rain occasions into channels that discharge into the unnamed creek, which discharges into the Napa River, which flows into the San Francisco Bay.”
It additionally alleges violations of a basic state stormwater allow, a State Water Sources Management Board order and a Nationwide Pollutant Discharge Elimination System allow.
The corporate has allegedly didn’t implement the “finest out there and economically achievable and finest standard remedy applied sciences” for whole suspended solids, iron, aluminum, nitrates and nitrites and “different probably unmonitored pollution,” and since Jan. 1, 2021, Clover Flat has allegedly discharged stormwater containing inappropriately excessive ranges of these pollution in addition to zinc, based on the go well with.
The corporate has additionally allegedly didn’t implement an sufficient stormwater air pollution prevention plan and to watch, report and adjust to “effluent limitation tips,” the go well with claims.
The plaintiffs additionally allege that so-called ceaselessly chemical substances — “PFAS” — had been present in floor water a half-mile downstream from Clover Flat and the corporate has didn’t implement an sufficient monitoring plan for these chemical substances.
The corporate stated in an emailed assertion that it has been in talks “to resolve points alleged by California Sportfishing Safety Alliance (CSPA) concerning the Industrial Basic Allow” since February.
“Following a website inspection, CSPA proposed a decision of the problems, however that decision implicated ongoing oversight by varied businesses. Among the points require approval by the Regional Water High quality Management Board’s employees,” based on the corporate’s assertion.
“As a result of the method of monitoring and reporting water high quality is an ongoing course of, CSPA determined to file a lawsuit whereas Regional Board’s employees is contemplating varied proposals by Clover Flat to make sure even better water high quality monitoring processes and, finally, better water high quality for your complete watershed,” the assertion reads.
“It’s anticipated that the CSPA lawsuit can be resolved amicably within the very close to future after additional steering is supplied by employees on the Regional Board,” the corporate stated.
In its go well with, the CSPA is asking for the corporate to be ordered to right the alleged violations and pay civil penalties of practically $60,000 per day per violation and lawyer’s charges and courtroom prices.
The go well with was filed in U.S. District Court docket for the Northern District of California in San Francisco and an preliminary case administration convention is scheduled for Nov. 17.
Attorneys for the CSPA did not instantly reply to a request for remark.
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