Lawsuit Filed Against Building Material Facility for Storm Water Violations

March 22, 2022

There are insufficient structural storm water control measures and best management practices at the facility to prevent contaminated storm water from discharging pollutants into the Consumnes River, according to the lawsuit.

Central Valley Eden Environmental Defenders, LLC filed a lawsuit in the Eastern District of California against Building Material Distributors, Inc.

The lawsuit alleges violations of the Federal Water Pollution Control Act, reported Law Street Media.

The complaint addresses Building Material Distributors, Inc., a California corporation located in Galt, California, that distributes construction building materials and maintains its own trucking fleet. According to the complaint, the defendant stores industrial materials outdoors that are exposed to storm water, eroded by wind and contaminates the surrounding watershed.

According to Eden Environmental Defenders, LLC, the storm water at the defendant’s facility allegedly collects suspended sediment, dirt, metals and other pollutants. These ultimately flow towards the facility’s storm water channels and into California’s waterways, reported Law Street Media. More specifically, pollutants are discharged into the Consumnes River, a tributary of the Sacramento-San Joaquin River Delta Waterways.

There are insufficient structural storm water control measures and best management practices at the facility to prevent contaminated storm water from discharging pollutants into the Consumnes River, according to the lawsuit, reported Law Street Media.

The lawsuit addresses that the discharge of pollutants from contaminated storm water flowing over the defendant’s facility causes irreparable harm to its members, impacting aesthetic and recreational interest in the Consumnes River and other waterways.

According to Law Street Media:

“So far, Eden has brought seven causes of action against Building Material Distributors, Inc. including: failure to prepare, implement, review and update an adequate Storm Water Pollution Prevention Plan; failure to develop and implement an adequate monitoring and reporting program; submission of false annual reports to the regional water board; failure to implement the best available and conventional treatment technologies; discharges of contaminated storm water in violation of permit conditions and the Clean Water Act; failure to comply with required exceedance response actions; and failure to properly train facility employees and pollution prevention team.” 

As a result, Eden is seeking declaratory and injunctive relief and civil penalties of $56,460.00 per day/per violation for each violation of the Clean Water Act, attorney’s fees and costs, reported Law Street Media.  

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