Eden Environmental Citizens Group, LLC filed a complaint in the Northern District of California against West Coast Metals, Inc..
The complaint alleges that the metals company violated the Clean Water Act (CWA) due to its pollution of the Russian River in northern California, reported The National Law Review. West Coast Metals collects, recycles and disposes of scrap waste and materials.
According to the complaint, West Coast Metals allegedly stores industrial materials outdoors that can be exposed to storm water, which are then eroded by wind and contaminate the surrounding watershed. Storm water likely flows over the surface of West Coast Metals facility, collecting sediment, dirt, metals and other pollutants which end up in the Russian River, adds the complaint, reported The National Law Review.
The issues mentioned in the complaint are: West Coast Metals' inadequate storm water pollution prevention plan; inadequate monitoring and reporting program; failure to implement conventional treatment technologies; failure to properly train facility employees; and the improper discharge of contaminated storm water.
Thus, the discharge of pollutants is in violation of the Clean Water Act and California’s Industrial General Permit, according to the complaint. The pollutants discharged into the Russian River from the facility negatively impacts the Russian River and surrounding areas, adds the complaint.
West Coast Metals was provided a notice of the facility’s violations and Eden’s intent to sue on Feb. 1, 2022, reported The National Law Review. More than 60 days have passed since the notice was served to the defendant, according to the notice.
Eden is seeking declaratory and injunctive relief, civil penalties of $51,570 per day/per violation for each violation of the CWA, and attorney’s fees and costs, reported The National Law Review.