Plaintiff Orange County Coastkeeper (OCC) filed a citizen enforcement provision Clean Water Act (CWA) suit against defendants Equestrian Services II, Inc. and HFT1, LLC for discharging pollutants into southern California’s Trabuco Creek, supposedly causing “irreparable damage to water quality” in the San Juan Creek watershed. The Tuesday-filed single count complaint averred that the defendants do not have the required National Pollutant Discharge Elimination System (NPDES) permit required to cover their operation as a medium-sized concentrated animal feeding operation (CAFO).
The plaintiff is a California non-profit public benefit corporation whose mission “is to protect the region’s water resources so they are swimmable, drinkable and fishable for present and future generations.” The complaint stated that OCC has over 1,400 members who “use and enjoy Trabuco Creek to swim, birdwatch, picnic, fish, hike, wade, bike, horseback ride, conduct scientific study and research, and/or for aesthetic enjoyment in and around these waters.”
According to the filing, the defendants own and operate the equestrian facility Sycamore Trail Stables, which lies adjacent to the Trabuco Creek. It allegedly discharges “polluted storm water that comes into direct contact with hundreds of stabled horses directly into Trabuco Creek” from its wash racks and its “process wastewater.” The latter is supposedly produced through maintenance activities, like washing, cleaning, dust control and using water that comes into contact with manure, litter, feed, and bedding. The complaint contended that the facility illegally discharges non-stormwater materials such as horse feed, manure, and bedding, sediment, trash, fertilizer, and rubberized horse footing, among others.
OCC claimed that the defendants’ conduct harmed its members’ interests through “loss, destruction or damage to wetlands and waterways; diminished aesthetic enjoyment; loss of open space and habitat for wildlife, including wading birds and federally protected species like Southern California Coast Steelhead; degraded water quality; and diminished quality of life.
OCC charged the defendants with making unpermitted discharges from a “Medium CAFO” without an NPDES permit in violation of the CWA. Specifically, the plaintiff contended that the defendants’ facility operates without contaminant management, a process wastewater storage system, proper diversion of clean water from operational areas, protocols for contaminant testing and for applying wastewater “in accordance with the site-specific nutrient management plan,” and has not kept adequate records.
Accordingly, OCC seeks declaratory and injunctive relief, in addition to the assessment of civil penalties, and reimbursement of its costs and fees.
Orange County Coastkeeper is represented by its own counsel.
