The California Sportfishing Protection Alliance filed a complaint against Clover Flat Land Fill Inc., alleging the defendant violated the Federal Water Pollution Control Act (FWPCA) by discharging polluted stormwater out of their Clover Flat Resource Recovery Park and Landfill industrial facility.
The plaintiff is a non profit public benefit organization with the aim of protecting, preserving, and defending the environment, the complaint says; the defendant allegedly operates the Clover Flat Resource Recovery Park and Landfill.
According to the complaint, since January 1 2021, the defendant has continued to violate the FWPCA, the General Industrial Stormwater Permit issued by California, and the National Pollutant Discharge Elimination System (NPDES) general permit.
The complaint asserts that the Clean Water Act prohibits the discharge of any pollutant into waters of the United States unless it complies or the discharger has a state-issued, federally-approved permit (NPDES).
The complaint states, “Storm water runoff from industrial sites such as the Facility causes harm to humans and aquatic life. … Exposure and ingestion of heavy metals can cause health problems in people and aquatic animals, including neurological, physiological, and reproductive effects.”
The plaintiff seeks the following for relief: seeks declaratory and injunctive relief, an award of civil penalties and costs, including attorney and expert witness fees.
The plaintiff is represented by Lozeau Drury LLP.