The nonprofit California Sportfishing Protection Alliance filed a civil suit against landscaping supply company DenBeste Yard & Garden Inc. on Monday for alleged violations of the Clean Water Act.
The DenBeste facility, located in Sonoma County, Calif., allegedly discharges pollutant-contaminated storm water into the Russian River, which feeds into the Pacific Ocean, without a National Pollutant Discharge Elimination System Permit, according to the complaint.
The complaint says that under the CWA, it is illegal to discharge pollutants from a point source into any body of water in the country without an NPDES permit, which contains discharge limits, monitoring and reporting requirements, and other provisions to ensure that the discharge does not harm water quality or human health. In California, the state may also issue industrial storm water general permits.
“The failure on the part of industrial facility operators, such as Defendant, to apply for and comply with the General Permit is recognized as a significant cause of the continuing decline in water quality of receiving waters,” the complaint states. “The general consensus among regulatory agencies and water quality specialists is that storm water pollution amounts to more than half the total pollution entering the aquatic environment each year.”
While DenBeste previously operated under the requirements of the CWA, its general permit expired in November 2015, and the company has failed to renew it despite repeated warnings from the CSPA.
The California Sportfishing Protection Alliance is seeking to enjoin DenBeste from discharging pollutants from its facility and from further violating the requirements of the CWA, as well as civil penalties of $59,973 per day per violation after November 2, 2015.
The plaintiff is represented by the Law Offices of Andrew L. Packard.
