On Tuesday, the Los Angeles Waterkeeper filed a complaint in the Central District of California against Senior Operations LLC for violating the Clean Water Act and California’s Storm Water Permit.
In the complaint, the plaintiff states it is a California non-profit public benefit corporation dedicated to the preservation, protection and defense of the environment, wildlife and natural resources of Los Angeles’ surface waters. The plaintiff states its members work, own homes and live in Los Angeles County and use and enjoy the waters near the defendant’s facility.
According to the complaint, Senior Operations LLC is a Delaware corporation doing business as Senior Aerospace SSP in Burbank, California. The complaint further states the defendant owns and operates a facility in Burbank for the primary purpose of designing and manufacturing high-pressure air ducting systems, precision sheet metal fabrications and other fabricated metal parts for the aerospace industry.
The complaint states in order to discharge stormwater lawfully in California, an industrial discharger must secure a California Storm Water Permit authorized under the Clean Water Act and approved by the EPA. The complaint further states the California Storm Water permit and the Clean Water Act require strict adherence to certain absolute prohibitions on pollution, a Storm Water Pollution Prevention Plan and monitoring and reporting requirements.
The plaintiff alleges that the defendant’s improper storage of its industrial materials has resulted in the discharge of polluted stormwater, containing impermissible levels of TSS, zinc, aluminum, lead and iron, into the Los Angeles River, the Queensway Bay and connecting waterways. Further, the plaintiff alleges that this pollution is in violation of the defendant’s EPA-approved California Storm Water Permit and the Clean Water Act. Specifically, the plaintiff states the elevated level of pollutants in the defendant’s storm water is prohibited, the defendant failed to adhere to the monitoring and reporting requirements and the defendants current Storm Water Pollution Prevention Plan is in violation of its California Storm Water Permit.
The plaintiff argues the defendant’s violations of its California Storm Water Permit and the Clean Water Act has and will continue to adversely affect its members’ use and enjoyment of the Los Angeles River and its connecting waterways.
The plaintiff seeks declaratory and injunctive relief and civil penalties of $56,460.00 per day for each violation as permitted by 33 U.S.C. § 1319(d) for the defendants alleged violation of its California Storm Water Permits and the Clean Water Act. The plaintiff is represented by Aqua Terra Aeris Law Group.