Posted by Dave Hurley
on 7/1/2008, 6:12 pm
76.20.97.22
CSPA Announces Intent to Sue City of Stockton over Clean Water Act Violations
The following is a press release from the California Sportfishing Protection Alliance (CSPA) regarding a formal Notice of Intent (NOI) to sue the City of Stockton for numerous violations of the federal Clean Water Act. The action concerns illegal spills from the sanitary collection system and violations of effluent limits for discharges into the San Joaquin River and Delta.
Interestingly, in an unrelated action, the Coalition for a Sustainable Delta, a group of Kern County water agencies, also issued a press release and NOI today of its intent to Sue the City of Stockton for illegal stormwater discharges. Both actions indicate an increasing focus on eliminating the massive quantities of pollution introduced into the California Delta. Agencies have attributed pollution to be one of the three major factors in the precipitous decline of Delta fish species, although most experts believe the massive exports of water to be the single most serious problem, according to Bill Jennings, executive director of CSPA.
I commend the CSPA for launching this lawsuit against a big polluter like the City of Stockton. At a time when our Central Valley salmon and delta smelt, longfin smelt, juvenile striped bass and threadfin shad populations are in a state of collapse, I'm glad that somebody is speaking up for the fish and the environment!
Dan
California Sportfishing Protection Alliance
“An Advocate for Fisheries, Habitat and Water Quality”
http://www.calsport.org
Press Release
For Immediate Release:
For information:
Bill Jennings, CSPA Executive Director, 209-464-5067, 209-938-9053 (cell)
Daniel Cooper, Lawyers for Clean Water, 415-440-6520x204, 415-819-3626 (cell)
California Sportfishing Protection Alliance to Sue City of Stockton
for Sewage Spills and Illegal Discharges
Stockton, CA - The California Sportfishing Protection Alliance (CSPA) today gave
formal notice, pursuant to the federal Clean Water Act (CWA), of its intent to sue the
City of Stockton for illegal sewage spills, overflows and discharges to the Sacramento-
San Joaquin Delta. The CWA requires that citizens enforcing the Act must provide a
discharger 60 days notice prior to filing the lawsuit. The CSPA letter puts Stockton on
notice that its municipal sanitary sewer collection and treatment system has illegally
allowed egregious quantities of raw sewage to overflow into city streets and the storm
water collection system and that the wastewater treatment facility has routinely violated
water quality limits in direct discharges to the San Joaquin River and Delta.
“Stockton’s wastewater control system is a public health and environmental hazard,” said
CSPA Executive Director Bill Jennings. “The City’s failure to provide adequate facilities
and acceptable levels of maintenance for wastewater control indicates an outrageous and
egregious disregard for the health of Stockton’s residents and poses a clear threat to the
integrity and survival of the Delta’s fish and wildlife resources. The spills and effluent violations
evidence incredibly poor environmental management.”
Several years ago, Stockton privatized its wastewater collection and treatment system by
transferring the system to OCI/Thames. Citizens vigorously opposed the effort and
subsequent litigation voided the deal and the city recent resumed control.
Since June of 2003, Stockton’s 900 miles of sanitary sewers have experienced almost
1,500 overflows/spills of raw sewage. For example, in 2005, there were 335 spills or
37.2 per 100 miles of pipe. In 2006, there were 371 spills or 41.2 per 100/miles. In
2008, there were already 95 spills by 7 April. A well-run collection system experiences 0
to 3 spills per 100 miles per year and California’s median spill rate is about 4 spills per
100 miles.
Sewage spills and overflows are serious health and environmental hazards. Because local
business and industry discharge into Stockton sewage system, sewage can contain
numerous dangerous chemical solvents, heavy metals like lead and mercury and wastes
that can impair immune and reproductive systems of Delta fish and wildlife.
Pathogens in untreated sewage can cause a multitude of illnesses in humans. Stockton residents
may be exposed to these pathogens when swimming, waterskiing, wading, fishing or
boating in local waterways and the Delta, as well as when sewage spills into homes,
streets, parks, schools and businesses.
Under a permit issued by the Central Valley Regional Water Quality Control Board,
Stockton’s wastewater treatment plant is allowed to discharge up to 55 million gallon per
day of treated sewage into the San Joaquin River. The Permit imposes specific
limitations on the effluent before it can be discharged to the river. It also imposes
specific monitoring requirements. Information available to CSPA reveals that Stockton
has violated its effluent limitations 604 times and violated monitoring requirements on
279 occasions.
Waterways in and around Stockton and the Delta are identified as “impaired” under the
CWA and as “Toxic Hot Spots” pursuant to California’s Bay Protection and Toxic
Cleanup Program. They are among the most polluted waters in the state. Numerous fish
species that reside in the Delta or use the Delta as a migratory corridor are protected
under state and federal endangered species acts. Pollution has been identified as one of
the three principle causes of the present catastrophic crash of pelagic species in the Delta
and declining salmonid populations in the Central Valley.
CSPA will seek injunctive and declaratory relief, to the extent provide by law, as well as
civil penalties. The CWA provides for civil penalties of up to $27,000 for each violation
occurring from 4 November 1999 to 15 March 2004 and up to $32,500 for each violation
occurring since 15 March 2004.
Daniel Cooper and Drevet Hunt of Lawyers for Clean Water, Inc., and Michael Lozeau
and Doug Chermak of Lozeau/Drury LLP. are representing CSPA in this matter.
CSPA is a public benefit conservation and research organization established in 1983
for the purpose of conserving, restoring, and enhancing the state’s water quality and fishery resources
and their aquatic ecosystems and associated riparian habitats. CSPA has actively promoted
the protection of water quality and fisheries throughout California before state and federal agencies,
the State Legislature and Congress and regularly participates in administrative and judicial proceedings.
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