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Thursday, August 22, 2019

California Environmental Protection Association alleges West Coast Metals is discharging pollutants into creek

By Noddy A. Fernandez | Jun 1, 2018

SAN FRANCISCO (Legal Newsline) – An environmental organization alleges a scrap metal recycling facility in California is unlawfully discharging pollutants into bodies of water.

California Environmental Protection Association filed a complaint on May 22 in the U.S. District Court for the Northern District of California against West Coast Metals, Jack Gardner, Shiloh Road LLC, Lynn C. Fritz and Does 1-10 over alleged violation of the Federal Water Pollution Control Act.

According to the complaint, West Coast Metals is a waste and scrap metals recycling facility in Windsor, California. The plaintiff alleges that the facility discharges storm water and pollutants into Pruitt Creek, which leads to the Laguna de Santa Rosa and the Russian River. The plaintiff alleges since January 2017, a storm water pollution prevention plan has not been implemented at the facility.

The plaintiff holds West Coast Metals, Gardner, Shiloh Road LLC, Fritz and Does 1-10 responsible because the defendants allegedly failed to prepare, implement, review, and update an adequate storm water pollution prevention plan; failed to develop and implement an adequate monitoring and reporting program; and failed to implement the best available and best conventional treatment and technologies.

The plaintiff seeks an order for the defendant to pay civil penalties, take appropriate actions to restore the quality of United States waters impaired by its activities, award attorneys' fees, costs and such other and further relief as may be just and proper. It is represented by Xhavin Sinha of Sinha Law in San Jose, California.

U.S. District Court for the Northern District of California case number 3:18-cv-03015-EMC

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Sinha Law U.S. District Court for the Northern District of California

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