SAN DIEGO (Legal Newsline) – A nonprofit public benefit corporation alleges a California city's sewage collection system is leaking unauthorized discharges of sewage.
California River Watch filed a complaint on July 24 in the U.S. District Court for the Southern District of California against the city of Escondido citing the Federal Water Pollution Control Act, or Clean Water Act (CWA).
According to the complaint, between Jan. 12, 2013, and Jan. 12, 2018, River Watch claims the defendant violated the CWA as the foundation has identified unauthorized discharges of sewage by the city.
The plaintiff contends untreated sewage is discharged from cracks, displaced joints and eroded segments in the city of Escondido's sewer collection system into the groundwater hydrologically connected to surface waters, including Escondido Creek.
As a result, the plaintiff claims the allege discharges pose both a nuisance pursuant to California Water Code and an imminent and substantial endangerment to public health and the environment.
The plaintiff holds the city of Escondido responsible because the defendant allegedly violated and continues to violate the CWA as evidenced by its violations of the terms of its National Pollution Discharge Elimination System Facility Permit, which prohibits sewage system overflows and other discharges from the collection system.
The plaintiff seeks an injunction ordering the city to immediately operate its sewage collection system in compliance with CWA, provide a lateral inspection and repair program, pay civil penalties, attorneys' fees, and such other and further relief as the court deems just and proper. It is represented by Jack Silver of Law Office of Jack Silver in Sebastopol, California and David J. Weinsoff of Law Office of David J. Weinsoff in Fairfax, California.
U.S. District Court for the Southern District of California case number 3:18-cv-01635-AJB-JMA