Nonprofits allege San Diego facilities are unlawfully discharging polluted storm water

By Jenie Mallari-Torres | Aug 10, 2018

SAN DIEGO (Legal Newsline) – Two nonprofit corporations allege facilities in a California city are unlawfully discharging contaminated storm water.

San Diego Coastkeeper and Coastal Environmental Rights Foundation filed a complaint on July 31 in the U.S. District Court for the Southern District of California against the city of San Diego citing the Federal Water Pollution Control Act, or Clean Water Act.

According to the complaint, the plaintiffs allege the city is unlawfully discharging pollutants in storm water from five facilities in the city and that the storm water eventually discharges into the Pacific Ocean.

The plaintiffs hold city of San Diego responsible because the defendant allegedly has discharged and continues to discharge contaminated storm water from the facilities in violations of an industrial permit.

The plaintiffs seek judgment against defendant, civil monetary penalties of $37,500 per day per violation of the Clean Water Act, costs of suit, including attorney, witness, expert, and consultant fees, and other relief as the court may deem appropriate. 

They are represented by Matt O'Malley and Josh Brooks of San Diego Coastkeeper in San Diego and Marco A. Gonzalez and Livia Borak Beaudin of Coast Law Group LLP in Encinitas, California.

U.S. District Court for the Southern District of California case number 18-cv-01757

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