SAN FRANCISCO (Legal Newsline) – An environmental membership group alleges that a Santa Clara, California facility has inadequate measures in place to prevent the discharge of contaminated storm water.
Eden Environmental Citizen's Group LLC filed a complaint on Oct. 29 in the U.S. District Court for the Northern District of California against PWP Manufacturing LLC, Michael J. Reed, Kimberly K. Reed and Does 1-10 citing the Federal Water Pollution Control Act.
According to the complaint, PWP Manufacturing produces precision sheet metal and wire and operates a facility in Santa Clara. The plaintiff alleges that storm water is collected and discharged from the facility and the storm water discharges into Saratoga Creek and eventually into the San Francisco Bay.
The plaintiff alleges that there are "insufficient structural storm water control measures" at the facility and management practices are "inadequate" to prevent contaminated sources from discharging into U.S. waters. It alleges sampling results have reported "high pollutant levels," the suit states.
The plaintiffs hold PWP Manufacturing LLC, Michael J. Reed, Kimberly K. Reed and Does 1-10 responsible because the defendants allegedly failed to develop and implement an adequate monitoring and reporting program for the facility in violation of a general permit.
The plaintiffs request a trial by jury and seek judgment against defendants, declaratory and injunctive relief, civil penalties of $51,570 per day/per violation, attorneys’ fees and costs, and further relief as may be just and proper. It is represented by Hans W. Herb of Law Office of Hans W. Herb in Santa Rosa, California and Craig A. Brandt of Law Office of Craig A. Brandt in Oakland, California.
U.S. District Court for the Northern District of California case number 18-cv-6594