SACRAMENTO, Calif. (Legal Newsline) – Advocates and “irritated residents” have reached a settlement of their lawsuit against CertainTeed that alleges excessive emissions at its Chowchilla, Calif., plant.
On Feb. 25, the parties filed an amended notice of settlement, to which was attached the terms of a “confidential” settlement agreement. The plaintiffs include a group called the Association of Irritated Residents, as well as the San Joaquin Raptor/Wildlife Rescue Center, the Central Valley Safe Environment Network and Protect Our Water.
CertainTeed makes roofing, siding, ceilings and insulation. The lawsuit, filed July 31 in Sacramento federal court, says the company self-reported violations at least 55 times in five years prior.
The suit sought civil penalties of $37,500 per day for each violation before Nov. 2, 2015, and $47,357 per day after.
CertainTeed denied all liability in the settlement. It agreed to replace the existing stack at its Chowchilla plant with a new one made of stainless steel.
The settlement also implements continuous emissions monitoring systems improvements, like a new walk-in shelter at the base of the stack and the upgrade of the flow monitor to a Sick FLOWSIC 100 PH Ultrasonic.
Various other upgrades can be found in the settlement. Financially, CertainTeed is paying $72,500 to two groups – the Rose Foundation for Communities and the Environment and the San Joaquin Parkway and Conservation Trust – for projects aimed at reducing air pollution and rehabilitating habitats for wildlife.
Lawyers get $157,500. They are from the Aqua Terra Aeris Law Group.