The California Sportfishing Protection Alliance is suing the Clover Flat Landfill in Napa County, California, over alleged violations of the federal Clean Water Act.
The suit alleges "repeated and ongoing violations" at the landfill, reported SF Gate. The suit also claims "storm water containing excessive pollutants is being discharged from the facility during rain events into channels that discharge into the unnamed creek, which discharges into the Napa River, which flows into the San Francisco Bay."
There are alleged violations of: a general state stormwater permit; a State Water Resources Control Board order; and a National Pollutant Discharge Elimination System permit. Even further, the suit alleges that the company does not have an adequate stormwater pollution prevention plan and has not implemented a proper monitoring plan for PFAS chemicals, which were found in surface water a half-mile downstream from Clover Flat.
The suit also cites that the company has allegedly failed to implement adequate treatment technologies for total suspended solids, iron, zinc, aluminum, nitrates and nitrites and other unmonitored pollutants.
Additionally, Clover Flat has allegedly discharged stormwater with high levels of said pollutants since Jan. 1, 2021, adds the suit, reported SF Gate.
The company said in an emailed statement that it has been in talks "to resolve issues alleged by California Sportfishing Protection Alliance (CSPA) regarding the Industrial General Permit" since February, reported SF Gate. "Following a site inspection, CSPA proposed a resolution of the issues, but that resolution implicated ongoing oversight by various agencies. Some of the issues require approval by the Regional Water Quality Control Board's staff."
"Because the process of monitoring and reporting water quality is an ongoing process, CSPA decided to file a lawsuit while Regional Board's staff is considering various proposals by Clover Flat to ensure even greater water quality monitoring processes and, ultimately, greater water quality for the entire watershed," adds the statement. "It is anticipated that the CSPA lawsuit will be resolved amicably in the very near future after further guidance is provided by staff at the Regional Board."
The CSPA wants the landfill to correct the alleged violations and pay civil penalties of nearly $60,000 per day per violation and attorney's fees and court costs, reported SF Gate. The suit was filed in U.S. District Court for the Northern District of California in San Francisco and an initial case management conference is scheduled for Nov. 17.
