Citizen Suit Action/Clean Water Act: California Sport Fishing Protection Alliance Files Judicial Action Addressing Aromas Quarry

The California Sportfishing Protection Alliance and Environment California, Inc. (collectively, “Alliance”) filed an April 15th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Granite Rock Company (“GRC”) in the United States District court for the Northern District of California alleging violations of the Clean Water Act.

The Complaint provides that GRC operates a quarry in Aromas, California.

GRC is described as a construction materials and contracting corporation based in Watsonville, California.

The quarry is stated to encompass over 1,000 acres and operates pursuant to a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit. The permit addresses wastewater discharges from the quarry into the Pajaro River, which is stated to flow into Monterrey Bay in the Pacific Ocean. The NPDES permit is said to regulate discharges for 438 acres of the quarry.

Alliance alleges that GRC has violated the NPDES permit’s monthly average limits on total dissolved solids (“TDS”), aluminum, iron, and molybdenum. The Complaint also alleges that GRC has violated the NPDES permit’s monitoring requirements.

The Complaint also requests that the federal District Court:

• Declare GRC to have violated and to be in continuing violation of the Clean Water Act and the permit.
• Determine the number of days of violation committed by GRC.
• Order GRC to comply with the requirements of the Clean Water Act and the Permit that it has been violating, and to refrain from further violations of the effluent standards and limitations, and monitoring requirements.
• Implement measures to remedy, mitigate, or offset the harm to the environment caused by the violations alleged in the Complaint.
• Assess an appropriate civil penalty.
• Provide Alliance their costs of litigation.

A copy of the Complaint can be found here.