The Cost of Stormwater Permit Violations: Lawsuits and Settlements (original) (raw)

Complying with the California General Industrial Stormwater Permit (IGP) can be a cumbersome task, but if a business doesn’t adequately follow the regulations, the consequences can be quite severe.

Businesses that continuously disregard the permit requirements and makes egregious discharges into impaired waters know first hand what it's like when the United States Environmental Protection Agency (EPA), the Department of Justice (DOJ), and State Water Resources Control Board (SWRCB) get involved, laying out harsh penalties such as lawsuits.

Generally, a stormwater lawsuit will end in a consent agreement or settlement. There are several groups, independent of government regulators, that track how companies implement their Stormwater Pollution Prevention Plans (SWPPP). These same groups, generally environmental organizations, identify violators and subsequently file "citizen lawsuits" to ensure that their interests, such as preserving water resources of the United States, are being protected.

Here are a few examples of recent lawsuits against companies violating the California IGP:

1. California River Watch vs. Newport Harbor Shipyard

California River Watch (CRW) filed a lawsuit against the Newport Harbor Shipyard for failing to collect and analyze samples from two storm events and for exceeding pollutant levels. The Newport Harbor Shipyard settled the case by agreeing with terms set by CRW and paying a fee of $15,000.

Ultimately, the CRW found that the SWPPP in place was acceptable, but that the ongoing plan failed to meet standards. In this case, the defendant needed to be more diligent in following their SWPPP with increased attention on monitoring and reporting.

2. California Sportfishing Protection Alliance vs. City of Watsonville

The California Sportfishing Protection Alliance (CSPA) alleged that the City of Watsonville, which owns and operates a Material Recovery Facility (MRF) and a Landfill, discharged polluted stormwater into various downstream water bodies.

The City of Watsonville settled the case through a consent agreement, which required the completion and implementation of a SWPPP and various other site improvements. The City also had to pay fees totaling 90,000(90,000 (90,000(27,500 in mitigation payments, 10,000tofundcompliancemonitoring,and10,000 to fund compliance monitoring, and 10,000tofundcompliancemonitoring,and52,500 in lawyer fees).

3. Santa Barbara Channelkeeper and the Environmental Defense Center vs. Ojai Quarry

Santa Barbara Channelkeeper and the Environmental Defense Center filed against the owners of the Ojai Quarry in Ventura County, alleging that the company was violating the industrial stormwater permit by discharging stormwater. Ojai Quarry agreed to various improvements throughout there site, such as increasing stormwater retention and paving roads, and donating $60,000 of rock to restore habitat.

Maximum Penalties

These settlements are examples of what industrial facilities face in today's environmentally conscious climate. The Clean Water Act authorizes penalties of 37,500perdayperviolationandalsoallowsforcriminalpenaltiesforknownornegligentviolations.Also,theCaliforniaPorter−CologneWaterQualityActallowsapenaltyofupto37,500 per day per violation and also allows for criminal penalties for known or negligent violations. Also, the California Porter-Cologne Water Quality Act allows a penalty of up to 37,500perdayperviolationandalsoallowsforcriminalpenaltiesforknownornegligentviolations.Also,theCaliforniaPorter−CologneWaterQualityActallowsapenaltyofupto25,000 per day per violation of stormwater permit requirements. When part of the agreement is to improve site conditions, then the cost can become much more of a burden to facilities.

For a complete review of the risks of non-compliance, please check out our free eBook titled "Stormwater Permits: The Real Risks of Non-Compliance."

Taking Steps to Avoid Similar Outcomes

There are several things an industrial facility can (or must) do to comply with the new California IGP requirements. The most important things are obtaining permit coverage from the SWRCB and having a good stormwater management program in place. Industrial facilities must have a high quality and effective SWPPP in place with appropriate Best Management Practices (BMPs). With a quality SWPPP, maintenance of the BMPs must be consistent and the facility managers must be vigilant in monitoring and reporting as required in the IGP. It is a full time job, but knowing your site and following your SWPPP is the best way to avoid costly litigation and penalties.

Contact Mapistry today to learn how you can avoid similar outcomes with our proprietary software.