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Group Sues Water Board Over EID Discharge Permit into Deer Creek
Below is a CSPA press release regarding a lawsuit filed in federal District Court in Sacramento against the Central Valley Regional Water Quality Control Board over its issuance of a seriously defective wastewater discharge permit for El Dorado Irrigation District's Deer Creek treatment facility. Deer Creek is a tributary to the Cosumnes River, Mokelumne River and the imperiled California Delta. The Regional Board permit violates numerous fundamental regulatory requirements. EID is a Real Party in Interest in the complaint filed Friday and served today.
PRESS RELEASE
California Sportfishing Protection Alliance
3536 Rainier Avenue, Stockton, CA 95204
FOR IMMEDIATE RELEASE
Contact Information
Bill Jennings, CSPA Executive Director: 209-464-5067, Cell 209-938-9053, deltakeep [at] aol.com
Andrew Packard, Esq., 707-763-7227, Andrew [at] PackardLawOffices.com
Groups Sue Regional Water Board Over EID Discharge Permit
Permit violates fundamental regulatory requirements protecting streams
Stockton, CA - Monday, August 31, 2009. The California Sportfishing Protection Alliance (CSPA) has filed a lawsuit against the Central Valley Regional Water Quality Control Board (Regional Board) for issuing a permit to the El Dorado Irrigation District's (EID) Deer Creek Wastewater Treatment Plant.
The facility discharges 3.6 million gallons of wastewater a day to the seriously degraded Deer Creek; tributary to the Consumes River, Mokelumne River and thence the Sacramento-San Joaquin River Delta estuary. The Complaint, filed in Sacramento Superior Court, alleges the Regional Board failed to comply with fundamental state and federal regulatory requirements in issuing the EID wastewater discharge permit.
“The Deer Creek permit represents another failure by the Regional Board to comply with laws designed to protect the water quality and fisheries of the Central Valley,” said CSPA Executive Director Bill Jennings. “Nondiscretionary requirements crucial to protecting the environment are being routinely ignored by the Regional Board, under pressure from dischargers. Consequently, our rivers, streams and estuaries are becoming increasingly polluted,” he said.
Andrew Packard, an attorney representing CSPA stated that, “As the water quality of our streams continues to decline, the Regional Board is opening the pollution spigots more rather than ensuring that cities and industries take steps to reduce their already dangerous levels of pollution. California's water quality laws are supposed to protect water quality, not shield polluters from their requirements.”
The Petition of a Writ of Mandate alleges the Regional Board failed to comply with state and federal anti-degradation requirements, failed to included effluent limitations for constituents with a potential to exceed water quality standards, improperly established limits for metals, failed to include mandated monitoring requirements, ignored the administrative record and failed to comply with basic procedures for public comment and review.
The Law Offices of Andrew Packard, Michael Jackson Law Office and Jackson & Tuerck, Attorneys at Law, represent CSPA in this matter.
_________________________________________________________
CSPA is a non-profit public benefit conservation and research organization established in 1983 for the purpose of conserving, restoring, and enhancing the state's water quality and fishery resources and their aquatic ecosystems and associated riparian habitats. CSPA's website is: http://www.calsport.org.
Bill Jennings, Chairman
Executive Director
California Sportfishing Protection Alliance
3536 Rainier Avenue
Stockton, CA 95204
p: 209-464-5067
c: 209-938-9053
f: 209-464-1028
e: deltakeep [at] aol.com
http://www.calsport.org
California Sportfishing Protection Alliance
3536 Rainier Avenue, Stockton, CA 95204
FOR IMMEDIATE RELEASE
Contact Information
Bill Jennings, CSPA Executive Director: 209-464-5067, Cell 209-938-9053, deltakeep [at] aol.com
Andrew Packard, Esq., 707-763-7227, Andrew [at] PackardLawOffices.com
Groups Sue Regional Water Board Over EID Discharge Permit
Permit violates fundamental regulatory requirements protecting streams
Stockton, CA - Monday, August 31, 2009. The California Sportfishing Protection Alliance (CSPA) has filed a lawsuit against the Central Valley Regional Water Quality Control Board (Regional Board) for issuing a permit to the El Dorado Irrigation District's (EID) Deer Creek Wastewater Treatment Plant.
The facility discharges 3.6 million gallons of wastewater a day to the seriously degraded Deer Creek; tributary to the Consumes River, Mokelumne River and thence the Sacramento-San Joaquin River Delta estuary. The Complaint, filed in Sacramento Superior Court, alleges the Regional Board failed to comply with fundamental state and federal regulatory requirements in issuing the EID wastewater discharge permit.
“The Deer Creek permit represents another failure by the Regional Board to comply with laws designed to protect the water quality and fisheries of the Central Valley,” said CSPA Executive Director Bill Jennings. “Nondiscretionary requirements crucial to protecting the environment are being routinely ignored by the Regional Board, under pressure from dischargers. Consequently, our rivers, streams and estuaries are becoming increasingly polluted,” he said.
Andrew Packard, an attorney representing CSPA stated that, “As the water quality of our streams continues to decline, the Regional Board is opening the pollution spigots more rather than ensuring that cities and industries take steps to reduce their already dangerous levels of pollution. California's water quality laws are supposed to protect water quality, not shield polluters from their requirements.”
The Petition of a Writ of Mandate alleges the Regional Board failed to comply with state and federal anti-degradation requirements, failed to included effluent limitations for constituents with a potential to exceed water quality standards, improperly established limits for metals, failed to include mandated monitoring requirements, ignored the administrative record and failed to comply with basic procedures for public comment and review.
The Law Offices of Andrew Packard, Michael Jackson Law Office and Jackson & Tuerck, Attorneys at Law, represent CSPA in this matter.
_________________________________________________________
CSPA is a non-profit public benefit conservation and research organization established in 1983 for the purpose of conserving, restoring, and enhancing the state's water quality and fishery resources and their aquatic ecosystems and associated riparian habitats. CSPA's website is: http://www.calsport.org.
Bill Jennings, Chairman
Executive Director
California Sportfishing Protection Alliance
3536 Rainier Avenue
Stockton, CA 95204
p: 209-464-5067
c: 209-938-9053
f: 209-464-1028
e: deltakeep [at] aol.com
http://www.calsport.org
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