The People of the State of California, by and through the Bay Area Air Quality Management District v. The City and County of San Francisco, and Does 1 through 25, inclusive
Published: May 16, 2015 | Result Date: Mar. 24, 2015 | Filing Date: Jan. 1, 1900 |Case number: CPF-12-512078 Settlement – $31,400
Court
San Francisco Superior
Attorneys
Plaintiff
Brian C. Bunger
(Holland & Knight)
Defendant
Dennis J. Herrera
(San Francisco Public Utilities Commission)
Owen J. Clements
(Office of the San Francisco City Attorney)
Elaine M. O'Neil
(Office of the San Francisco City Attorney)
Facts
The People of the State of California, by and through the Bay Area Air Quality Management District, sued the City and County of San Francisco for alleged violations of Air Regulations.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff filed this complaint seeking civil penalties and other relief for the willful and intentional emission of air contaminant, knowing emission of air contaminant, negligent emission of air contaminant, and strict liability for the emission of air contaminant in connection with defendant's operation of a gasoline dispensing facility (gas station). Plaintiff alleged that defendant operated the gas stations for about three years without using a CARB-certified EVR Phase II system in compliance with the Air Regulations or taking the necessary steps to comply with said regulations.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's substantive allegations and asserted various affirmative defenses.
Result
The City agreed to pay a stipulated civil penalty of $30,000 by the San Francisco Fire Dept. and $1,400 as a stipulated penalty by the San Francisco Municipal Transportation Agency.
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