Facts

San Francisco Baykeeper sued Levin Enterprises and Levin-Richmond Terminal Corp.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants operated a marine cargo terminal and associated activities at a certain facility. Plaintiff further alleged that defendants' discharged polluted storm water and non-storm water from their facility in violation of the Clean Water Act, which impaired the water quality use and enjoyment of waters surrounding such facility.

DEFENDANTS' CONTENTIONS:
Defendants asserted that storm water discharges associated with its bulk cargo did not require a storm water permit, and that non-storm water discharges were covered by LRTC's permit for other discharges. Defendants argued that its voluntary measures to control storm water, including plans to implement an advanced storm water treatment system and to make numerous equipment and facility upgrades satisfied any applicable permit requirements under the Clean Water Act.

On Dec. 18, the court ruled on LRTC's motion for summary adjudication, holding that storage and handling of bulk cargo at transportation facilities do not require a storm water permit, but refused to grant either of the parties cross-motions for summary judgment.

Result

The parties reached a settlement and entered a consent decree, pursuant to which the defendants agreed to implement structural and non-structural measures to reduce storm water contamination and fugitive dust discharge. Among the measures defendants agreed to the collection and advanced filtration of certain storm water flows following certain procedures and the installation of wind gauges to prevent activities from blowing certain pollutants into nearby waters. Defendants also agreed to submit and implement a plan for additional pollution control measures if future sampling analyses exceed certain levels. Defendants committed approximately $1,400,000 to pollution reduction improvements, further agreed to pay $50,000 to the Rose Foundation for Communities and the Environment to remediate the past environmental harm alleged by plaintiff. Defendants also agreed to pay $1,175,000 for plaintiff's litigation fees and costs, and a further $30,000 for future compliance monitoring. Pursuant to the consent decree, the court retained jurisdiction over the consent decree for four years and the court ordered the case dismissed. LRTC agreed not to sue Baykeeper for any claims arising from the lawsuit, and Baykeeper agreed to waive any claims that defendants are in violation of the Clean Water Act.

Other Information

FILING DATE: Aug. 17, 2012.