Los Angeles Waterkeeper v. Triumph Processing Inc.
Published: Jul. 14, 2017 | Result Date: May 16, 2017 | Filing Date: Sep. 19, 2016 |Case number: 2:16-cv-07037 PSG (KSx) Settlement – Equitable Settlement
Judge
Court
U.S. District Courts in California
Attorneys
Plaintiff
Gideon Kracov
(ADR Services, Inc.)
Arthur S. Pugsley
(Los Angeles Waterkeeper)
Defendant
Facts
Los Angeles Waterkeeper filed suit against Triumph Processing Inc., claiming violation of the Federal Water Pollution Control Act, also known as the Clean Water Act.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant operated aviation components manufacturing facilities in the City of Lynwood. Defendant allegedly discharged pollutants in violation of the Clean Water Act stormwater permitting program. The discharges allegedly polluted the Los Angeles River watershed and impaired plaintiff's members' use and enjoyment of those waters.
DEFENDANT'S CONTENTIONS: Defendant denied the allegations.
Result
The parties entered into a consent decree. As part of the agreement, defendant agreed to comply with the Clean Water Act by requiring stormwater best management practices at its facilities, submit to various monitoring and reporting requirements overseen by the plaintiff, and payment into an Environmental Project fund. Additionally, defendants agreed to a $7,500 monitoring payment to plaintiffs for annual site-visits to ensure compliance with the consent decree, $30,000 to the Rose Foundation to fund water quality projects pursuant to EPA's Supplemental Environmental Projects Policy, and $50,000 in attorney fees and costs.
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