Los Angeles Waterkeeper v. Bell Foundry Co.
Published: Jul. 14, 2017 | Result Date: May 22, 2017 | Filing Date: Oct. 3, 2016 |Case number: 2:16-cv-07389-JFW-PJW Settlement – Equitable Settlement
Judge
Court
U.S. District Courts in California
Attorneys
Plaintiff
Gideon Kracov
(ADR Services, Inc.)
Arthur S. Pugsley
(Los Angeles Waterkeeper)
Melissa Lynn Kelly
(Los Angeles Waterkeeper)
Defendant
Facts
Los Angeles Waterkeeper filed suit against Bell Foundry Co.'s facility, 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 Bell Foundry Co., an iron foundry facility in the City of South Gate. 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 the 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 defendant's facility, designed to meet specified pollutant concentrations for stormwater run-off, and install a stormwater treatment system in the event specified pollutant concentrations for stormwater run-off are not met. Defendant also agreed to submit to various monitoring and reporting requirement overseen by the plaintiff, and payment into an Environmental Project fund. Additionally, defendants agreed to a $5,000 monitoring payment to plaintiffs for annual site-visits to ensure compliance with the consent decree, $20,000 to the Rose Foundation to fund water quality projects pursuant to the EPA's Supplemental Environmental Projects Policy, and $40,000 in attorney fees and costs.
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