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Environmental Law
Clean Water Act
Violation of the General Permit's Receiving Water Limitations and the Act

Los Angeles Waterkeeper v. Altair Paramount LLC

Published: Feb. 16, 2024 | Result Date: Nov. 30, 2023 | Filing Date: Jul. 11, 2023 |

Case number: 2:23-cv-05585-GW-PD Settlement –  $47,500

Judge

George H. Wu

Court

CD CA


Attorneys

Plaintiff

Andrew L. Packard
(Law Offices of Andrew L. Packard)

William N. Carlon
(Law Offices of Andrew L. Packard)

Barak J. Kamelgard
(Los Angeles Waterkeeper)

Benjamin A. Harris
(Los Angeles Waterkeeper)


Defendant

Matthew C. Wickersham
(Alston & Bird LLP)

Maya Grasse
(Alston & Bird LLP)

Hannah Hess
(Alston & Bird LLP)


Facts

AltAir Paramount LLC operates an industrial facility in Paramount, California, that processes animal fats and vegetable oils into transportation fuels, including gasoline, diesel, and jet fuel.

Los Angeles Waterkeeper is a non-profit public benefit corporation dedicated to the protection of Los Angeles County waters from all sources of pollution.

On July 11, 2023, LA Waterkeeper filed suit against AltAir Paramount.

Contentions

PLAINTIFF'S CONTENTIONS: LA Waterkeeper contended that AltAir's facility in paramount was allowing pollutant-contaminated storm water to run off from the facility into storm drains that lead to the Los Cerritos Channel, Alamitos Bay, San Pedro Bay, and the Pacific Ocean. According to the complaint, the contaminated storm water did not comply with the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit, and LA Waterkeeper alleged this was a violation of the Clean Water Act. In addition to violating the CWA, LA Waterkeeper contended that the polluted storm water posed serious health risks to people who recreate in Los Angeles waterways.

DEFENDANTS' CONTENTIONS: The defendants denied any wrongdoing or liability and all the plaintiff's material allegations.

Result

The parties entered a consent decree in which AltAir Paramount agreed to implement storm water best management and sampling practices in order to eliminate unauthorized discharges of contaminants. AltAir also agreed to pay $40,000 to the Rose Foundation for Communities and the Environment to fund environmental impact mitigation efforts and to pay $47,500 in fees and costs to LA Waterkeeper.


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