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Environmental Law
Clean Water Act
Storm Water Pollution Prevention Plan

Los Angeles Waterkeeper v. Mills Iron Works

Published: Aug. 16, 2024 | Result Date: Jan. 8, 2024 | Filing Date: Nov. 14, 2023 |

Case number: 2:23-cv-09630-SVW-MAR Settlement –  $82,500

Judge

Stephen V. Wilson

Court

CD CA


Attorneys

Plaintiff

Drevet J. Hunt
(California Coastkeeper Alliance)


Defendant

Sean M. Sherlock
(Snell & Wilmer LLP)


Facts

Mills Iron Works owns and operates a facility in Gardena at which seamless carbon steel pipe fittings are manufactured. On August 9, 2023, Los Angeles Waterkeeper, a non-profit public benefit corporation, issued a notice of intent to file suit with the appropriate agencies, including the Environmental Protection Agency, and thereafter filed a complaint for violations of the Clean Water Act.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants violated their industrial permit and Clean Water Act requirements by discharging pollutants into waters regulated by the Clean Water Act.

DEFENDANTS' CONTENTIONS: Defendant denied all allegations and claims, maintaining they acted in good faith to meet regulatory and environmental requirements.

Result

The parties entered into a consent agreement regarding managing industrial pollutants in storm water discharges such as installing permanent curbs to contain industrial pollutants in the wash rack area and removing all abandoned vehicles, equipment, paint and waste scrap materials from the property. To fund environmental project activities reducing storm water pollution, defendant also agreed to make a $35,000 payment to the Los Cerritos Wetlands Trust. As to plaintiff's fees and costs, defendant agreed to pay $47,500 to partially reimburse plaintiff for investigative and litigation costs.


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