Facts

A waste disposal, material recovery facility, transfer station, and recycling center facility in Lodi was operated by defendant Waste Management of California Inc. The defendant engaged in the transfer of solid waste for disposal as well as a recycling operation. The facility's drainage system collected storm water and discharged the water into the city of Lodi's storm drain system.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the heavy equipment, vehicles and machinery at the facility leaked oil, diesel fuel, anti-freeze, grease, and hydraulic fluids into the storm water and into the drains. Plaintiff claimed that defendant should have prevented these contaminants from polluting the waters. Plaintiff alleged that defendant violated the Clean Water Act by failing to prepare a storm water pollution prevention plan, invest in adequate treatment technologies, failing to implement a monitoring and reporting program, and falsely certifying its compliance with standards in annual reports.

Result

The defendant agreed to pay a total of $74,000: $32,500 in mitigation to the Rose Foundation for Communities and the Environment, $32,500 to plaintiff for reimbursement of investigation and court fees, and $9,000 to plaintiff for costs incurred in overseeing the implementation of the consent decree. Defendant also agreed to implement new management practices and monitor its discharges.

Other Information

FILING DATE: Sept. 16, 2008.