Facts

The Sierra Club filed Clean Water Act citizen suit against Lehigh Southwest Cement Company, et al., alleging that Lehigh was discharging pollutants, including selenium, from its quarry pit into Permanente Creek without a proper permit and in violation of the company's storm water discharge permit.

The Sierra Club further alleged that fill and mining wastes had entered, and continued to be entering the creek, causing degradation of water quality, preventing fish migration, and harming the natural function of the creek.

Result

The parties settled. Without admission of any fault and consistent with existing regulatory obligations, Lehigh agreed to treat polluted quarry pit water to meet water quality standards prior to discharge. Lehigh also agreed to restore portions of the creek, make the creek accessible to migrating fish, remove mining-related sediments, and to stabilize hillsides. Cost of repairs is estimated to be in the tens of millions of dollars, according to the claimants. Respondents estimate the cost is less than $10 million dollars.

Other Information

Consent Decree lodged April 24, 2013, undergoing 45-day EPA review prior to entry.