SAN FRANCISCO – A nonprofit alleges that a McKinleyville facility is dumping pollutant-contaminated storm water from the facility into Hall Creek, which drains into Mad River.
Californians for Alternatives to Toxics filed a complaint on July 15 in the U.S. District Court for the Northern District of California against Kernen Construction Co., Bedrock Investments LLC, Scott Farley and Kurt Kernen alleging violation of the Federal Water Pollution Control Act.
According to the complaint, the plaintiff alleges that Kernen Construction Co., Bedrock Investments LLC, Scott Farley and Kurt Kernen allegedly failed to properly dispose their polluted storm water properly as well as failed to take action despite the written notice sent by plaintiff regarding this violation in May.
The plaintiff seeks to enjoin the defendants from further discharging pollutants into the surrounding waters; order defendant to take actions to restore the quality of waters impaired by their activity; order the defendant to pay civil penalties of $37,500 per day per violation for all violations occurring after Jan. 19, 2012; all legal fees and any other relief as the court deems just. It is represented by Andrew L. Packard and William N. Carlon of Law Offices of Andrew L. Packard in Petaluma and William Verick and David Williams of Klamath Environmental Law Center in Arcata.
U.S. District Court for the Northern District of California Case number 3:16-cv-04007