OAKLAND – A nonprofit corporation is seeking declaratory judgment and injunctive relief against an Oakland recycling facility alleging it is unlawfully discharging polluted stormwater into East Creek Slough.
San Francisco Baykeeper filed a complaint on Aug. 3 in the U.S. District Court for the Northern District of California, Oakland Division against Asphalt Shingle Recyclers LLC alleging violation of the Federal Water Pollution Control Act (Clean Water Act).
According to the complaint, the plaintiff alleges that Asphalt Shingle Recyclers LLC has been discharging polluted stormwater in violation of the Clean Water Act since 2011 and has violated the permit issued to it by the state. The plaintiff holds
Asphalt Shingle Recyclers LLC responsible because the defendant allegedly failed to implement effective pollution prevention measures and a monitoring and reporting program.
The plaintiff seeks declaration that the defendant is in violation of the Clean Water Act; order the defendant to restore all receiving waters damaged by its allegedly illegal discharges of pollutants from the facility; pay civil penalties of up to $37,000 per day for violations between Jan. 12, 2009, and Nov. 2, 2015, and $51,570 per day for all violations occurring after Nov. 2, 2015; all legal fees and any other relief as the court deems just. It is represented by Erica Maharg and Nicole C. Sasaki of San Francisco Baykeeper in Oakland.
U.S. District Court for the Northern District of California, Oakland Division Case number 4:16-cv-04371-JCS