SAN FRANCISCO — A nonprofit corporation is suing Zanker Road Resource Management Ltd., and Z-Best Composting Facility, citing alleged violation of the Clean Water Act (CWA).
California River Watch filed a complaint on Oct. 26, in the U.S. District Court for the Northern District of California against the defendants alleging that they failed to follow applicable safety guidelines and regulations.
According to the complaint, the plaintiff alleges that California River Watch is informed and believes that large quantities of composted materials at the defendants' composting facilities are exposed to stormwater and eroded by wind that can otherwise contaminate the surrounding watershed and threaten to cause pollution, contamination, or nuisance Thus on July 5, plaintiff provided notice of defendants’ violations of the Clean Water Act (CWA). The plaintiff holds Zanker Road Resource Management Ltd., and Z-Best Composting Facility responsible because the defendants allegedly failed to undertake and complete mandated sampling and analysis, and failed to obtain General Permit exemption from the State Board excusing it from conducting the required sampling and analysis.
The plaintiff requests a trial by jury and seeks judgment in its favor, to declare defendants to be in violation, pay civil penalties of $37,500 per day/per violation, order defendants to restore quality water, attorneys' fees, costs and further relief as may be just. They are represented by Jack Silver of Law office of Jack Silver in Sebastopol and David J. Weinsoff of Law Office of David J. Weinsoff in Fairfax.
U.S. District Court for the Northern District of California Case number 5:16-cv-06176