LOS ANGELES – A man alleges a Los Angeles facility is discharging polluted stormwater.
Gary Lunsford filed a complaint on Nov. 10 in the U.S. District Court for the Central District of California against Arrowhead Brass Plumbing and Arrowhead Brass & Plumbing LLC seeking declaratory relief under the Federal Water Pollution Control Act (Clean Water Act).
According to the complaint, the plaintiff alleges that since on May 12, 2011, the defendants have been discharging and continue to discharge polluted stormwater from their facility into the Los Angeles River, its tributaries, and the overall watershed, in violation of the Clean Water Act (CWA). The suit states that the stormwater from the defendants' facility was found to have high concentrations of total suspended solids that degrade water clarity and may contain heavy metal pollutants, which may cause health problems in people and aquatic animals.
The plaintiff holds Arrowhead Brass Plumbing and Arrowhead Brass & Plumbing LLC responsible because the defendant allegedly discharged toxic substances into bodies of water, failed to secure coverage under the Industrial Stormwater Permit to allow discharge of storm water into bodies of water, and failed to develop and implement an adequate stormwater pollution prevention plan.
The plaintiff seeks to enjoin the defendants from discharging pollutants, order the defendants to restore all receiving waters, order defendants to pay civil penalties of up to $37,500 per day for all violations, award costs, attorney/witness/consultant fees and other relief as the court may deem appropriate. He is represented by Evan J. Smith and Ryan Cardona of Brodsky & Smith LLC in Beverly Hills.
U.S. District Court for the Central District of California Case number 2:16-cv-08373