UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 17, 2011
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION,
CONTECH CONSTRUCTION PRODUCTS, INC. AN OHIO CORPORATION,
AND DAN MOODY, AN INDIVIDUAL DEFENDANTS.
CONFIDENTIAL SETTLEMENT COMMUNICATION
CONSENT AGREEMENT (Federal Water Pollution Control Act, 33 U.S.C.1251 to 1387) WHEREAS, Defendant CONTECH CONSTRUCTION PRODUCTS, INC. (hereinafter "CONTECH") owns an approximately 34-acre metal work facility, which manufactures metal culvert pipe, located at 2245 Canyon Creek Road in Redding, California (the "Facility"), and Defendant DAN MOODY is an employee of CONTECH;
WHEREAS, CSPA and Defendants collectively shall be referred to as the "Parties;" WHEREAS, the Facility collects and discharges storm water to Canyon Creek and Canyon Creek ultimately flows into the Sacramento River, and the Sacramento-San Joaquin Delta (a map of the Facility is attached hereto as Exhibit A and incorporated herein by reference);
WHEREAS, storm water discharges associated with industrial activity are regulated pursuant to the National Pollutant Discharge Elimination System ("NPDES"), General Permit No. CAS000001 [State Water Resources Control Board], Water Quality Order No. 97-03-DWQ), issued pursuant to Section 402 of the Clean Water Act, 33 U.S.C. § 1342 (hereinafter "General Permit");
WHEREAS, on or about February 8, 2010 Plaintiff provided notice of Defendants' alleged violations of the Act, and of its intention to file suit against Defendants, to the Administrator of the United States Environmental Protection Agency ("EPA"); the Administrator of EPA Region IX; the Executive Director of the State Water Resources Control Board ("State Board"); the Executive Officer of the Regional Water Quality Control Board, Central Valley Region ("Regional Board"); and to Defendants, as required by the Act, 33 U.S.C. § 1365(b)(1)(A) (true and correct copies of CSPA's notice letters are attached as Exhibit B and incorporated herein by reference);
WHEREAS, Defendants deny the occurrence of the violations alleged in the Notices and maintain that they have complied at all times with the provisions of the General Permit, the Clean Water Act, and California Health & Safety Code sections 25249.5 et seq.; WHEREAS, CSPA filed a complaint ("Complaint") against Defendants in the United States District Court, Eastern District of California, on April 14, 2010 (the "Action");
WHEREAS, for purposes of this Consent Agreement, the Parties stipulate that venue is proper in this Court, and that Defendants do not contest the exercise of jurisdiction by this Court to enter this Consent Agreement;
WHEREAS, this Consent Agreement shall be submitted to the United States Department of Justice for the 45-day statutory review period, pursuant to 33 U.S.C. § 1365(c); and shall thereafter be submitted for approval by the Court, the date of which approval shall be referred to herein as the "Court Approval Date;"
WHEREAS, at the time the Consent Agreement is submitted for approval to the United States District Court, CSPA shall request a dismissal of all claims against both Defendants in the Complaint with prejudice and the Parties shall stipulate and request that the Court retain jurisdiction for the enforcement of this Consent Agreement as provided herein;
AND WHEREAS, the Parties agree that it is in their mutual interest to resolve this matter without further litigation.
NOW THEREFORE IT IS HEREBY STIPULATED BETWEEN THE PARTIES, AND ORDERED AND DECREED BY THE COURT, AS FOLLOWS:
I.COMMITMENT OF CONTECH
1.Compliance With General Permit and Clean Water Act. Beginning immediately, and throughout the Term of this Consent Agreement, (defined below at ¶ 18), Defendant CONTECH shall commence all measures needed to operate the Facility in full compliance with applicable requirements of the General Permit and the Clean Water Act, subject to any defenses available under the law.
Implementation of Specific Storm Water Best Management Practices. CONTECH shall implement the following structural and non-structural best management practices ("BMPs") to improve the storm water pollution prevention measures at the Facility, as marked on Exhibit A:
(a) CONTECH shall apply an asphalt sealant to all paved areas of the Facility previously used for the application of paint, as designated on Exhibit A, within thirty (30) days of the Court Approval Date;
(b) CONTECH shall coat the metal roof and siding of the main fabricating building and the metal siding of the office building with sealant to reduce metals leaching from the metal roof and siding to storm water within sixty (60) days of the Court Approval Date. The locations of these buildings are shown on Exhibit A;
(c) CONTECH shall conduct an elevation survey to identify all points of storm water discharge at the Facility within sixty (60) days of the Court Approval Date;
(d) CONTECH shall annually vacuum and cover all drop inlets at the Facility during the Dry Season (June 1 through September 30) to reduce the amount of pollutants entering the Facility's discharge points;
(e) CONTECH shall design and install swales, berms and infiltration areas to reduce and redirect storm water flow at the Facility no later than September 30, 2011, except as set forth below. The locations of these swales, berms and infiltration areas are generally set forth on Exhibit A and described as follows:
(i) A parallel swale and berm at the northern end of the Facility yard beginning at the base of the hill and running east along the northern property boundary of the Facility;
(ii) Three (3) pairs of swales and berms perpendicular to the northern boundary swale and berm described above and running generally south east there from; and
(iii) Four (4) infiltration areas as generally designated on the attached Facility map (Exhibit A).
The Parties acknowledge that CONTECH's installation of some of the drainage features described in Paragraph 2(e) may be subject to various authorizations from state and local agencies and that these agencies might require significant alteration of the drainage feature plans as set forth on Exhibit A. Contech agrees to submit plans and / or applications to obtain necessary approvals to construct the drainage features to the City of Redding and other local land use authorities within seven (7) days of the Court Approval Date. Contech shall notify CSPA pursuant to the Notice provisions herein (at ¶ 24) within seven (7) days of any local authority requiring significant alteration of the drainage features set forth on Exhibit A. Contech shall apply for any additional state or federal permits or authorizations within thirty (30) days of the end of any appeal or review period applicable to Contech's local authorizations. In the event Contech is unable to complete construction of any drainage features described on Exhibit A by September 30, 2011 due to authorization delays, Contech shall complete construction of those drainage features by September 30, 2012 and the Term of this Consent Agreement shall be extended until May 30, 2015;
(f) CONTECH shall remove the two (2) existing catch basins located in the northern yard of the Facility that lead to Outfall #1 within sixty (60) days of the Court Approval Date;
(g) CONTECH shall install concrete pads beneath the roll out racks of the Facility's "Helcor" machines and install a concrete berm around the Facility's arch presses no later than October 1, 2011;
(h) CONTECH shall install a filtration system near the Facility's palletizing rack no later than October 1, 2011;
(i) CONTECH shall add additional vegetation and rock to the existing bioswale within thirty (30) days of the Court Approval Date and shall continue to maintain the swale to prevent erosion;
(j) CONTECH shall discontinue asphalt dipping operations in the northern yard of the Facility and shall discontinue the cleaning of air filters in the adjacent washout area within thirty (30) days of the Court Approval Date;
(k) CONTECH shall employ the use of a regenerative sweeper annually to sweep the paved areas of the Facility no more than seven (7) days immediately prior to the commencement of each of the Wet Seasons occurring during the Term of this Consent Agreement;
(l) CONTECH shall conduct regular sweeping of the paved areas of the Facility using a magnetic sweeper once per week during the Wet Season (October 1 through May 30) and once per month during the Dry Season (June 1 through September
30); (m) CONTECH shall conduct sweeping of the paved areas of the Facility using a regenerative sweeper once per month during the Wet Season (October 1 through May 30);
(n) CONTECH shall keep a recorded log of all sweeping activities performed at the Facility. A sample blank log form will be included in the Facility's SWPPP; 3.SWPPP Amendments/Additional BMPs. Within 30 days of the Court Approval Date, CONTECH shall formally amend the SWPPP for the Facility to incorporate all of the relevant requirements of this Consent Agreement, as well as the revised Facility map attached hereto as Exhibit A.
4.Sampling Frequency. CONTECH shall collect and analyze samples from four (4) Qualifying Storm Events ("QSE"), as set forth in the General Permit*fn1 for sampling purposes, in each of the Wet Seasons occurring during the Term of this Consent Agreement. The QSE sample results shall be compared with the values set forth in Exhibit C, attached hereto, and incorporated herein by reference. If the results of any QSE samples exceed the parameter values set forth in Exhibit C, CONTECH shall comply with the "Action Memorandum" requirements set forth below (at ¶ 6).
5.Sampling Parameters. All QSE samples shall be analyzed for each of the constituents listed in Exhibit C by a laboratory accredited by the State of California. QSE samples collected from the Facility shall be delivered to the laboratory as soon as possible to ensure that sample "hold time" is not exceeded. Analytical methods used by the laboratory shall be adequate to detect the individual constituents at or below the values specified on Exhibit C. Sampling results shall be provided to CSPA within seven (7) days of CONTECH's receipt of the laboratory report from each QSE sampling event pursuant to the Notice provisions below.
6."Action Memorandum" Trigger; CSPA Review of "Action Memorandum"; Meet-and-Confer. If any QSE sample taken during the Wet Seasons occurring during the Term of this Agreement exceeds the evaluation levels set forth in Exhibit C, CONTECH shall prepare a written statement discussing the exceedance(s), the possible cause and/or source of the exceedance(s), and additional measures that will be taken to address and eliminate the problem and future exceedances ("Action Memorandum"). The Action Memorandum shall be provided to CSPA no later than thirty (30) days after CONTECH's receipt of the sample results at issue. Recognizing that a SWPPP is an ongoing iterative process meant to encourage innovative BMPs, such additional measures may include, but are not limited to, taking confirmation samples, further material improvements to the storm water collection and discharge system, changing the frequency of Facility sweeping, changing the type and extent of storm water filtration media or modifying other industrial activities or management practices at the Facility. Such additional measures, to the extent feasible, shall be implemented no later than sixty (60) days after the due date of the Action Memorandum. Within fourteen (14) days of implementation, the Facility SWPPP shall be amended to include all additional BMP measures designated in the Action Memorandum. CSPA may review and comment on an Action Memorandum and suggest any additional pollution prevention measures it believes are appropriate; however, CSPA's failure to do so shall not be deemed to constitute agreement with the proposals set forth in the Action Memorandum. Upon request by CSPA, CONTECH agrees to meet and confer in good faith (at the Facility, if requested by CSPA) regarding the contents and sufficiency of the Action Memorandum.
7.Inspections During the Term of this Agreement. In addition to any site inspections conducted as part of the meet-and-confer process concerning an Action Memorandum as set forth above, CONTECH shall permit representatives of CSPA to perform up to three (3) physical inspections of the Facility during the Term of this Consent Agreement. These inspections shall be performed by CSPA's counsel and consultants and may include stormwater water quality sampling, photographing, and/or videotaping and CSPA shall provide CONTECH with a copy of all sampling reports, photographs and/or video. CSPA shall provide at least forty-eight (48) hours advance Notice (as set forth in ¶ 24) of such physical inspection, except that CONTECH shall have the right to deny access if circumstances would make the inspection unduly burdensome and pose significant interference with business operations of CONTECH or its attorney, or threaten the safety of individuals. In such case, CONTECH shall specify at least three (3) dates within the two (2) weeks thereafter upon which a physical inspection by CSPA may proceed. CONTECH shall not make any material alterations to Facility conditions during the period between receiving CSPA's initial forty-eight (48) hour advance notice and the start of CSPA's inspection that CONTECH would not otherwise have made but for receiving notice of CSPA's request to conduct a physical inspection of the Facility, excepting any actions taken in compliance with any applicable laws or regulations. CONTECH shall provide CSPA with written documentation, of any alterations to Facility conditions during the period between receiving CSPA's notice of inspection and the start of CSPA's inspection. Nothing herein shall be construed to prevent CONTECH from continuing to implement any BMPs identified in the SWPPP during the period prior to an inspection by CSPA or at any time.
8.CONTECH's Communications with Regional and State Boards. During the Term of this Consent Agreement, CONTECH shall provide CSPA with copies of all documents submitted to the Regional Board or the State Board concerning storm water discharges from the Facility, including, but not limited to, all documents and reports submitted to the Regional Board and/or State Board as required by the General Permit. Such documents and reports shall be provided to CSPA pursuant to the Notice provisions herein (at ¶ 24) and contemporaneously with CONTECH's submission to such agencies.
9.SWPPP Amendments. CONTECH shall provide CSPA with a copy of any amendments to the Facility SWPPP made during the Term of the Consent Agreement within fourteen (14) days of such amendment.
II.MITIGATION, COMPLIANCE MONITORING AND FEES AND COSTS
10.As mitigation of the Clean Water Act violations alleged in CSPA Complaint, CONTECH agrees to pay the sum of $42,500 within fifteen (15) days after the Court Approval Date to the Rose Foundation for Communities and the Environment for the sole purpose of providing grants to environmentally beneficial projects related to Canyon Creek, the Sacramento River or its tributaries, and/or the Sacramento-San Joaquin River Delta. Payment shall be provided to the Rose Foundation as follows: Rose Foundation, 6008 College Avenue, Oakland, CA 94618, Attn: Tim Little. The Rose Foundation shall provide notice to the Parties within thirty (30) days of when the funds are dispersed by the Rose Foundation, setting forth the recipient and purpose of the funds.
11.CONTECH agrees to reimburse CSPA in the amount of $38,025 to defray CSPA's reasonable investigative, expert, consultant and attorneys' fees and costs, incurred as a result of investigating the activities at the Facility, bringing the Action and negotiating a resolution in the public interest. Such payment shall be made to the Jackson & Tuerck Attorney-Client Trust Account within fifteen (15) days after the Court Approval Date.
12.Compliance Monitoring Funding. To defray CSPA's reasonable investigative, expert, consultant and attorneys' fees and costs associated with monitoring CONTECH's compliance with this Consent Agreement, CONTECH agrees to contribute three payments of $5,000, to a compliance monitoring fund maintained by CSPA. Compliance monitoring activities may include, but shall not be limited to, site inspections, review of water quality sampling reports, review of annual reports, discussions with representatives of CONTECH concerning the Action Memoranda referenced above, and potential changes to compliance requirements herein, preparation for and participation in meet-and-confer sessions, water quality sampling and analysis, and compliance-related activities. The first such payment in the amount of $5,000 shall be made payable to the Jackson & Tuerck Attorney-Client Trust Account on or before August 1, 2011, with the second installment due on August 1, 2012, and the third installment due on August 1, 2013.
III.DISPUTE RESOLUTION AND ENFORCEMENT OF CONSENT AGREEMENT
13.With the exception of the timelines set forth above for addressing exceedances of values specified on Exhibit C and Action Memoranda, if a dispute under this Consent Agreement arises, or either CSPA or CONTECH believes that a breach of this Consent Decree has occurred, CSPA and CONTECH shall meet and confer within seven (7) days of receiving written notification from the other Party of a request for a meeting to determine whether a violation has occurred and to develop a mutually agreed upon plan, including implementation dates, to resolve the dispute. If CSPA and CONTECH fail to meet and confer, or the meet-and-confer does not resolve the issue, after at least seven (7) days have passed after the meet-and-confer occurred or should have occurred, either CSPA or CONTECH shall be entitled to all rights and remedies under the law, including filing a motion with the District Court of California, Eastern District, which shall retain jurisdiction over the Action for the limited purposes of enforcement of the terms of this Consent Agreement. The Parties shall be entitled to seek fees and costs incurred in any such motion, and such fees and costs shall be awarded, pursuant to the provisions set forth in Section 505(d) of the Clean Water Act, 33 U.S.C. 1365(d), and applicable case law interpreting such provision.
14.CSPA Waiver, Release and Covenant Not to Sue.
(a) Upon Court approval and entry of this Consent Agreement, CSPA, on its own behalf and on behalf of its members, subsidiaries, successors, assigns, directors, officers, agents, attorneys, representatives, and employees, releases Defendants and their officers, directors, employees, shareholders, parents, subsidiaries, and affiliates, and each of their predecessors, successors and assigns, and each of their agents, attorneys, consultants, and other representatives (each a "Released Defendant Party") from, and waives all claims which arise from or pertain to the Action, including, without limitation, all claims for injunctive relief, damages, penalties, fines, sanctions, mitigation, fees (including fees of attorneys, experts, and others), costs, expenses or any other sum incurred or claimed or which could have been claimed in this Action, for the alleged failure of Defendants to comply with the Clean Water Act at the Facility, up to the Termination Date of this Consent Agreement.
(b) For the period beginning on the Court Approval Date and ending on the Termination Date, CSPA agrees that neither CSPA, its officers, executive staff, members of its governing board nor any organization under the control of CSPA, its officers, executive staff, or members of its governing board, will file any lawsuit against Defendants seeking relief for the alleged violations of the Clean Water Act or violations of the General Permit occurring at the Facility. CSPA further agrees that, beginning on the Court Approval Date and ending on the Termination Date, CSPA will not support other lawsuits, by providing financial assistance, personal time or other affirmative actions, against Defendants that may be proposed by other groups or individuals who would rely upon the citizen suit provision of the Clean Water Act to challenge Defendants' compliance with the Clean Water Act or the General Permit.
15.Defendants' Waiver and Release. Defendants, on their own behalf and on behalf of those Released Defendant Parties under its control, releases CSPA (and its officers, directors, employees, members, parents, subsidiaries, and affiliates, and each of their successors and assigns, and its agents, attorneys, and other representative) from, and waives all claims which arise from or pertain to the Action, including all claims for fees (including fees of attorneys, experts, and others), costs, expenses or any other sum incurred or claimed or which could have been claimed for matters associated with or related to the Action.
16.Upon the Court Approval Date, the Parties shall file with the Court a Stipulation and Order that shall provide that:
(a) the Complaint and all claims therein shall be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2); and
(b) the Court shall retain and have jurisdiction over the Parties with respect to disputes arising under this Consent Agreement. Nothing in this Consent Agreement shall be construed as a waiver of any Party's right to appeal from an order that arises from an action to enforce the terms of this Consent Agreement.
17.The Parties enter into this Consent Agreement for the purpose of avoiding prolonged and costly litigation. Nothing in this Consent Agreement shall be construed as, and Defendants expressly do not intend to imply, an admission as to any fact, finding, issue of law, or violation of law, nor shall compliance with this Consent Agreement constitute or be construed as an admission by Defendants of any fact, finding, conclusion, issue of law, or violation of law. However, this paragraph shall not diminish or otherwise affect the obligation, responsibilities, and duties of the Parties under this Consent Agreement.
18.The Term of this Consent Agreement shall be from the Court Approval Date until May 30, 2014, except as provided in Paragraph 2(e) whereby the Term may be extended until May 30, 2015. The Termination Date shall be May 30, 2014 unless extended pursuant to Paragraph 2(e) of this Agreement to May 30, 2015.
19.The Consent Agreement may be executed in one or more counterparts which, taken together, shall be deemed to constitute one and the same document. An executed copy of this Consent Agreement shall be valid as an original.
20.In the event that any of the provisions of this Consent Agreement is held by a court to be unenforceable, the validity of the enforceable provisions shall not be adversely affected.
21.The language in all parts of this Consent Agreement, unless otherwise stated, shall be construed according to its plain and ordinary meaning. This Consent Agreement shall be construed pursuant to California law, without regarding to conflict of law principles.
22.The undersigned are authorized to execute this Consent Agreement on behalf of their respective parties and have read, understood and agreed to be bound by all of the terms and conditions of this Consent Agreement.
23.All agreements, covenants, representations and warranties, express or implied, oral or written, of the Parties concerning the subject matter of this Consent Agreement are contained herein. This Consent Agreement and its attachments are made for the sole benefit of the Parties, and no other person or entity shall have any rights or remedies under or by reason of this Consent Agreement, unless otherwise expressly provided for therein.
24.Notices. Any notices or documents required or provided for by this Consent Agreement or related thereto that are to be provided to CSPA pursuant to this Consent Agreement shall be hand-delivered or sent by U.S. Mail, postage prepaid, and addressed as follows or, in the alternative, shall be sent by electronic mail transmission to the email addresses listed below:
Bill Jennings, Executive Director
California Sportfishing Protection Alliance 3536 Rainier Avenue Stockton, CA 95204 E-mail: DeltaKeep@aol.com With copies sent to: Robert J. Tuerck, Esq. Jackson & Tuerck P.O. Box 148 429 W. Main Street, Suite C Quincy, CA 95971 Tel: 530-283-0406 Fax: 530-283-0416 E-mail: Bob@JacksonTuerck.com And to: Andrew L. Packard Law Offices of Andrew L. Packard 100 Petaluma Boulevard North, Suite 301 Petaluma, CA 94952 Tel: (707) 763-7227 E-mail: Andrew@packardlawoffices.com Any notices or documents required or provided for by this Consent Agreement or related thereto that are to be provided to Defendants pursuant to this Consent Agreement shall be sent by U.S. Mail, postage prepaid, and addressed as follows or, in the alternative, shall be sent by electronic mail transmission to the email addresses listed below:
If to CONTECH: Thomas D. Singer Contech Construction Products Inc. 9025 Centre Pointe Drive, Suit 400 West Chester, Ohio 45069 Tel: 513-645-7400 Fax.: 513-745-7502 E-mail: SingerT@contech-cpi.com With copies sent to: Jill A. Weller, Esq. Keating Muething & Klekamp PLL One East Fourth Street, Suite 1400 Cincinnati, Ohio 45202 Tel: 513-579-6980 Fax.: 513-579-6457 E-mail: firstname.lastname@example.org If to Dan Moody: Dan L. Moody Contech Construction Products Inc. 9025 Centre Pointe Drive, Suite 400 West Chester OH 45069 Tel: (513) 645-7055 Fax: (513) 645-7994 E-mail: email@example.com With copies sent to: Jill A. Weller, Esq. Keating Muething & Klekamp PLL One East Fourth Street, Suite 1400 Cincinnati, Ohio 45202 Tel: 513-579-6980 Fax.: 513-579-6457 E-mail: firstname.lastname@example.org
Each Party shall promptly notify all other Parties of any change in the above-listed contact information.
25.Signatures of the Parties transmitted by facsimile or email shall be deemed binding.
26.No Party shall be considered to be in default in the performance of any of its obligations when a failure to perform is due to a "Force Majeure." A Force Majeure event is any circumstances beyond the Party's reasonable control, including, without limitation, any act of God, war, fire, earthquake, flood, and restraint by court order or public authority. A Force Majeure event does not include normal inclement weather, such as anything less than or equal to a 100 year/24-hour storm event, or inability to pay. Any Party seeking to rely upon this paragraph shall have the burden of establishing that it could not reasonably have been expected to avoid, and which by exercise of due diligence has been unable to overcome, the Force Majeure.
27.If for any reason the Court should decline to approve this Consent Agreement in the form presented, the Parties shall use reasonable efforts to work together to modify the Consent Agreement within thirty (30) days so that it is acceptable to the Court. If the Parties are unable to modify this Consent Agreement in a mutually acceptable manner, this Consent Agreement shall become null and void.
28.This Consent Agreement shall be deemed to have been drafted equally by the Parties, and shall not be interpreted for or against any Party on the ground that any such party drafted it.
29.This Consent Agreement and the attachments contain all of the terms and conditions agreed upon by the Parties relating to the matters covered by the Consent Agreement, and supersede any and all prior and contemporaneous agreements, negotiations, correspondence, understandings, and communications of the Parties, whether oral or written, respecting the matters covered by this Consent Agreement. This Consent Agreement may be amended or modified only by a writing signed by the Parties or their authorized representatives, and then by order of the Court.
30.Except in case of an emergency but subject to the regulatory authority of any applicable governmental authority, any breach of or default under this Consent Agreement capable of being cured shall be deemed cured if, within five (5) days of first receiving notice of the alleged breach or default, or within such other period approved in writing by the Party making such allegation, which approval shall not be unreasonably withheld, the party allegedly in breach or default has completed such cure or, if the breach or default can be cured but is not capable of being cured within such five (5) day period, has commenced and is diligently pursuing to completion such cure.
The Parties hereto enter into this Consent Agreement and respectfully submit it to the Court for its approval and entry as an Order and Final Judgment.
Dated: California Sportfishing Protection Alliance By: Bill Jennings, Executive Director
Dated: Contech Construction Products Inc. By: Thomas D. Singer
Dated: Dan Moody
By: Dan Moody
EXHIBIT A -- Facility Site
EXHIBIT B -- Notice of Violation
pH 6.0 -- 9.0 Specific Conductivity 200 μmhos/cm Total Suspended Solids 100 mg/L Oil & Grease 15 mg/L Zinc 0.117 mg/L Iron 1.0 mg/L Aluminum 0.75 mg/L Magnesium 0.0636 mg/L Nitrate Nitrite Nitrogen 0.68 mg/L Copper 0.0636 mg/L Cadmium* 0.0159 mg/L Lead* 0.0816 mg/L * If the storm water samples demonstrate that cadmium and lead levels are below requisite water quality criteria for three (3) consecutive sampling events, then they may be removed from the monitoring program.