California Sportfishing Protection Alliance v. City of Colusa

          ANDREW L. PACKARD (State Bar No. 168690) WILLIAM N. CARLON (State Bar No. 305739) Law Offices of Andrew L. Packard Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

          CONSENT DECREE (FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. §§ 1251 TO 1387)

          KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE

         I. STIPULATIONS

         WHEREAS, Plaintiff California Sportfishing Protection Alliance (hereinafter “CSPA”) is a non-profit public benefit corporation dedicated to the preservation, protection, and defense of the environment, wildlife, and natural resources of California's waters;

         WHEREAS, Defendant City of Colusa (hereinafter the “City” or “Defendant”) owns and operates the City of Colusa Wastewater Treatment Plant (the “Facility”), located at 2820 Will S. Green Road, Colusa, California;

         WHEREAS, CSPA and Defendant collectively shall be referred to as the “Parties;”

         WHEREAS, the Facility provides sewer treatment services to a population of approximately 6, 000 and discharges treated effluent at Discharge Point 001 into an unnamed tributary to Powell Slough, which is a water of the United States and a tributary to the Colusa Basin Drain;

         WHEREAS, effluent discharges from the Facility into surface water are regulated pursuant to the National Pollutant Discharge Elimination System (“NPDES”) Permit No. CA0078999, State Water Resources Control Board (“State Board”) Waste Discharge Requirements for the City of Colusa Wastewater Treatment Plant Colusa County, Order No. R5-2016-0062-01, as amended by Order No. R5-2018-0018 (“Amended 2016 NPDES Permit”), which amended Order No. R5-2016-0062, which rescinded the prior operative permit, Order No. R5-2008-0184 (collectively the “NPDES Permits”);

         WHEREAS, on or about April 26, 2019, Plaintiff provided notice of Defendant's violations of the Act, and of its intention to file suit against Defendant to the Administrator of the United States Environmental Protection Agency (“EPA”); the Administrator of EPA Region IX; the U.S. Attorney General; the Executive Director of the State Board; the Executive Officer of the Regional Water Quality Control Board, Central Valley Region (“Regional Board”); and to Defendant, as required by the Act, 33 U.S.C. § 1365(b)(1)(A) (a true and correct copy of CSPA's Notice Letter is attached hereto as Exhibit A and incorporated herein by reference);

         WHEREAS, Defendant denies the occurrence of the violations alleged in the Notice Letter and maintains that the City has complied at all times with the provisions of its NPDES Permits and the Clean Water Act or, alternatively, that there are no “ongoing and continuous” violations of the NPDES Permits or the Act;

         WHEREAS, the Parties agree that it is in their mutual interest to resolve this matter as to all entities and persons named in the Notice Letter without further litigation and enter into this Consent Decree;

         WHEREAS, on or about July 5, 2019, CSPA filed a complaint against the City in the United States District Court, Eastern District of California (this matter is hereinafter referred to as “the Action”);

         WHEREAS, for purposes of this Consent Decree only, the Parties stipulate that venue is proper in this Court, and that Defendant does not contest the exercise of jurisdiction by this Court to dismiss this matter with prejudice under the terms of this Consent Decree;

         WHEREAS, within five (5) calendar days of the Parties' mutual execution, this Consent Decree 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);

         WHEREAS, at the time the Consent Decree is submitted to the United States Department of Justice for the 45-day statutory review period, the Parties shall file with the Court a Joint Motion for Entry of Consent Decree;

         THEREFORE, CSPA and the City stipulate to entry of this Consent Decree without trial regarding CSPA's claims or allegations set forth in its complaint and Notice Letter.

         II. ORDER AND DECREE

         THIS MATTER came before the Court upon the Parties' Joint Motion for Entry of Consent Decree and the foregoing Stipulations of the parties. Having considered the Stipulations and the promises set forth ...