NEW YORK A
California scrap company is facing a lawsuit for allegedly
violating the Clean Water Act.
The suit filed by the
California Sportfishing Protection Alliance (CSPA) against
Chico Scrap Metal Inc., Chico, Calif., initially was thrown out
by the U.S. District Court in California because the Butte
County District Attorneys office had previously filed
criminal and civil cases against the recycler.
But the Ninth Circuit
Court of Appeals decided that the states action against
Chico Scrap Metal was not equivalent to penalties for Clean
Water Act violations, and ruled last week that the CSPA lawsuit
alleging violations of industrial stormwater regulations can
Department of Toxic Substances investigated Chico Scrap Metal
in 2007 and found allegedly unlawful transportation and
disposal of hazardous waste. The Butte County District
Attorneys office did not pursue criminal and civil
actions against the company after it entered a plea in 2008 (
amm.com, Oct. 22, 2009).
The CSPA, Chico Scrap
Metal and the recyclers attorney could not be reached for