Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 1 of 32 Page ID #:1
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`Christopher Sproul (State Bar No. 126398)
`Stuart Wilcox (State Bar No. 327726)
`ENVIRONMENTAL ADVOCATES
`5135 Anza Street
`San Francisco, California 94121
`Telephone: (415) 533-3376
`Facsimile: (415) 358-5695
`Emails: csproul@enviroadvocates.com
`wilcox@enviroadvocates.com
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`Attorneys for Plaintiff
`LOS ANGELES WATERKEEPER
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`
`
`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`
`
`LOS ANGELES WATERKEEPER
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`
` Plaintiff,
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` v.
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`AMERICAN RECLAMATION, INC., and
`JOHN R. GASPARIAN,
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` Defendants.
`
` Civil Case No. 21-cv-1140
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`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF AND
`CIVIL PENALTIES
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`
` (Federal Water Pollution Control
` Act, 33 U.S.C. §§ 1251 et. seq.)
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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 2 of 32 Page ID #:2
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`Los Angeles Waterkeeper (“LA Waterkeeperˮ or “Plaintiff”), by and through its counsel,
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`hereby alleges:
`I. INTRODUCTION
`1.
`This complaint seeks relief for alleged unlawful discharges of pollutants from the South
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`Coast Recycling Facility located at 4560 Doran Street, Los Angeles, CA 90039 (“the Facility”) into
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`waters of the United States in violation of the Federal Water Pollution Control Act, 33 U.S.C. sections
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`1251, et seq. (the “Clean Water Act” or the “CWA”) and the State of California’s National Pollution
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`Discharge Elimination System (“NPDES”) General Permit No. CAS000001 [California State Water
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`Resources Control Board] Water Quality Order No. 97-03-DWQ (“1997 Permit”). The Facility is owned
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`and operated by American Reclamation, Inc. and John R. Gasparian (“Defendants” or collectively,
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`“American Reclamation”). This Complaint further addresses American Reclamation’s violations of the
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`predecessor version of the Industrial Stormwater Permit issued by the California State Water Resources
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`Control Board (“State Board”) by Water Quality Order No. 91-013-DWQ (as amended by Order No. 92-
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`116) in 1991/1992 (“1992 Permit”), the version issued by the State Board in 1997 via Water Quality
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`Order No. 97-03-DWQ (“1997 Permit”) and its violations of the version of Industrial Stormwater Permit
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`issued on April 1, 2014 by State Board Water Quality Order No. 2014-0057-DWQ and effective on July
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`15, 2015 (“2015 Permit”) (note: as context appropriate, the term “Industrial Stormwater Permit” as used
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`herein refers to either of these three versions of the applicable NPDES permit for industrial stormwater
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`discharges in California or collectively to all three versions). All three of these versions of NPDES
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`Permit No. CAS000001 had/have similar terms and conditions. All references to sections of the version
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`of NPDES Permit No. CAS000001 adopted by Water Quality Order No. 2014-0057-DWQ should be
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`construed as equally referring to comparable sections in the State Board’s orders adopting the 1992 and
`1997 versions of this permit.1
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`1 The version of NPDES Permit No. CAS000001 adopted by Water Quality Order No. 2014-0057-DWQ
`became effective July 1, 2015 and supersedes the version of this permit adopted by Water Quality Order
`No. 97-03-DWQ “except for Order 97-03-DWQ’s requirement to submit annual reports by July 1, 2015
`and except for enforcement purposes.” Water Quality Order No. 2014-0057-DWQ at 1 & § I.6
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`COMPLAINT FOR DECLARATORY 1
`AND INJUNCTIVE RELIEF
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`

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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 3 of 32 Page ID #:3
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`2.
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`Violations of the CWA and the Industrial Stormwater Permit by small industrial sites are
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`recognized as a leading cause of significant, cumulative impacts to the water quality of the Los Angeles
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`River and the Pacific Ocean. With every rainfall event, hundreds of millions of gallons of polluted
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`rainwater flow off of local industrial facilities, such as American Reclamation’s, and pour into storm
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`drains and into the Los Angeles River and the Pacific Ocean. The consensus among agencies and water
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`quality specialists is that stormwater pollution accounts for more than half of the total pollution entering
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`the aquatic environment each year.
`3.
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`Stormwater runoff from the American Reclamation Facility in combination with similar
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`runoff from other industrial facilities is causing or risking harm to humans and aquatic life. In particular,
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`the Facility’s stormwater discharges, like other facilities in the watershed, contain suspended sediment
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`and heavy metals such as cadmium, iron, copper, lead, and zinc. Exposure and ingestion of heavy metals
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`can cause health problems in people and aquatic animals, including neurological and reproductive
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`effects. Fish are widely used to evaluate the health of aquatic systems because pollutants accumulate in
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`fish, which are an important part of aquatic food chains. Heavy metals have been shown to alter
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`physiological activity in tissues and blood of fish.
`4.
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`Stormwater runoff from the American Reclamation Facility, like other industrial facilities
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`in the watershed, further contains high concentrations of total suspended solids (“TSS”). High
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`concentrations of TSS degrade optical water quality by reducing water clarity and decreasing light
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`available to support photosynthesis. Suspended solids have been shown to alter predator-prey
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`relationships (for example turbid water can make it difficult for fish to see their prey). Deposited solids
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`alter habitat for fish, aquatic plants, and benthic organisms. TSS can also be harmful to aquatic life
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`because numerous pollutants, including metals and polycyclic aromatic hydrocarbons (“PAHs”), are
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`(Findings). Thus, all requirements imposed by Water Quality Order No. 97-03-DWQ will remain in full
`force and effect after July 1, 2015. However, the requirements imposed by Water Quality Order No.
`2014-0057-DWQ also came into effect after July 1, 2015 and American Reclamation’s future violations
`of such Order’s imposition of NPDES permit terms essentially identical to those ordered by Water
`Quality Order No. 97-03-DWQ are also enforceable.
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`COMPLAINT FOR DECLARATORY 2
`AND INJUNCTIVE RELIEF
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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 4 of 32 Page ID #:4
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`adsorbed onto TSS. Thus, higher concentrations of TSS mean higher concentrations of toxins associated
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`with those sediments.
`5.
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`Stormwater runoff from the American Reclamation Facility, like stormwater runoff from
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`other sources in the watershed, also contains potentially pathogenic bacteria which poses human health
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`risks and excessive nutrients which can lead to depressed oxygen levels harmful to aquatic life.
`6.
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`American Reclamation’s stormwater discharges contribute to the ongoing stormwater
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`pollution problem and exemplify the epidemic of violations of industrial stormwater permits that LA
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`Waterkeeper is seeking to eliminate or reduce. These pollution discharges can and must be curtailed for
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`the Los Angeles River and the Pacific Ocean to be restored to ecological health.
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`II. JURISDICTION AND VENUE
`7.
`This is a civil suit brought under the citizen suit enforcement provisions of the CWA.
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`This Court has subject matter jurisdiction over the parties and subject matter of this action pursuant to
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`CWA section 505(a)(1), 33 U.S.C. § 1365(a)(1), and 28 U.S.C. section 1331 (an action for declaratory
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`and injunctive relief arising under the Constitution and laws of the United States).
`8.
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`Plaintiff mailed, in two parts and by certified mail, the notice letter and supporting
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`documentation outlining Defendants CWA violations that form the basis of this lawsuit and providing
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`all legally required information on November 9, 2020 and November 10, 2020. The recipients of these
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`certified mail mailings included the required recipients under the CWA and its implementing
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`regulations: “the owner or managing agent of the” facility, the Administrator of the Environmental
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`Protection Agency (“EPA”), the EPA Region IX Regional Administrator, the California State Water
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`Resources Control Board, the registered agent for American Reclamation in California, and the Attorney
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`General. 40 C.F.R. § 135.2(a)(1), (b); see also 33 U.S.C. § 1365(b)(1)(A). These recipients are deemed
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`to have received notice on the postmark date, i.e., November 10, 2020 at the latest. See 40 C.F.R. §
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`135.2(c). Certified mail tracking information indicates that these recipients all in fact received the
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`certified mailings and that receipt occurred between November 12, 2020 and November 17, 2020.
`9.
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`More than sixty days have elapsed since Plaintiff gave notice of the claims in this lawsuit
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`to Defendants and the relevant state and federal agencies. Neither EPA nor the State of California has
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`COMPLAINT FOR DECLARATORY 3
`AND INJUNCTIVE RELIEF
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`

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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 5 of 32 Page ID #:5
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`commenced or is diligently prosecuting a court action to redress the violations alleged in this Complaint,
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`and no claim in this action is barred by any prior administrative action pursuant to section 309(g) of the
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`CWA, 33 U.S.C. § 1319(g).
`10.
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`Venue is proper in the Central District of California pursuant to CWA section 505(c)(1),
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`33 U.S.C. §1365(c)(1), because the source of the violations is located within this judicial district.
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`III. PARTIES
`11.
`Los Angeles Waterkeeper is a 501(c)(3) public benefit corporation, organized and
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`existing under the laws of the State of California with a principal office at 120 Broadway, Suite 105,
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`Santa Monica, California 90401. LA Waterkeeper was founded in 1993 with the mission of preserving,
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`protecting, and defending the inland and coastal waters of Los Angeles County from all sources of
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`pollution and degradation. In pursuit of this mission, LA Waterkeeper actively seeks federal and state
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`implementation of the CWA, and, where necessary, initiates enforcement actions under the CWA on
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`behalf of itself and its members. Members of LA Waterkeeper (including citizens, taxpayers, property
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`owners, and residents) live, work, travel, recreate, own property and homes, and reside in Los Angeles
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`County. They use and enjoy the waters into which American Reclamation causes pollutants to be
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`discharged, including the Los Angeles River, other Los Angeles County waterways, and the ocean and
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`beaches into which those waters flow (hereinafter collectively referred to as “impacted waters”).
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`Members of LA Waterkeeper use these waterways for recreational, educational, aesthetic, and spiritual
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`purposes. Additionally, LA Waterkeeper and its members use these waters to engage in scientific study
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`through pollution and habitat monitoring and conservation activities. American Reclamation’s discharge
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`of stormwater containing pollutants impairs each of those uses. Thus, the interests of LA Waterkeeper’s
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`members have been, are being, and will continue to be adversely affected by the degradation of these
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`waterways resulting from American Reclamation’s failure to comply with the Industrial Stormwater
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`Permit and the CWA.
`12.
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`Defendant American Reclamation performs recycling and associated activities, including
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`vehicle maintenance and fueling, in Los Angeles, California. Industrial activities at the Facility generate
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`dust; toxic metals such as copper, cadmium, lead, aluminum, iron, and zinc; oil and grease; nitrites and
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`COMPLAINT FOR DECLARATORY 4
`AND INJUNCTIVE RELIEF
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`

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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 6 of 32 Page ID #:6
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`nitrates; bacteria, including total coliform and E. coli; and TSS and pH-affecting substances. During
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`rainfall events, these substances are entrained into stormwater that flows over and across the Facility and
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`enters the Los Angeles River and the Pacific Ocean.
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`IV. REGULATORY BACKGROUND
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`Clean Water Act
`13.
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`CWA section 301(a), 33 U.S.C. § 1311(a), prohibits the discharge of any pollutant into
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`waters of the United States unless the discharge is in compliance with various enumerated CWA
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`sections. Among other things, CWA section 301(a) prohibits discharges not authorized by, or in
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`violation of, the terms of an NPDES permit issued pursuant to CWA section 402, 33 U.S.C. § 1342.
`14.
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`CWA section 402(p) requires that NPDES permits be issued for stormwater discharges
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`associated with industrial activities.
`15.
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`CWA section 402(b) allows each state to administer its own EPA-approved permit
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`program for discharges. In California, the State Board and its nine Regional Boards have approval from
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`EPA to administer an NPDES permit program for the State. The State Board and its nine Regional
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`Boards issue individual and general NPDES permits regulating water pollutant discharges from various
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`categories of dischargers.
`16.
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`CWA section 505(a)(1) provides for citizen enforcement actions against any “person,”
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`including individuals, corporations, or partnerships, for violations of NPDES permit requirements and
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`for unpermitted discharges of pollutants. 33 U.S.C. § 1365(a)(1); see also 33 U.S.C. § 1362(5).
`17.
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`CWA section 505(a) authorizes a citizen suit action for injunctive relief. 33 U.S.C. §
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`1365(a). CWA violators are also subject to an assessment of civil penalties of up to $37,500 per day per
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`violation for violations of the CWA occurring from January 12, 2009 to November 2, 2015 and $51,570
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`per day per violation for violations occurring after November 2, 2015 and assessed on or after August 1,
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`2016. See 33 U.S.C. § 1319(d) (CWA § 309(d)); 40 C.F.R. § 19.4 (2016) (Adjustment of Civil Monetary
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`Penalties for Inflation).
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`State Regulations
`18.
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`The Los Angeles River is heavily degraded from pollutant loading. The EPA, the State
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`COMPLAINT FOR DECLARATORY 5
`AND INJUNCTIVE RELIEF
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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 7 of 32 Page ID #:7
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`Board, and the Los Angeles Regional Water Quality Control Board (“Regional Board”) have officially
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`recognized this pollution problem by, inter alia, placing the Los Angeles River on the CWA section
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`303(d) list of waters that are so polluted that they do not meet applicable CWA water quality standards.
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`The Regional Board’s Basin Plan is the State of California’s master policy document setting forth the
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`legal, technical, and programmatic bases of water quality regulation in the Los Angeles Region (Region
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`4). Among other things, the Basin Plan includes the water quality standards/water quality objectives
`needed to protect the designated beneficial water uses of the Los Angeles River.2 The Basin Plan sets
`forth narrative water quality objectives for sediment, settable matter, and suspended materials, as well as
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`narrative objectives for not impairing water quality with oil sheens, turbidity, or other nuisance
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`conditions. The Basin Plan also includes numeric water quality standards for pH, dissolved oxygen,
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`nitrites and nitrates, bacteria, and toxic pollutants as well as site specific objectives for certain pollutants
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`of concern such as cadmium, copper, lead, and zinc.
`19.
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`In addition, a rule promulgated by EPA known as the California Toxics Rule (“CTR”), 40
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`C.F.R. § 131.38, sets forth additional CWA water quality standards for 126 toxic priority pollutants in
`California’s rivers, lakes, enclosed bays, and estuaries.3 The CTR, which applies to the Los Angeles
`River, includes limits for several toxic metals.
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`The General Industrial Stormwater Permit
`20.
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`In California, the State Board has elected to issue a single, statewide general permit
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`applicable to all stormwater discharges associated with industrial activity. The Industrial Stormwater
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`Permit is a NPDES permit pursuant to CWA section 402(p), 33 U.S.C. § 1342(p), the current version of
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`which took effect on July 1, 2015. To discharge stormwater lawfully in California, industrial dischargers
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`2 The Basin Plan is published by the Regional Board on the internet at:
`https://www.waterboards.ca.gov/losangeles/water_issues/programs/basin_plan/
` The water quality standards are provided in Chapter 3, available at:
`https://www.waterboards.ca.gov/losangeles/water_issues/programs/basin_plan/2020/Chapter_3/Chapter
`_3.pdf
`3 The CTR is explained in the Federal Register preamble accompanying the CTR promulgation set forth
`at 65 Fed. Reg. 31682.
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`COMPLAINT FOR DECLARATORY 6
`AND INJUNCTIVE RELIEF
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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 8 of 32 Page ID #:8
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`must secure coverage under the Industrial Stormwater Permit and comply with its terms or obtain and
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`comply with an individual NPDES permit.
`21.
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`It is unlawful to discharge pollutants to waters of the United States, such as the Los
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`Angeles River, without an NPDES permit or in violation of the terms and conditions of an NPDES
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`permit.
`22.
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`On August 11, 2015, American Reclamation submitted a Notice of Intent to be
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`authorized to discharge stormwater from its Facility by the Industrial Stormwater Permit and thus at all
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`relevant times has been a permittee subject to the Industrial Stormwater Permit’s requirements.
`23.
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`Other than coverage under the Industrial Stormwater Permit, American Reclamation’s
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`Facility lacks NPDES permit authorization for any wastewater discharges.
`24.
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`The Industrial Stormwater Permit contains certain absolute prohibitions. Discharge
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`Prohibition III.B of the Industrial Stormwater Permit prohibits the direct or indirect discharge of
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`materials other than stormwater (“non-stormwater discharges”), which are not otherwise authorized by
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`an NPDES permit, to the waters of the United States. Discharge Prohibition III.C of the Industrial
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`Stormwater Permit prohibits stormwater discharges that cause or threaten to cause pollution,
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`contamination, or nuisance. Receiving Water Limitation VI.B of the Industrial Stormwater Permit
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`prohibits discharges that adversely impact human health or the environment. Receiving Water
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`Limitation VI.A of the Industrial Stormwater Permit prohibits discharges that cause or contribute to an
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`exceedance of any applicable water quality standard contained in a Statewide Water Quality Control
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`Plan or the applicable Regional Board’s Basin Plan.
`25.
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`In addition to absolute prohibitions, the Industrial Stormwater Permit contains a variety
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`of substantive and procedural provisions with which dischargers must comply. At a minimum,
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`dischargers must employ measures to reduce or eliminate stormwater pollution that constitute the Best
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`Available Technology Economically Achievable (“BAT”) and the Best Conventional Pollutant Control
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`Technology (“BCT”). Industrial Stormwater Permit, Effluent Limitation V.A.
`26.
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`Dischargers must develop and implement a Stormwater Pollution Prevention Plan
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`(“SWPPP”) at the time industrial activities begin. Industrial Stormwater Permit, X.A. The SWPPP must
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`COMPLAINT FOR DECLARATORY 7
`AND INJUNCTIVE RELIEF
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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 9 of 32 Page ID #:9
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`identify and evaluate sources of pollutants associated with industrial activities that may affect the quality
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`of stormwater and authorized non-stormwater discharges from the facility. Id. The SWPPP must identify
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`and implement site-specific best management practices (“BMPs”) to reduce or prevent pollutants
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`associated with industrial activities in stormwater and authorized non-stormwater discharges. Id. The
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`SWPPP must include BMPs that achieve pollutant discharge reductions attainable via BAT and BCT.
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`Id., Effluent Limitation ¶ I.D(32)
`27.
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`The SWPPP must include: a narrative description and summary of all industrial activity,
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`potential sources of pollutants, and potential pollutants; a site map indicating the stormwater conveyance
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`system, associated points of discharge, direction of flow, areas of actual and potential pollutant contact,
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`including the extent of pollution generating activities, nearby water bodies, and pollutant control
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`measures; a description of stormwater management practices; a description of the BMPs to be
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`implemented to reduce or prevent pollutants in stormwater discharges and authorized non-stormwater
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`discharges; the identification and elimination of non-stormwater discharges; the location where
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`significant materials are being shipped, stored, received, and handled, as well as the typical quantities of
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`such materials and the frequency with which they are handled; a description of dust and particulate
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`generating activities; and a description of individuals and their current responsibilities for developing
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`and implementing the SWPPP. Id. at X.A.
`28.
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`The Industrial Stormwater Permit also requires facility operators to properly operate and
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`maintain any facilities and systems of treatment and control installed or used to achieve compliance with
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`the conditions of the Industrial Stormwater Permit and requirements of the SWPPP at all times.
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`Industrial Stormwater Permit, XXI.F. The SWPPP and site maps must be assessed and revised as
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`necessary to ensure accuracy and effectiveness. Id. at X.B.
`29.
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`Under the 2015 version of the Industrial Stormwater Permit, dischargers are required to
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`prepare and implement a Monitoring Implementation Plan (“MIP”) as part of their SWPPP. Industrial
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`Stormwater Permit, Section I. The MIP requirements in the 2015 Permit specify visual observation
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`procedures and locations, sampling procedures, and methods that dischargers must comply with. Id.,
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`Sections I, IX. The 1997 Permit’s Monitoring and Reporting Program (“MRP”) required similar
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`COMPLAINT FOR DECLARATORY 8
`AND INJUNCTIVE RELIEF
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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 10 of 32 Page ID #:10
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`actions.4
`30.
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`Pursuant to the monitoring and reporting requirements of the Industrial Stormwater
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`Permit, facility operators must conduct ongoing visual observations of stormwater and non-stormwater
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`discharges and record responsive measures taken to eliminate unauthorized non-stormwater and to
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`reduce or prevent pollutants in stormwater and authorized non-stormwater discharges. Industrial
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`Stormwater Permit at XI.A.1. Facility operators must collect samples of stormwater discharges from all
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`locations where stormwater may be discharged from the facility. Id. at XI.B.4. Facility operators must
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`submit Annual Reports to the Regional Board accurately reporting their monitoring activity. Id. at
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`XVI.A.
`31.
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`The 2015 Permit incorporates a multiple objective performance measurement system that
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`includes Numeric Action Levels (“NALs”), new comprehensive training requirements, Level 1
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`Exceedance Response Actions (“ERA Reports”), Level 2 ERA Technical Reports, and Level 2 ERA
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`Action Plans. The 2015 Permit contains two types of NALs: (1) an annual NAL and (2) an instantaneous
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`maximum NAL. WQO-2014-0057-DWQ § XII.A.1. & 2. Dischargers exceed an annual NAL when the
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`average of all their stormwater discharge sampling results within a reporting year for a single parameter
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`(except pH) exceeds the applicable annual NAL. Dischargers exceed an instantaneous maximum NAL
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`when two or more analytical results from their stormwater discharge sampling results for any parameter
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`within a reporting year exceed the applicable instantaneous maximum NAL value. Instantaneous
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`maximum NALs are only for TSS, Oil and Grease, and pH. If dischargers’ stormwater discharges
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`exceed these NALs, the 2015 Permit deems dischargers to be in “Level 1 status” and requires such
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`dischargers to complete a Level 1 status evaluation by October 1, 2016 (and annually thereafter so long
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`4 Under the predecessor versions of the Industrial Stormwater Permit, Facility operators were required to
`develop and implement a MRP when industrial activities begin at a facility. 1997 Industrial Stormwater
`Permit at ¶ B.1 and Provision ¶ E.3. The MRP must ensure that stormwater discharges are in compliance
`with the Discharge Prohibitions, Effluent Limitations, and Receiving Water Limitations specified in the
`Industrial Stormwater Permit. Id. at ¶ B.2. The MRP must ensure that practices at the facility to prevent
`or reduce pollutants in stormwater and authorized non-stormwater discharges are evaluated and revised
`to meet changing conditions at the facility, including revision of the SWPPP. Id.
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`COMPLAINT FOR DECLARATORY 9
`AND INJUNCTIVE RELIEF
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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 11 of 32 Page ID #:11
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`as their stormwater discharges continue to exceed NALs) of the industrial pollutant sources at the
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`facility that are or may be related to the NAL exceedance(s). WQO-2014-0057-DWQ § XII.C.1.
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`Additionally, such dischargers must submit a Level 1 ERA Report to the State Board by January 1, 2017
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`(and annually thereafter so long as their stormwater discharges continue to exceed NALs and until they
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`have completed ERAs) summarizing their Level 1 status evaluation and describing their revisions to
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`their SWPPPs and any additional BMPs they are implementing. WQO-2014-0057-DWQ § XII.C.2. If a
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`discharger further exceeds NALs while in Level 1 status, then the 2015 Permit assigns the discharger
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`“Level 2 status.” WQO-2014-0057-DWQ § XII.D. The 2015 Permit requires dischargers in Level 2
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`status to develop and implement a Level 2 action plan by January 1 following the discharger acquiring
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`Level 2 status setting forth the measures the discharger will implement to avoid future NAL
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`exceedances. WQO-2014-0057-DWQ § XII.D.1. By the following January 1, the dischargers must
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`further submit a Level 2 technical report analyzing the BMPs implemented and whether these BMPs
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`will avoid NAL exceedances and whether additional BMPs are needed to avoid BMP exceedances.
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`WQO-2014-0057-DWQ § XII.D.2.
`32.
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`On November 6, 2018, the Board approved an amendment to the 2015 Permit (the “2018
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`Amendment”). These new requirements became effective on July 1, 2020. 2018 Amendment,
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`Attachment E. Any discharges of stormwater after July 1, 2020 with pollutant levels exceeding a
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`Numeric Effluent Limitation (“NEL”) or Total Maximum Daily Load (“TMDL”) Numeric Action Level
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`(“TNAL”) in effect under the 2018 Amendment constitute violations of the General Permit and the
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`CWA.
`V. STATEMENT OF FACTS
`33.
`In much of the Los Angeles area, stormwater drains untreated either directly, or through
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`the storm drain system, into the Los Angeles River and the Pacific Ocean. With every rainfall event,
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`hundreds of millions of gallons of polluted rainwater, originating from industrial facilities, pour into the
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`Los Angeles River and the Pacific Ocean.
`34.
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`American Reclamation operates a recycling facility that is located just south of the
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`Ventura Freeway and is directly adjacent to the Los Angeles River near its confluence with the Verdugo
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`COMPLAINT FOR DECLARATORY 10
`AND INJUNCTIVE RELIEF
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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 12 of 32 Page ID #:12
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`Wash. As noted, the address for the Facility is 4560 Doran Street, Los Angeles, California.
`35.
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`Activities at the Facility include recycling of construction, demolition, and inert debris
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`(“CDI”), green and wood waste, paper, plastic, and metal; a public buy-back center; a recyclables
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`elevated sorting line; green and wood waste chipping and grinding; paper stock processing; plastic
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`material processing; fueling and maintenance of trucks and equipment; and storage of materials on site
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`to conduct these activities. The operations at the Facility, including loading, unloading, sorting,
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`grinding, washing, construction, demolition, moving, and storage of industrial materials, occur, at least
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`in part, outdoors and cause pollutants to be exposed to rainfall. With the exception of the public buy-
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`back center, all materials at the Facility are received, handled, and stored outdoors, and, on information
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`and belief, some truck and equipment maintenance and refueling takes place at the Facility without
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`cover as well. Stormwater comes into contact with pollutants at the Facility. Dust, debris, and residues
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`are also tracked from the covered areas and by operational equipment to other areas, including adjoining
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`public streets, that contact stormwater.
`36.
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` Discharges of stormwater flow off the Facility at two discharge points that then
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`discharge directly into the Los Angeles River, Reach 3.
`37.
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`The Industrial Stormwater Permit requires a discharger to monitor additional parameters
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`if the discharge(s) from its facility contributes pollutants to receiving waters that the State Board and the
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`EPA have listed as impaired for those pollutants pursuant to CWA section 303(d). See 2015 Permit § VI.
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`A-C and VII.B. Reach 3 of the Los Angeles River is listed as impaired for trash, ammonia, copper,
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`nutrients (algae), toxicity, and bacteria.
`38.
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`The Facility lacks sufficient and/or sufficiently well-maintained berms or other structural
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`controls to retain stormwater on the Facility. American Reclamation does not sufficiently treat
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`contaminated stormwater prior to discharge from the Facility.
`39.
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`The types of pollutants that the Facility releases into the immediate environment include,
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`among others: dust; toxic metals such as cadmium, copper, lead, aluminum, iron, and zinc; oil and
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`grease; nitrites and nitrates; bacteria, including total coliform and E. coli; and TSS and pH-affecting
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`substances. The industrial materials stored, and the pollutants generated, at the Facility are exposed to
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`COMPLAINT FOR DECLARATORY 11
`AND INJUNCTIVE RELIEF
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`Case 2:21-cv-01140 Document 1 Filed 02/08/21 Page 13 of 32 Page ID #:13
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`stormwater flows.
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`American Reclamation Activities Contributing to CWA Violations
`40.
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`American Reclamation has not developed and/or implemented an adequate SWPPP at the
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`Facility in accord with Section A: Stormwater Pollution Prevention Plan Requirements, ¶ 1 of the 1997
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`Permit; and by Section X.A-I. of the 2015 Permit.
`41.
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`American Reclamation has failed to prepare, maintain, revise, and implement its SWPPP
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`as required, as evidenced by American Reclamation’s stormwater discharges in excess of EPA and State
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`benchmarks.
`42.
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`American Reclamation’s SWPPP does not identify and evaluate all sources of pollutants
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`that may affect the quality of industrial stormwater discharges and authorized non-stormwater
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`discharges. WQO-2014-0057-DWQ §§ X.C.1.A., X.G.2. The SWPPP must describe each industrial
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`process and the “type, characteristics,