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`
`
`Jason R. Flanders (Bar No. 238007)
`Erica A. Maharg (Bar No. 279396)
`Aqua Terra Aeris (ATA) Law Group
`4030 Martin Luther King Jr. Way
`Oakland, California 94609
`Telephone: (510) 473-8793
`Email: jrf@atalawgroup.com
`Email: eam@atalawgroup.com
`
`Drevet Hunt (Bar No. 240487)
`California Coastkeeper Alliance
`1100 11th Street, 3rd Floor
`Sacramento, California 95814
`Phone: (415) 606-0864
`Fax: (415) 520-6125
`Email: dhunt@cacoastkeeper.org
`
`Daniel Cooper (Bar No. 153576)
`Sycamore Law
`1004 O'Reilly Ave
`San Francisco CA 94129
`Phone: (415) 360-2962
`Email: daniel@sycamore.law
`
`Attorneys for Plaintiff
`CALIFORNIA COASTKEEPER ALLIANCE
`
`
`UNITED STATES DISTRICT COURT
`
`EASTERN DISTRICT OF CALIFORNIA
`
`SACRAMENTO DIVISION
`
`
`CALIFORNIA COASTKEEPER ALLIANCE, a
`California non-profit corporation,
`
`
`
`
`
`COUNTY OF SACRAMENTO, a municipality,
`SACRAMENTO AREA SEWER DISTRICT, a
`California county sanitation district, and
`SACRAMENTO COUNTY DEPARTMENT OF
`WATER RESOURCES,
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`COMPLAINT FOR DECLARATORY
`AND INJUNCTIVE RELIEF AND
`CIVIL PENALTIES
`
`(Federal Water Pollution Control Act,
`33 U.S.C. § 1251 et seq.)
`
`
`
`
`
`Defendants.
`
`Complaint
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`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 2 of 24
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`California Coastkeeper Alliance (“Alliance” or “Plaintiff”), by and through its counsel, hereby
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`alleges:
`
`I.
`
`INTRODUCTION
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`1.
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`This is a civil action brought under the citizen suit enforcement provisions of the Federal
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`Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (“Clean Water Act” or “CWA”), to address the
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`unlawful point source discharges by the County of Sacramento (“County”) and/or the Sacramento Area
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`Sewer District (“SASD”) to waters of the United States without a permit. This action further addresses
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`the County’s violations of National Pollutant Discharge Elimination System Permit and Waste
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`Discharge Requirements MS4 Permit for Discharges from Municipal Separate Storm Sewer Systems,
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`NPDES Permit No. CAS0085324, Order No. R5-2016-0040 (“MS4 Permit”). The Alliance seeks a
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`declaratory judgment, injunctive relief, the imposition of civil penalties, and an award of costs, including
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`attorney and expert witness fees, for these violations.
`
`II.
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`JURISDICTION AND VENUE
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`2.
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`This Court has subject matter jurisdiction over the parties and this action pursuant to 33
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`U.S.C. § 1365(a)(1) (the Clean Water Act citizen suit provision), 28 U.S.C. § 1331 (an action arising
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`under the laws of the United States), and 28 U.S.C. § 2201 (declaratory relief).
`
`3.
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`On August 13, 2021, the Alliance provided notice of intent to file suit against the County
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`and SASD for their violations of the Clean Water Act (“Notice Letter”) pursuant to 33 U.S.C. § 1365(b).
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`The Notice Letter is attached hereto as Attachment 1 and is incorporated herein by reference.
`
`4.
`
`As required by 40 C.F.R. § 135.2(a)(2), the Alliance sent the Notice Letter to the County
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`of Sacramento as owner/operator of the County’s municipal separate storm sewer system MS4 (“MS4”),
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`and to the County and the SASD as the owners and/or operators of the SASD sewage collection system
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`(“Collection System”); specifically, the County Executive, the District Engineer, the Board of Directors
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`of the SASD, the Director of Sacramento County Department of Water Resources, and the
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`Administrator of the Sacramento County Sanitation Districts Agency. The Alliance also sent the Notice
`Complaint
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`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 3 of 24
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`
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`Letter to the Administrator of the United States Environmental Protection Agency (“EPA”), the
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`Administrator of EPA Region IX, the Executive Director of the State Water Resources Control Board
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`(“State Board”), and the Executive Officer of the Regional Water Quality Control Board, Region 5,
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`Central Valley (“Regional Board”) (collectively, “State and Federal agencies”), as required by section
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`505(b) of the CWA, 33 U.S.C. § 1365(b)(1)(A). The Notice Letter is attached as Attachment 1 and is
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`incorporated herein by reference.
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`5.
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`More than sixty (60) days have passed since the Notice Letter was mailed to the County,
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`SASD, and the State and Federal agencies.
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`6.
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`The Alliance is informed and believes, and thereon alleges, that neither EPA nor the State
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`of California has commenced or is diligently prosecuting an action to redress the violations alleged in
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`the Notice Letter and in this Complaint. See 33 U.S.C. § 1365(b)(1)(B). This action is not barred by any
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`prior administrative penalty under section 309(g) of the CWA, 33 U.S.C. § 1319(g).
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`7.
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`Venue is proper in the Eastern District of California pursuant to section 505(c)(1) of the
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`CWA, 33 U.S.C. § 1365(c)(1), because the source of the violations is located within this judicial district.
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`III.
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`INTRADISTRICT ASSIGNMENT
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`8.
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`Pursuant to L.R. 120(d) intradistrict assignment of this matter to the Sacramento Division
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`of the Court is appropriate because the events or omissions which give rise to Plaintiff’s claims occurred
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`in Sacramento County. In addition, the Alliance maintains its principal place of business in the County
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`of Sacramento. No event or omission giving rise to the Alliance’s claims occurred within the jurisdiction
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`of any other Division of this Court.
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`IV.
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`PARTIES AND FACTUAL BACKGROUND
`
`A.
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`9.
`
`The Alliance
`
`Plaintiff the Alliance is an environmental group, organized as a non-profit corporation in
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`accordance with the laws of the State of California, with its main office in Sacramento.
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`10.
`Complaint
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` The mission of the Alliance is to advance statewide policies and programs for healthy
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`and clean waters. To this end, the Alliance works with local Waterkeepers to develop, implement, and
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`defend policies that meet the needs of California’s distinct communities and ecosystems. The Alliance
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`also seeks federal and state agency implementation of the CWA and, where necessary, initiates
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`enforcement actions on behalf of itself and its members.
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`11.
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`12.
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`The Alliance’s office is located at 1100 11th Street, 3rd Floor, Sacramento, CA 95814.
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`The Alliance’s members use and enjoy the waters receiving the illegal discharges
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`identified herein, including but not limited to the Mokelumne River, Dry Creek, Morrison Creek, the
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`American River, the Sacramento River, and the named and unnamed tributaries thereto (“Receiving
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`Waters”).
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`13.
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`The Alliance is informed and believes, and thereon alleges, that the County and SASD
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`discharge raw sewage and associated pollutants to the Receiving Waters. These discharges of raw
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`sewage and associated pollutants degrades water quality and harms aquatic life in these waters.
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`14.
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`The Alliance is informed and believes, and thereon alleges, that SASD and the County
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`discharge to area businesses, residents’ yards and basements, and municipal sidewalks, streets, gutters,
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`and other paved and unpaved areas, which exposes members of the Alliance and the public to substantial
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`health risks.
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`15.
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`The Alliance has members who use and enjoy the Receiving Waters for various
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`recreational, educational, scientific, conservation, aesthetic, spiritual and other purposes.
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`16.
`
`The interests of the Alliance’s members have been, are being, and will continue to be
`
`adversely affected by the County’s and/or SASD’s failure to comply with the Clean Water Act and the
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`MS4 Permit.
`
`17.
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`The Alliance has one or more members who use, explore, and recreate in areas impacted
`
`by the pollution herein at issue and could sue in their own right. Some of the Alliance’s members suffer
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`recreational, aesthetic, or other environmental injuries due to Defendants’ pollution. The Alliance’s
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`members use and enjoyment of the Receiving Waters have been reduced and/or changed based on the
`Complaint
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`discharges of raw sewage, and would cease should the water quality become too degraded.
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`18.
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`The County’s and SASD’s discharges of raw sewage and associated pollutants are
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`ongoing and continuous.
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`19.
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`The Alliance’s injuries-in-fact are fairly traceable to the County’s and/or SASD’s
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`conduct.
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`20.
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`21.
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`The Alliance’s injuries-in-fact would be redressed by the requested relief.
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`Continuing commission of the acts and omissions alleged herein will irreparably harm the
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`Alliance’s members, for which harm they have no plain, speedy, or adequate remedy at law.
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`22. Neither the claims brought by the Alliance nor the relief the Alliance requests requires
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`the participation of individual members.
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`B.
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`The Collection System
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`23. The Collection System consists of approximately 4,682 miles of pipeline, including
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`3,074 miles of gravity sewer, 1,527 miles of lateral sewer, and 81 miles of force mains. The system has
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`approximately 299,000 service connections,
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`24. The Alliance is informed and believes, and thereon alleges, that the Collection System
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`collects and conveys sewage from residential, commercial, industrial, and agricultural sources. Sewage
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`from these sources includes without limitation human and animal waste, household chemicals, wastes
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`from restaurants, wastes from hospitals, and wastes from industrial manufacturing and processing.
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`25. The Collection System serves a population of approximately 1.2 million people in the
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`Sacramento region.
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`26. The Collection System consists of pipes and other manmade conveyances that are point
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`sources under the Clean Water Act. See 33 U.S.C. § 1362(14).
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`27. The Collection System conveys sewage from within Sacramento County and the cities of
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`Complaint
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`Elk Grove, Rancho Cordova, and Citrus Heights, and portions of the cities of Sacramento and Folsom,
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`to the sewage collection system owned and operated by the Sacramento Regional County Sanitation
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`District, where it is subsequently delivered to the Sacramento Regional Wastewater Treatment Plant.
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`28. The Collection System runs through a number of river watersheds that make up the
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`Receiving Waters.
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`C.
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`The Owners and Operators of the Collection System
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`i. The County of Sacramento
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`29.
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`The Alliance is informed and believes, and thereon alleges, that the County of
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`Sacramento is an owner and/or operator of the Collection System.
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`30.
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`The County of Sacramento is a political subdivision of the State of California.
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`31. Under the Sacramento County Code, section 2.09.710, “there is established within
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`County government a Sanitation Districts Agency.”
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`32.
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`The SASD and Sacramento Regional County Sanitation District (“SRCSD”) select, the
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`County Executive Officer appoints, and the County Board of Supervisors confirms, a District Engineer.
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`The District Engineer serves as the County Sanitation Districts Agency’s “Agency Administrator.”
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`Sacramento County Code § 2.09.710.
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`33.
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`The Agency Administrator is subject to removal by the County Executive. Sacramento
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`County Code § 2.09.710. The Agency Administrator manages and controls many aspects of the SASD
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`operations. The Agency Administrator is responsible for, among other things, (1) performing duties
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`authorized and directed by the SRCSD and SASD Boards of Directors, (2) overseeing the department
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`with County staff assigned to SRCSD and SASD and acting as liaison to those districts’ governing
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`bodies, (3) making recommendations to the SRCSD and SASD Boards of Directors and the County
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`Executive respecting sanitary sewer services and infrastructure. See Sacramento County Code §
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`2.09.710. Staff for the operations of SASD is provided by the County. Sacramento County Code §
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`2.09.700.
`Complaint
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`34.
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`There are four departments within the County Sanitation Districts Agency. One of these
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`departments is the SASD Operations department. See Sacramento County Code § 2.09.710.
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`The SASD Operations department is responsible for, among other things, (1) performing duties
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`authorized and directed by the SASD Board of Directors, (2) processing all technical matters related to
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`SASD, (3) making recommendations regarding the awarding of contracts for the construction, repair,
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`and maintenance of all facilities under the department supervision, (4) representing the County and
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`SASD in dealing with other agencies, organizations, groups, and individuals, and (5) advising and
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`assisting other county departments and agencies with respect to the sewer district. See Sacramento
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`County Code § 2.09.730.
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`ii. Sacramento Area Sewer District
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`35. The Alliance is informed and believes, and thereon alleges, that SASD is an owner and/or
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`operator of the Collection System.
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`36. The SASD is a county sanitation district organized under the California Health and
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`Safety Code that serves the cities of Elk Grove, Rancho Cordova, and Citrus Heights, and portions of the
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`cities of Sacramento and Folsom.
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`37. The SASD owns thousands of miles of lower laterals and sewer mainline pipes that make
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`up the Collection System. SASD is responsible for the operation and maintenance of the Collection
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`System. These responsibilities include responding to citizen complaints of Sanitary Sewer Overflows
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`(“SSOs”), conducting routine maintenance, cleaning, and inspection of the Collection System, and
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`repairing and replacing the Collection System.
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`38. The SASD is overseen by a Board of Directors composed of the five Sacramento County
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`Supervisors and the mayors (or their designees) of the cities of Citrus Heights, Elk Grove, Folsom,
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`Rancho Cordova, and Sacramento.
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`D. Sanitary Sewer Overflows from the Collection System
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`39. Since July 14, 2018, the County and SASD have had at least 2,629 SSOs from the
`Complaint
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`Collection System, which is equivalent to an average of 14.61 SSOs per 100 miles of sewer pipes per
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`year for 2019 and 2020. See Notice Letter, section IV.A, at 9. These SSOs are documented in
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`information reported to the California Integrated Water Quality Systems (“CIWQS”).
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`40. The Alliance is informed and believes, and thereon alleges, that these reported SSOs have
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`spilled directly to area surface waters, to the streets, curbs, gutters and other paved surfaces that
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`comprise the MS4, to unpaved areas, and into homes and businesses served by the Collection System.
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`41. The MS4 is a conveyance or system of conveyances designed or used for collecting and
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`conveying storm water. It and its components are point sources under the Clean Water Act.
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`42. The Alliance is informed and believes, and thereon alleges, that once raw sewage and its
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`associated pollutants are discharged to the MS4, they will be subsequently discharged to waters of the
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`United States.
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`43. The Alliance is informed and believes, and thereon alleges, that of the 2,629 SSOs,
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`at least 759 discharged to waters of the United States.
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`44. The Alliance is informed and believes, and thereon alleges, that SASD and/or the County
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`has failed to adequately operate, maintain, repair, rehabilitate, and/or replace the Collection System, thus
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`resulting in SSOs.
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`45. The Alliance is informed and believes, and thereon alleges, that the County and/or
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`SASD’s SSO reports lack the details that would identify the causes and the potential repairs ensuring
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`these violations would not recur.
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`46. The Alliance is informed and believes, and thereon alleges, that some of the SSOs
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`reported by the County and/or SASD as partially reaching a surface water did so in greater volume than
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`stated.
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`47. The Alliance is informed and believes, and thereon alleges, that the County and/or SASD
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`lack an adequate monitoring program to detect, report, and address SSOs and their impacts.
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`48. The Alliance is informed and believes, and thereon alleges, that the County and/or
`Complaint
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`SASD has failed to post health warning signs for discharges reaching a surface water for at least 164
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`spills. See Notice Letter, section IV.A, at 11.
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`49. The Alliance is informed and believes, and thereon alleges, that the County and SASD
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`fails to adequately mitigate the impacts of SSOs, including, but not limited to, analyzing the impact of
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`its SSOs or measures needed to restore water bodies from the impacts of SSOs.
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`50. The Alliance is informed and believes, and thereon alleges, the County and/or SASD are
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`not reported SSOs, and that since July 14, 2018, data on CIWQS indicates that of the 759 SSOs reported
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`by the County and/or SASD as having reached a surface water, only 16 were sampled. See Notice Letter,
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`section IV.A, at 12.
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`51. The Alliance is informed and believes, and thereon alleges, that many of the SSOs from
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`the Collection System are caused by defects in the sewer lines, displaced joints, eroded segments, root
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`intrusion, and blockages due to grease and rags.
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`52. The Alliance is informed and believes, and thereon alleges, that many of the SSOs from
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`the Collection System are capacity-related spills caused by the Collection System’s inadequate capacity
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`to handle peak wet-weather flows. Flows through the Collection System increase considerably during
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`wet weather due to the infiltration and inflow of rainwater into sewer pipes, which overwhelms the
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`capacity of the Collection System and causes SSOs.
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`53.
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`The Alliance is informed and believes, and thereon alleges, that sewage wastewater seeps
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`into groundwater hydrologically connected to surface waters including the Receiving Waters.
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`54. The Alliance is informed and believes, and thereon alleges, that at no point has SASD or
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`the County obtained a CWA permit that authorizes the discharge of pollutants from the Collection
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`System to waters of the United States.
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`E. The County MS4
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`55. An MS4 is a system of conveyances that includes but is not limited to streets, curbs,
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`gutters, other paved surfaces, catch basins, ditches, man-made channels, catch basins and/or storm drains
`Complaint
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`owned or operated by a State, city, or town that is designed or used for collecting or conveying storm
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`water and that discharges to waters of the United States. See 40 C.F.R. 122.26(b)(8)(i)-(ii); see also 40
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`C.F.R. § 122.26(b)(18).
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`56. The MS4 covers areas also served by the Collection System.
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`57. The County MS4 contains numerous streets, curbs, gutters, sidewalks, other paved
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`surfaces, and/or storm drain inlets that lead to storm drain pipes and other conveyances, which discharge
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`to the Sacramento River, the American River, and/or their local tributaries.
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`58. The Alliance is informed and believes, and thereon alleges, that pollutants in SSOs and
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`other materials that reach the County MS4 discharge to local waterways.
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`F. The Owner and Operator of the MS4
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`59. The County owns and/or operates the MS4 in the unincorporated areas of Sacramento
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`County.
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`60. The County is a permittee on the MS4 Permit.
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`61. The County is required to comply with all provisions of the MS4 Permit. General
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`Permit, Provisions, D.1.A.
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`62. The Alliance is informed and believes, and thereon alleges, that pursuant to the General
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`Permit, the County has had and continues to have jurisdiction over and/or operation and maintenance
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`responsibilities for the MS4.
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`63. The County’s Department of Water Resources is charged with the operation and
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`maintenance of the MS4.
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`G. Discharges of Sewage and Associated Pollutants into the County MS4
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`64. The Alliance is informed and believes, and thereon alleges, that on at least 749
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`occasions since July 14, 2018, sewage from the Collection System discharged into the County MS4. See
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`Notice Letter, section IV.C, at 13.
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`65.
`Complaint
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`SSOs that enter the County MS4 are not storm water.
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`66.
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`The MS4, including the storm drains and accompanying pipes and channels, are designed
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`to convey any storm water or sewage effluent that enters the drains to area receiving waters.
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`67. The Alliance is informed and believes, and thereon alleges, that SSOs that reach
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`a street, curb, or gutter have entered the MS4.
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`68. The Alliance is informed and believes, and thereon alleges, that the County and SASD
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`have been underreporting and/or misreporting the number of SSOs that enter the MS4 from the
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`Collection System.
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`69.
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`The Alliance is informed and believes, and thereon alleges, that the County spills or
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`otherwise discharges raw sewage from its collection system into the MS4 in violation of the MS4
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`Permit’s requirement to effectively prohibit SSOs from reaching the MS4.
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`70.
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`The County owns, operates, and retains controls over the Collection System and the MS4,
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`and its failures to effectively reduce SSOs and exfiltration from the Collection System into the MS4 has
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`failed to effectively prohibit non-permitted discharges into the MS4, or to reduce pollutants in
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`stormwater discharges to the maximum extent practicable. See MS4 Permit at 3, and F-53, citing 40
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`CFR 122.26(d)(2)(iv)(B).
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`H. Discharges of Storm Water from the County MS4 Contaminated with Pollutants
`Associated with Sanitary Sewer Overflows
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`71. As noted above, SSOs from the Collection System have discharged to the MS4 at least
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`749 times since July 14, 2018. See Notice Letter, section IV.B, at 12. The pollutants from these SSOs
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`enter the MS4 and are either immediately discharged from the MS4 to local waterways, or are
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`discharged to local waterways during the next precipitation event that produces a discharge from the
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`MS4.
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`72. The Alliance is informed and believes, and thereon alleges, that, since July 14, 2018, on
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`Complaint
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`at least 164 occasions, SSOs from the Collection System entered the MS4 and immediately discharged
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`to waters of the United States with pollutants that had not been reduced to the maximum extent
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`practicable, in violation of the MS4 Permit, III.A. See Notice Letter, section IV.C, at 13.
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`73. The Alliance is informed and believes, and thereon alleges, that the County has not
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`developed and/or implemented sufficient operational and management practices to reduce to the
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`maximum extent practicable the presence of pollutants associated with SSOs found in its discharges of
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`storm water from the MS4.
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`I. The Waters that Receive the Illegal Discharges and the Environmental Impact of those
`Discharges
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`74. The Alliance is informed and believes, and thereon alleges, that the Receiving Waters
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`are waters of the United States and/or have a significant nexus to waters of the United States, and are
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`thus navigable waters as defined by the Clean Water Act and controlling legal authority.
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`75. The Delta is navigable.
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`76. The Sacramento River is navigable.
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`77. The American River is navigable.
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`78. The Mokelumne River is navigable and flows into the Delta.
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`79. Dry Creek is a tributary to Steelhead Creek, which then flows into the
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`Sacramento River.
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`80. Morrison Creek flows through central Sacramento County from the east to the west
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`toward the Sacramento River. Historically, Morrison Creek flowed to the Sacramento River. Currently,
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`Morrison Creek flows to Stone Lake, where it joins a network of sloughs that connect to the Sacramento
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`River and the Delta.
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`81. The American River supports over forty (40) species of fish in the Lower American River
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`watershed. The watershed is a diverse ecosystem, critical to the freshwater life cycle of the endangered
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`winter-run Chinook salmon, the threatened spring-run Chinook salmon, and the threatened Steelhead
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`Complaint
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`trout. Designated a “Recreational River" under the California Wild and Scenic Rivers Act and the
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`National Wild and Scenic Rivers Act, the lower American River is widely appreciated for a variety of
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`water contact recreational uses including swimming. The Lower American River meanders westerly
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`from Folsom Lake, joining the Sacramento River’s journey south to the Sacramento-San Joaquin Delta
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`about a mile north of Sacramento.
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`82. The Sacramento River is California’s largest river and the largest contributor of fresh
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`water to the Sacramento-San Joaquin Delta. Beneficial uses of the Sacramento River include municipal
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`and domestic water supply, agricultural water supply, water contact and non-contact recreation,
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`industrial process and industrial service supply, warm and cold freshwater habitat, cold and warm
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`migration of aquatic organisms, warm spawning, reproduction and/or early development, wildlife
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`habitat, and navigation. The Sacramento River is designated critical habitat for the endangered winter-
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`run Chinook salmon as well as the spring-run Chinook salmon, Steelhead trout, Delta smelt, and green
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`sturgeon, all of which are federally-listed threatened species. Many of the Defendant’s SSOs which do
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`not directly spill into the Sacramento River still reach the River via its tributaries. While some areas
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`where spills have occurred were dry at the time of spill, the discharged pollutants remain on the surface
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`of the land and enter receiving waters following rainfall or flooding.
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`83. The Delta is the largest Pacific Coast estuary in both North and South America. The
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`Delta is the confluence of five major rivers and numerous creeks and sloughs. This maze of finger-like
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`waterways ebbs and flows through prime California natural habitat and farmland. The Delta is also the
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`primary source of fresh water supply for two-thirds of California’s residents. The preservation of this
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`natural resource is essential. The Delta and its tributaries also provide special aesthetic and recreational
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`significance for people living in the surrounding communities. With 700 miles of channels, nearly all
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`navigable, recreation in the Delta is mainly water-oriented. Major recreational activities supported by
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`the Delta include as fishing, water-skiing, sailing, cruising, personal watercraft, canoeing, kayaking,
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`swimming, and windsurfing. These activities depend upon water quality and habitat preservation in the
`Complaint
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`Delta. The growing urbanization of the Delta area makes these recreational and aesthetic uses even more
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`important to the quality of life of Delta residents. Furthermore, the Delta fosters the commercial fishing
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`industry in California and beyond. Commercial fishers and sport fishers alike continue to suffer from the
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`constant degradation of the Delta through illegal discharges, including SSOs. The Delta’s once-abundant
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`and varied fisheries and species habitat have been drastically diminished by pollution.
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`84. Spills of raw sewage and discharges of sewage-contaminated storm water harm the
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`Receiving Waters, and pose a serious risk to fisheries, wildlife habitat, and human health, including the
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`health of the Alliance’s members.
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`85.
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`In addition to human waste and bacteria, sewage contains heavy metals, as well as
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`chemicals that cause cancer or reproductive toxicity. These metals and chemicals come from solvents,
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`detergents, cleansers, inks, pesticides, paints, pharmaceuticals, and other materials used by households
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`and businesses, and then discarded to sewage collection systems. High concentrations of these pollutants
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`are typically found in discharges of raw sewage. The intensive use of the American River, Sacramento
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`River, and the numerous tributaries to these rivers for sport fishing and water-contact recreation
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`increases the likelihood of direct human contact with spilled sewage and the pollutants it contains.
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`86. Sewage pollution also affects people who eat fish caught in the Delta and its tributaries.
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`Toxic chemicals are concentrated in the Delta’s food web, which means that contaminants absorbed by
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`plankton are magnified in fish and birds farther up the food chain and ultimately ingested by human
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`consumers. Contamination of fish is particularly harmful to ethnic and economic minorities, who
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`typically eat an above-average amount of local fish.
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`87. The intensive use of the Delta, the Sacramento River, and the American River for
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`commercial, sport fishing, and water-contact recreation increases the likelihood that people, including
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`members of the Alliance, will come into direct contact with spilled sewage and the pollutants it contains.
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`88. Many of the water bodies to which the Defendant’s discharge sewage and associated
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`Complaint
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`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 15 of 24
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`pollutants are listed on the State of California’s 2018 Clean Water Act Section 303(d) list of impaired
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`water bodies. (“303(d) List”). An impaired water body cannot support the designated beneficial uses for
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`that water body. The designated uses of the water bodies receiving the County’s and SASD’s discharges
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`include, but are not limited to, municipal and domestic use, warm and cold freshwater habitat, and warm
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`and cold fish migration. See Water Quality Control Plan (“Basin Plan”) for the California Regional
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`Water Quality Control Board Central Valley Region, Fifth Edition, The Sacramento River Basin and
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`San Joaquin River Basin, (May 2018), Table 2-1.
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`89. The Sacramento River (Knights Landing to Delta) is listed on the 303(d) List as impaired
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`for Mercury, DDT (Dichlorodiphenyltrichloroethane), Chlordane, Dieldrin, PCBs (Polychlorinated
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`biphenyls), and Toxicity.
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`90. The American River (Nimbus Dam to confluence with Sacramento River) is listed on the
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`303(d) List as impaired for Mercury, Toxicity, PCBs, Bifenthrin, and Indicator Bacteria.
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`91. The Delta Waterways (northern portion) is listed on the 303(d) List as impaired for
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`PCBs, DDT, Chlorpyrifos, Diazinon, Mercury, Toxicity, Group A pesticides, Dieldrin, Chlordane, and
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`Electrical Conductivity.
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`92. Delta Waterways (eastern portion) is listed on the 303(d) List as impaired for DDT,
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`Toxicity, Diazinon, Mercury, Chlorpyrifos, Group A Pesticides.
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`93. The Alliance is informed and believes, and thereon alleges, many of the pollutants
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`impairing the waters that receive discharges from SASD and the County are found in SASD’s and the
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`County’s discharges of raw sewage from the Collection System, as well as in the County’s storm water
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`discharges from the MS4, directly harming the Alliance’s members’ use and enjoyment of these waters.
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