throbber
Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 1 of 24
`
`
`
`
`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
`
`
`
`1
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 2 of 24
`
`
`
`California Coastkeeper Alliance (“Alliance” or “Plaintiff”), by and through its counsel, hereby
`
`alleges:
`
`I.
`
`INTRODUCTION
`
`1.
`
`This is a civil action brought under the citizen suit enforcement provisions of the Federal
`
`Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (“Clean Water Act” or “CWA”), to address the
`
`unlawful point source discharges by the County of Sacramento (“County”) and/or the Sacramento Area
`
`Sewer District (“SASD”) to waters of the United States without a permit. This action further addresses
`
`the County’s violations of National Pollutant Discharge Elimination System Permit and Waste
`
`Discharge Requirements MS4 Permit for Discharges from Municipal Separate Storm Sewer Systems,
`
`NPDES Permit No. CAS0085324, Order No. R5-2016-0040 (“MS4 Permit”). The Alliance seeks a
`
`declaratory judgment, injunctive relief, the imposition of civil penalties, and an award of costs, including
`
`attorney and expert witness fees, for these violations.
`
`II.
`
`JURISDICTION AND VENUE
`
`2.
`
`This Court has subject matter jurisdiction over the parties and this action pursuant to 33
`
`U.S.C. § 1365(a)(1) (the Clean Water Act citizen suit provision), 28 U.S.C. § 1331 (an action arising
`
`under the laws of the United States), and 28 U.S.C. § 2201 (declaratory relief).
`
`3.
`
`On August 13, 2021, the Alliance provided notice of intent to file suit against the County
`
`and SASD for their violations of the Clean Water Act (“Notice Letter”) pursuant to 33 U.S.C. § 1365(b).
`
`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
`
`of Sacramento as owner/operator of the County’s municipal separate storm sewer system MS4 (“MS4”),
`
`and to the County and the SASD as the owners and/or operators of the SASD sewage collection system
`
`(“Collection System”); specifically, the County Executive, the District Engineer, the Board of Directors
`
`of the SASD, the Director of Sacramento County Department of Water Resources, and the
`
`Administrator of the Sacramento County Sanitation Districts Agency. The Alliance also sent the Notice
`Complaint
`
`2
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 3 of 24
`
`
`
`Letter to the Administrator of the United States Environmental Protection Agency (“EPA”), the
`
`Administrator of EPA Region IX, the Executive Director of the State Water Resources Control Board
`
`(“State Board”), and the Executive Officer of the Regional Water Quality Control Board, Region 5,
`
`Central Valley (“Regional Board”) (collectively, “State and Federal agencies”), as required by section
`
`505(b) of the CWA, 33 U.S.C. § 1365(b)(1)(A). The Notice Letter is attached as Attachment 1 and is
`
`incorporated herein by reference.
`
`5.
`
`More than sixty (60) days have passed since the Notice Letter was mailed to the County,
`
`SASD, and the State and Federal agencies.
`
`6.
`
`The Alliance is informed and believes, and thereon alleges, that neither EPA nor the State
`
`of California has commenced or is diligently prosecuting an action to redress the violations alleged in
`
`the Notice Letter and in this Complaint. See 33 U.S.C. § 1365(b)(1)(B). This action is not barred by any
`
`prior administrative penalty under section 309(g) of the CWA, 33 U.S.C. § 1319(g).
`
`7.
`
`Venue is proper in the Eastern District of California pursuant to section 505(c)(1) of the
`
`CWA, 33 U.S.C. § 1365(c)(1), because the source of the violations is located within this judicial district.
`
`III.
`
`INTRADISTRICT ASSIGNMENT
`
`8.
`
`Pursuant to L.R. 120(d) intradistrict assignment of this matter to the Sacramento Division
`
`of the Court is appropriate because the events or omissions which give rise to Plaintiff’s claims occurred
`
`in Sacramento County. In addition, the Alliance maintains its principal place of business in the County
`
`of Sacramento. No event or omission giving rise to the Alliance’s claims occurred within the jurisdiction
`
`of any other Division of this Court.
`
`IV.
`
`PARTIES AND FACTUAL BACKGROUND
`
`A.
`
`9.
`
`The Alliance
`
`Plaintiff the Alliance is an environmental group, organized as a non-profit corporation in
`
`accordance with the laws of the State of California, with its main office in Sacramento.
`
`10.
`Complaint
`
` The mission of the Alliance is to advance statewide policies and programs for healthy
`
`
`3
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 4 of 24
`
`
`
`and clean waters. To this end, the Alliance works with local Waterkeepers to develop, implement, and
`
`defend policies that meet the needs of California’s distinct communities and ecosystems. The Alliance
`
`also seeks federal and state agency implementation of the CWA and, where necessary, initiates
`
`enforcement actions on behalf of itself and its members.
`
`11.
`
`12.
`
`The Alliance’s office is located at 1100 11th Street, 3rd Floor, Sacramento, CA 95814.
`
`The Alliance’s members use and enjoy the waters receiving the illegal discharges
`
`identified herein, including but not limited to the Mokelumne River, Dry Creek, Morrison Creek, the
`
`American River, the Sacramento River, and the named and unnamed tributaries thereto (“Receiving
`
`Waters”).
`
`13.
`
`The Alliance is informed and believes, and thereon alleges, that the County and SASD
`
`discharge raw sewage and associated pollutants to the Receiving Waters. These discharges of raw
`
`sewage and associated pollutants degrades water quality and harms aquatic life in these waters.
`
`14.
`
`The Alliance is informed and believes, and thereon alleges, that SASD and the County
`
`discharge to area businesses, residents’ yards and basements, and municipal sidewalks, streets, gutters,
`
`and other paved and unpaved areas, which exposes members of the Alliance and the public to substantial
`
`health risks.
`
`15.
`
`The Alliance has members who use and enjoy the Receiving Waters for various
`
`recreational, educational, scientific, conservation, aesthetic, spiritual and other purposes.
`
`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
`
`MS4 Permit.
`
`17.
`
`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
`
`recreational, aesthetic, or other environmental injuries due to Defendants’ pollution. The Alliance’s
`
`members use and enjoyment of the Receiving Waters have been reduced and/or changed based on the
`Complaint
`
`4
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 5 of 24
`
`
`
`discharges of raw sewage, and would cease should the water quality become too degraded.
`
`18.
`
`The County’s and SASD’s discharges of raw sewage and associated pollutants are
`
`ongoing and continuous.
`
`19.
`
`The Alliance’s injuries-in-fact are fairly traceable to the County’s and/or SASD’s
`
`conduct.
`
`20.
`
`21.
`
`The Alliance’s injuries-in-fact would be redressed by the requested relief.
`
`Continuing commission of the acts and omissions alleged herein will irreparably harm the
`
`Alliance’s members, for which harm they have no plain, speedy, or adequate remedy at law.
`
`22. Neither the claims brought by the Alliance nor the relief the Alliance requests requires
`
`the participation of individual members.
`
`B.
`
`The Collection System
`
`23. The Collection System consists of approximately 4,682 miles of pipeline, including
`
`3,074 miles of gravity sewer, 1,527 miles of lateral sewer, and 81 miles of force mains. The system has
`
`approximately 299,000 service connections,
`
`24. The Alliance is informed and believes, and thereon alleges, that the Collection System
`
`collects and conveys sewage from residential, commercial, industrial, and agricultural sources. Sewage
`
`from these sources includes without limitation human and animal waste, household chemicals, wastes
`
`from restaurants, wastes from hospitals, and wastes from industrial manufacturing and processing.
`
`25. The Collection System serves a population of approximately 1.2 million people in the
`
`Sacramento region.
`
`26. The Collection System consists of pipes and other manmade conveyances that are point
`
`sources under the Clean Water Act. See 33 U.S.C. § 1362(14).
`
`27. The Collection System conveys sewage from within Sacramento County and the cities of
`
`Complaint
`
`
`
`5
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 6 of 24
`
`
`
`Elk Grove, Rancho Cordova, and Citrus Heights, and portions of the cities of Sacramento and Folsom,
`
`to the sewage collection system owned and operated by the Sacramento Regional County Sanitation
`
`District, where it is subsequently delivered to the Sacramento Regional Wastewater Treatment Plant.
`
`28. The Collection System runs through a number of river watersheds that make up the
`
`Receiving Waters.
`
`C.
`
`The Owners and Operators of the Collection System
`
`i. The County of Sacramento
`
`29.
`
`The Alliance is informed and believes, and thereon alleges, that the County of
`
`Sacramento is an owner and/or operator of the Collection System.
`
`30.
`
`The County of Sacramento is a political subdivision of the State of California.
`
`31. Under the Sacramento County Code, section 2.09.710, “there is established within
`
`County government a Sanitation Districts Agency.”
`
`32.
`
`The SASD and Sacramento Regional County Sanitation District (“SRCSD”) select, the
`
`County Executive Officer appoints, and the County Board of Supervisors confirms, a District Engineer.
`
`The District Engineer serves as the County Sanitation Districts Agency’s “Agency Administrator.”
`
`Sacramento County Code § 2.09.710.
`
`33.
`
`The Agency Administrator is subject to removal by the County Executive. Sacramento
`
`County Code § 2.09.710. The Agency Administrator manages and controls many aspects of the SASD
`
`operations. The Agency Administrator is responsible for, among other things, (1) performing duties
`
`authorized and directed by the SRCSD and SASD Boards of Directors, (2) overseeing the department
`
`with County staff assigned to SRCSD and SASD and acting as liaison to those districts’ governing
`
`bodies, (3) making recommendations to the SRCSD and SASD Boards of Directors and the County
`
`Executive respecting sanitary sewer services and infrastructure. See Sacramento County Code §
`
`2.09.710. Staff for the operations of SASD is provided by the County. Sacramento County Code §
`
`2.09.700.
`Complaint
`
`
`
`6
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 7 of 24
`
`
`
`34.
`
`There are four departments within the County Sanitation Districts Agency. One of these
`
`departments is the SASD Operations department. See Sacramento County Code § 2.09.710.
`
`The SASD Operations department is responsible for, among other things, (1) performing duties
`
`authorized and directed by the SASD Board of Directors, (2) processing all technical matters related to
`
`SASD, (3) making recommendations regarding the awarding of contracts for the construction, repair,
`
`and maintenance of all facilities under the department supervision, (4) representing the County and
`
`SASD in dealing with other agencies, organizations, groups, and individuals, and (5) advising and
`
`assisting other county departments and agencies with respect to the sewer district. See Sacramento
`
`County Code § 2.09.730.
`
`ii. Sacramento Area Sewer District
`
`35. The Alliance is informed and believes, and thereon alleges, that SASD is an owner and/or
`
`operator of the Collection System.
`
`36. The SASD is a county sanitation district organized under the California Health and
`
`Safety Code that serves the cities of Elk Grove, Rancho Cordova, and Citrus Heights, and portions of the
`
`cities of Sacramento and Folsom.
`
`37. The SASD owns thousands of miles of lower laterals and sewer mainline pipes that make
`
`up the Collection System. SASD is responsible for the operation and maintenance of the Collection
`
`System. These responsibilities include responding to citizen complaints of Sanitary Sewer Overflows
`
`(“SSOs”), conducting routine maintenance, cleaning, and inspection of the Collection System, and
`
`repairing and replacing the Collection System.
`
`38. The SASD is overseen by a Board of Directors composed of the five Sacramento County
`
`Supervisors and the mayors (or their designees) of the cities of Citrus Heights, Elk Grove, Folsom,
`
`Rancho Cordova, and Sacramento.
`
`D. Sanitary Sewer Overflows from the Collection System
`
`39. Since July 14, 2018, the County and SASD have had at least 2,629 SSOs from the
`Complaint
`
`
`7
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 8 of 24
`
`
`
`Collection System, which is equivalent to an average of 14.61 SSOs per 100 miles of sewer pipes per
`
`year for 2019 and 2020. See Notice Letter, section IV.A, at 9. These SSOs are documented in
`
`information reported to the California Integrated Water Quality Systems (“CIWQS”).
`
`40. The Alliance is informed and believes, and thereon alleges, that these reported SSOs have
`
`spilled directly to area surface waters, to the streets, curbs, gutters and other paved surfaces that
`
`comprise the MS4, to unpaved areas, and into homes and businesses served by the Collection System.
`
`41. The MS4 is a conveyance or system of conveyances designed or used for collecting and
`
`conveying storm water. It and its components are point sources under the Clean Water Act.
`
`42. The Alliance is informed and believes, and thereon alleges, that once raw sewage and its
`
`associated pollutants are discharged to the MS4, they will be subsequently discharged to waters of the
`
`United States.
`
`43. The Alliance is informed and believes, and thereon alleges, that of the 2,629 SSOs,
`
`at least 759 discharged to waters of the United States.
`
`44. The Alliance is informed and believes, and thereon alleges, that SASD and/or the County
`
`has failed to adequately operate, maintain, repair, rehabilitate, and/or replace the Collection System, thus
`
`resulting in SSOs.
`
`45. The Alliance is informed and believes, and thereon alleges, that the County and/or
`
`SASD’s SSO reports lack the details that would identify the causes and the potential repairs ensuring
`
`these violations would not recur.
`
`46. The Alliance is informed and believes, and thereon alleges, that some of the SSOs
`
`reported by the County and/or SASD as partially reaching a surface water did so in greater volume than
`
`stated.
`
`47. The Alliance is informed and believes, and thereon alleges, that the County and/or SASD
`
`lack an adequate monitoring program to detect, report, and address SSOs and their impacts.
`
`48. The Alliance is informed and believes, and thereon alleges, that the County and/or
`Complaint
`
`
`8
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 9 of 24
`
`
`
`SASD has failed to post health warning signs for discharges reaching a surface water for at least 164
`
`spills. See Notice Letter, section IV.A, at 11.
`
`49. The Alliance is informed and believes, and thereon alleges, that the County and SASD
`
`fails to adequately mitigate the impacts of SSOs, including, but not limited to, analyzing the impact of
`
`its SSOs or measures needed to restore water bodies from the impacts of SSOs.
`
`50. The Alliance is informed and believes, and thereon alleges, the County and/or SASD are
`
`not reported SSOs, and that since July 14, 2018, data on CIWQS indicates that of the 759 SSOs reported
`
`by the County and/or SASD as having reached a surface water, only 16 were sampled. See Notice Letter,
`
`section IV.A, at 12.
`
`51. The Alliance is informed and believes, and thereon alleges, that many of the SSOs from
`
`the Collection System are caused by defects in the sewer lines, displaced joints, eroded segments, root
`
`intrusion, and blockages due to grease and rags.
`
`52. The Alliance is informed and believes, and thereon alleges, that many of the SSOs from
`
`the Collection System are capacity-related spills caused by the Collection System’s inadequate capacity
`
`to handle peak wet-weather flows. Flows through the Collection System increase considerably during
`
`wet weather due to the infiltration and inflow of rainwater into sewer pipes, which overwhelms the
`
`capacity of the Collection System and causes SSOs.
`
`53.
`
`The Alliance is informed and believes, and thereon alleges, that sewage wastewater seeps
`
`into groundwater hydrologically connected to surface waters including the Receiving Waters.
`
`54. The Alliance is informed and believes, and thereon alleges, that at no point has SASD or
`
`the County obtained a CWA permit that authorizes the discharge of pollutants from the Collection
`
`System to waters of the United States.
`
`E. The County MS4
`
`55. An MS4 is a system of conveyances that includes but is not limited to streets, curbs,
`
`gutters, other paved surfaces, catch basins, ditches, man-made channels, catch basins and/or storm drains
`Complaint
`
`9
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 10 of 24
`
`
`
`owned or operated by a State, city, or town that is designed or used for collecting or conveying storm
`
`water and that discharges to waters of the United States. See 40 C.F.R. 122.26(b)(8)(i)-(ii); see also 40
`
`C.F.R. § 122.26(b)(18).
`
`56. The MS4 covers areas also served by the Collection System.
`
`57. The County MS4 contains numerous streets, curbs, gutters, sidewalks, other paved
`
`surfaces, and/or storm drain inlets that lead to storm drain pipes and other conveyances, which discharge
`
`to the Sacramento River, the American River, and/or their local tributaries.
`
`58. The Alliance is informed and believes, and thereon alleges, that pollutants in SSOs and
`
`other materials that reach the County MS4 discharge to local waterways.
`
`F. The Owner and Operator of the MS4
`
`59. The County owns and/or operates the MS4 in the unincorporated areas of Sacramento
`
`County.
`
`60. The County is a permittee on the MS4 Permit.
`
`61. The County is required to comply with all provisions of the MS4 Permit. General
`
`Permit, Provisions, D.1.A.
`
`62. The Alliance is informed and believes, and thereon alleges, that pursuant to the General
`
`Permit, the County has had and continues to have jurisdiction over and/or operation and maintenance
`
`responsibilities for the MS4.
`
`63. The County’s Department of Water Resources is charged with the operation and
`
`maintenance of the MS4.
`
`G. Discharges of Sewage and Associated Pollutants into the County MS4
`
`64. The Alliance is informed and believes, and thereon alleges, that on at least 749
`
`occasions since July 14, 2018, sewage from the Collection System discharged into the County MS4. See
`
`Notice Letter, section IV.C, at 13.
`
`65.
`Complaint
`
`SSOs that enter the County MS4 are not storm water.
`
`
`10
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 11 of 24
`
`
`
`66.
`
`The MS4, including the storm drains and accompanying pipes and channels, are designed
`
`to convey any storm water or sewage effluent that enters the drains to area receiving waters.
`
`67. The Alliance is informed and believes, and thereon alleges, that SSOs that reach
`
`a street, curb, or gutter have entered the MS4.
`
`68. The Alliance is informed and believes, and thereon alleges, that the County and SASD
`
`have been underreporting and/or misreporting the number of SSOs that enter the MS4 from the
`
`Collection System.
`
`69.
`
`The Alliance is informed and believes, and thereon alleges, that the County spills or
`
`otherwise discharges raw sewage from its collection system into the MS4 in violation of the MS4
`
`Permit’s requirement to effectively prohibit SSOs from reaching the MS4.
`
`70.
`
`The County owns, operates, and retains controls over the Collection System and the MS4,
`
`and its failures to effectively reduce SSOs and exfiltration from the Collection System into the MS4 has
`
`failed to effectively prohibit non-permitted discharges into the MS4, or to reduce pollutants in
`
`stormwater discharges to the maximum extent practicable. See MS4 Permit at 3, and F-53, citing 40
`
`CFR 122.26(d)(2)(iv)(B).
`
`H. Discharges of Storm Water from the County MS4 Contaminated with Pollutants
`Associated with Sanitary Sewer Overflows
`
`
`71. As noted above, SSOs from the Collection System have discharged to the MS4 at least
`
`749 times since July 14, 2018. See Notice Letter, section IV.B, at 12. The pollutants from these SSOs
`
`enter the MS4 and are either immediately discharged from the MS4 to local waterways, or are
`
`discharged to local waterways during the next precipitation event that produces a discharge from the
`
`MS4.
`
`72. The Alliance is informed and believes, and thereon alleges, that, since July 14, 2018, on
`
`Complaint
`
`
`
`11
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 12 of 24
`
`
`
`at least 164 occasions, SSOs from the Collection System entered the MS4 and immediately discharged
`
`to waters of the United States with pollutants that had not been reduced to the maximum extent
`
`practicable, in violation of the MS4 Permit, III.A. See Notice Letter, section IV.C, at 13.
`
`73. The Alliance is informed and believes, and thereon alleges, that the County has not
`
`developed and/or implemented sufficient operational and management practices to reduce to the
`
`maximum extent practicable the presence of pollutants associated with SSOs found in its discharges of
`
`storm water from the MS4.
`
`I. The Waters that Receive the Illegal Discharges and the Environmental Impact of those
`Discharges
`
`
`74. The Alliance is informed and believes, and thereon alleges, that the Receiving Waters
`
`are waters of the United States and/or have a significant nexus to waters of the United States, and are
`
`thus navigable waters as defined by the Clean Water Act and controlling legal authority.
`
`75. The Delta is navigable.
`
`76. The Sacramento River is navigable.
`
`77. The American River is navigable.
`
`78. The Mokelumne River is navigable and flows into the Delta.
`
`79. Dry Creek is a tributary to Steelhead Creek, which then flows into the
`
`Sacramento River.
`
`80. Morrison Creek flows through central Sacramento County from the east to the west
`
`toward the Sacramento River. Historically, Morrison Creek flowed to the Sacramento River. Currently,
`
`Morrison Creek flows to Stone Lake, where it joins a network of sloughs that connect to the Sacramento
`
`River and the Delta.
`
`81. The American River supports over forty (40) species of fish in the Lower American River
`
`watershed. The watershed is a diverse ecosystem, critical to the freshwater life cycle of the endangered
`
`winter-run Chinook salmon, the threatened spring-run Chinook salmon, and the threatened Steelhead
`
`Complaint
`
`
`
`12
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 13 of 24
`
`
`
`trout. Designated a “Recreational River" under the California Wild and Scenic Rivers Act and the
`
`National Wild and Scenic Rivers Act, the lower American River is widely appreciated for a variety of
`
`water contact recreational uses including swimming. The Lower American River meanders westerly
`
`from Folsom Lake, joining the Sacramento River’s journey south to the Sacramento-San Joaquin Delta
`
`about a mile north of Sacramento.
`
`82. The Sacramento River is California’s largest river and the largest contributor of fresh
`
`water to the Sacramento-San Joaquin Delta. Beneficial uses of the Sacramento River include municipal
`
`and domestic water supply, agricultural water supply, water contact and non-contact recreation,
`
`industrial process and industrial service supply, warm and cold freshwater habitat, cold and warm
`
`migration of aquatic organisms, warm spawning, reproduction and/or early development, wildlife
`
`habitat, and navigation. The Sacramento River is designated critical habitat for the endangered winter-
`
`run Chinook salmon as well as the spring-run Chinook salmon, Steelhead trout, Delta smelt, and green
`
`sturgeon, all of which are federally-listed threatened species. Many of the Defendant’s SSOs which do
`
`not directly spill into the Sacramento River still reach the River via its tributaries. While some areas
`
`where spills have occurred were dry at the time of spill, the discharged pollutants remain on the surface
`
`of the land and enter receiving waters following rainfall or flooding.
`
`83. The Delta is the largest Pacific Coast estuary in both North and South America. The
`
`Delta is the confluence of five major rivers and numerous creeks and sloughs. This maze of finger-like
`
`waterways ebbs and flows through prime California natural habitat and farmland. The Delta is also the
`
`primary source of fresh water supply for two-thirds of California’s residents. The preservation of this
`
`natural resource is essential. The Delta and its tributaries also provide special aesthetic and recreational
`
`significance for people living in the surrounding communities. With 700 miles of channels, nearly all
`
`navigable, recreation in the Delta is mainly water-oriented. Major recreational activities supported by
`
`the Delta include as fishing, water-skiing, sailing, cruising, personal watercraft, canoeing, kayaking,
`
`swimming, and windsurfing. These activities depend upon water quality and habitat preservation in the
`Complaint
`
`13
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 14 of 24
`
`
`
`Delta. The growing urbanization of the Delta area makes these recreational and aesthetic uses even more
`
`important to the quality of life of Delta residents. Furthermore, the Delta fosters the commercial fishing
`
`industry in California and beyond. Commercial fishers and sport fishers alike continue to suffer from the
`
`constant degradation of the Delta through illegal discharges, including SSOs. The Delta’s once-abundant
`
`and varied fisheries and species habitat have been drastically diminished by pollution.
`
`84. Spills of raw sewage and discharges of sewage-contaminated storm water harm the
`
`Receiving Waters, and pose a serious risk to fisheries, wildlife habitat, and human health, including the
`
`health of the Alliance’s members.
`
`85.
`
`In addition to human waste and bacteria, sewage contains heavy metals, as well as
`
`chemicals that cause cancer or reproductive toxicity. These metals and chemicals come from solvents,
`
`detergents, cleansers, inks, pesticides, paints, pharmaceuticals, and other materials used by households
`
`and businesses, and then discarded to sewage collection systems. High concentrations of these pollutants
`
`are typically found in discharges of raw sewage. The intensive use of the American River, Sacramento
`
`River, and the numerous tributaries to these rivers for sport fishing and water-contact recreation
`
`increases the likelihood of direct human contact with spilled sewage and the pollutants it contains.
`
`86. Sewage pollution also affects people who eat fish caught in the Delta and its tributaries.
`
`Toxic chemicals are concentrated in the Delta’s food web, which means that contaminants absorbed by
`
`plankton are magnified in fish and birds farther up the food chain and ultimately ingested by human
`
`consumers. Contamination of fish is particularly harmful to ethnic and economic minorities, who
`
`typically eat an above-average amount of local fish.
`
`87. The intensive use of the Delta, the Sacramento River, and the American River for
`
`commercial, sport fishing, and water-contact recreation increases the likelihood that people, including
`
`members of the Alliance, will come into direct contact with spilled sewage and the pollutants it contains.
`
`88. Many of the water bodies to which the Defendant’s discharge sewage and associated
`
`Complaint
`
`
`
`14
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 2:21-cv-01916-WBS-KJN Document 1 Filed 10/14/21 Page 15 of 24
`
`
`
`pollutants are listed on the State of California’s 2018 Clean Water Act Section 303(d) list of impaired
`
`water bodies. (“303(d) List”). An impaired water body cannot support the designated beneficial uses for
`
`that water body. The designated uses of the water bodies receiving the County’s and SASD’s discharges
`
`include, but are not limited to, municipal and domestic use, warm and cold freshwater habitat, and warm
`
`and cold fish migration. See Water Quality Control Plan (“Basin Plan”) for the California Regional
`
`Water Quality Control Board Central Valley Region, Fifth Edition, The Sacramento River Basin and
`
`San Joaquin River Basin, (May 2018), Table 2-1.
`
`89. The Sacramento River (Knights Landing to Delta) is listed on the 303(d) List as impaired
`
`for Mercury, DDT (Dichlorodiphenyltrichloroethane), Chlordane, Dieldrin, PCBs (Polychlorinated
`
`biphenyls), and Toxicity.
`
`90. The American River (Nimbus Dam to confluence with Sacramento River) is listed on the
`
`303(d) List as impaired for Mercury, Toxicity, PCBs, Bifenthrin, and Indicator Bacteria.
`
`91. The Delta Waterways (northern portion) is listed on the 303(d) List as impaired for
`
`PCBs, DDT, Chlorpyrifos, Diazinon, Mercury, Toxicity, Group A pesticides, Dieldrin, Chlordane, and
`
`Electrical Conductivity.
`
`92. Delta Waterways (eastern portion) is listed on the 303(d) List as impaired for DDT,
`
`Toxicity, Diazinon, Mercury, Chlorpyrifos, Group A Pesticides.
`
`93. The Alliance is informed and believes, and thereon alleges, many of the pollutants
`
`impairing the waters that receive discharges from SASD and the County are found in SASD’s and the
`
`County’s discharges of raw sewage from the Collection System, as well as in the County’s storm water
`
`discharges from the MS4, directly harming the Alliance’s members’ use and enjoyment of these waters.
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket