HomeMy WebLinkAbout05.a.2) Citizen Lawsuits under the Clean Water Act (Handout)5.a.2.
Citizen Lawsuits Under the
Clean Water Act for
Collection System
Sanitary Sewer Overflows (SSOs)
March 6, 2013
Citizen Lawsuits for
Sanitary Sewer Overflows (SSOs)
Presentation Overview
• Background on Citizen Lawsuits
• Recent Focus on SSOs
• Elements of Actions and Settlements
• Review San Jose and DDSD experiences
5.a. z)
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1
Background on Citizen Lawsuits
• Available when regulatory agency doesn't
take enforcement for violations
• Historically focus on significant discharges
or environmental impairments
• Trend toward looking for strict liability cases
Recent Focus on SSOs
• SSOs that reach the waters of the state can
be considered strict liability under CWA
• Interpretation is basis for citizen lawsuits
against collection system agencies for SSOs
• Well operated collection systems can be
held liable
*Northern California River Watch active
2
Actions Identified on
Northern California River Watch
Website
• Bay Area Collection System Agencies
—2008 one action
—2009 two actions
—2010 no actions
—2011 one action
—2012 nine actions
—2013 one action so far
Elements of Actions and
Settlements
• Northern California River Watch uses
standard approach for SSO related actions
—Use CIWQS reported data
—Issue NOV and Intent to Sue letter
—Settle case with corrective actions and
payment of attorney fees
3
Elements of standard corrective actions
in River Watch SSO related actions
• Reduction of I &I and SSOs
• Regular cctv monitoring of collection
system including problematic lines
• Prioritize capital projects to repair lines with
high ratings and close to waters of the state
• Mandatory private sewer lateral inspection
and repair program
Elements of standard corrective actions
in River Watch SSO related actions
(continued)
• Compliance with SSO reporting standards
• Specified water quality sampling in
response to SSOs
• Enhanced public access to SSO related
information
• Human marker sampling in creeks near
collection system pipelines to monitor for
exfiltration
M
San Jose Experience
• Standard elements of SSO related action
• Toxicity violations alleged in initial notice
and complaint
• Mediation hearing held
• Settlement being negotiated
Delta Diablo Sanitation District
Experience
• NOV and Notice of Intent to Sue dated
1/3/13
• Standard elements of SSO related action
• Pretreatment program violations alleged in
initial notice
• Negotiating settlement
5
Questions or Comments?
Prepared by:
Tim Potter
Environmental Compliance Superintendent