Group Sues Clover Flat Landfill, Alleges Stormwater Violations

NAPA COUNTY, CA — The California Sportfishing Protection Alliance is suing the Clover Flat Landfill in Napa County over alleged violations of the federal Clean Water Act.

The suit, filed Aug. 16, alleges "repeated and ongoing violations" at the landfill, located just south of Calistoga.

The suit claims "storm water containing excessive pollutants is being discharged from the facility during rain events into channels that discharge into the unnamed creek, which discharges into the Napa River, which flows into the San Francisco Bay."

It also alleges violations of a general state stormwater permit, a State Water Resources Control Board order and a National Pollutant Discharge Elimination System permit.

The company has allegedly failed to implement the "best available and economically achievable and best conventional treatment technologies" for total suspended solids, iron, aluminum, nitrates and nitrites and "other potentially unmonitored pollutants," and since Jan. 1, 2021, Clover Flat has allegedly discharged stormwater containing inappropriately high levels of those pollutants as well as zinc, according to the suit.

The company has also allegedly failed to implement an adequate stormwater pollution prevention plan and to monitor, report and comply with "effluent limitation guidelines," the suit claims.

The plaintiffs also allege that so-called forever chemicals — "PFAS" — were found in surface water a half-mile downstream from Clover Flat and the company has failed to implement an adequate monitoring plan for those chemicals.

The company said in an emailed statement that it has been in talks "to resolve issues alleged by California Sportfishing Protection Alliance (CSPA) regarding the Industrial General Permit" since February.

"Following a site inspection, CSPA proposed a resolution of the issues, but that resolution implicated ongoing oversight by various agencies. Some of the issues require approval by the Regional Water Quality Control Board's staff," according to the company's statement.

"Because the process of monitoring and reporting water quality is an ongoing process, CSPA decided to file a lawsuit while Regional Board's staff is considering various proposals by Clover Flat to ensure even greater water quality monitoring processes and, ultimately, greater water quality for the entire watershed," the statement reads.

"It is anticipated that the CSPA lawsuit will be resolved amicably in the very near future after further guidance is provided by staff at the Regional Board," the company said.

In its suit, the CSPA is asking for the company to be ordered to correct the alleged violations and pay civil penalties of nearly $60,000 per day per violation and attorney's fees and court costs.

The suit was filed in U.S. District Court for the Northern District of California in San Francisco and an initial case management conference is scheduled for Nov. 17.

Lawyers for the CSPA didn't immediately respond to a request for comment.

By Kiley Russell, Bay City News Foundation. Copyright © 2022 Bay City News, Inc. All rights reserved. Republication, rebroadcast or redistribution without the express written consent of Bay City News, Inc. is prohibited. Bay City News is a 24/7 news service covering the greater Bay Area.