California River Watch takes settlement compliance seriously and diligently pursues compliance with all settlements. Please contact us for information regarding any of our settlements.
Examples of CRW Successful SEPs
Northcoast Wetlands
“River Watch Litigation Protects North Coast Wetland”
River Watch achieved substantial protection for a northcoast wetland, agreeing with Rouse Properties Inc. on a comprehensive set of steps to ensure maintenance of approximately 15 acres adjoining the Bayshore Mall in Eureka. River Watch filed litigation in 2012 alleging failure by the owners of the Mall to comply with its obligations under a California Coastal Act permit. Under a settlement agreement entered into on October 11th, River Watch and the Mall agreed the Mall will:
Work with the City of Eureka to perform joint maintenance of vegetation in so-called Restoration Areas “A” and “B,” subject to and consistent with the continuing regulation and oversight by the California Coastal Commission;
Repair all existing fences abutting portions of Restoration Areas “A” and “B” as soon as practicable upon the discovery of a breach;
Use its best efforts to perform the activities set forth in the 1989 “Guidelines for Wetland Maintenance” detailing protections Restoration Areas “A” and “B”;
Cooperate with the City of Eureka to address the unfortunate long-term misuse of Restoration Areas “A” and “B” as homeless encampments; and
Provide 10 years of funding to the local Eureka nonprofit “New Directions,” supporting its work to both implement the restoration and maintenance efforts under the 1989 “Guidelines” and to promote its efforts to address respectfully the homeless population impacting the wetlands.
River Watch counsel David Weinsoff observed that “River Watch’s citizen suit in this matter addresses the need for vigilant enforcement of the important mandate established under Proposition 20 and the California Coastal Act to preserve and protect our threatened coastal resources.”
For additional information on the River Watch settlement and the organization’s coastal protection program, contact us@ncriverwatch.org.
Summary of Settled Industrial Cases
City of Berkeley Transfer Station –
California River Watch settled with the City of Berkeley during July of 2023, for violations that were occurring at the Transfer Station, located in Berkeley, California. After River Watch’s productive conversations with the City, the City agreed to install a digital weather station that will enable them to make proper sampling decisions, sample for two additional parameters (TPHg and TPHd), upgrade the Facility in a way that should limit the amount of pollutants being generated at the Facility.
Lakeside Non-Ferrous Metals Inc
Lakeside Non-Ferrous Metals Inc was not in compliance with the Industrial General Permit. The Facility had exceedances for Copper, Lead, Zinc, Iron, Aluminum, Chemical Oxygen Demand, and Total Suspended Solids. After conducting a site visit, River Watch’s experts identified potential sources for these contaminants. Our organization was informed that the Facility plans to close the Facility for good in 2024. This is a win for the Oakland community. A settlement agreement was executed during October of 2023.
Lawrence Berkeley National Lab
Lawrence Berkeley National Lab was in violation of the Industrial General Permit because the Facility had not filed the required Reports required under the Industrial General Permit after exceeding the limits for Iron and Aluminum. The Facility was also not conducting sampling at all sampling locations, there were inconsistencies with the identification of these locations, and the Facility was exceeding the Environmental Protection Agency’s guidelines on Iron and Aluminum. A site visit was conducted and River Watch’s experts recommended additional Best Management Practices which the Facility agreed to conduct. A settlement agreement was reached in June of 2023.
Soils Plus Inc
Soils Plus Inc was exceeding the Industrial General Permit’s limits for Nitrite plus Nitrate and was impacting tributaries of San Pablo Bay. Additionally, the Facility was not sampling for parameters that were relevant to the production of soil. California River Watch’s expert identified areas where stormwater generated during a storm event overflowed into Sonoma Creek. Discussion with the Facility’s representatives and counsel were positive. California River Watch proposed changes that its expert recommended would stop the exceedances. The matter was resolved in September 2023.