Groups Sue Alabama Companies for Illegal River Discharges
September 1st, 2007The Black Warrior Riverkeeper and the Friends of the Locust Fork River, two citizen-based non-profit organizations, filed suit against Metro Recycling in United States District Court this week. The Black Warrior Riverkeeper also filed a lawsuit against Alabama Biodiesel for the company’s unpermitted oil and grease discharges into the river in Tuscaloosa County, next to Moundville Archeological Park.
The first lawsuit alleges that Metro Recycling’s significant and ongoing pollution violations have diminished water quality, recreation and wildlife habitat in the Locust Fork River.
The pollutants Metro Recycling illegally discharged include: Benzene (a known carcinogen), Chloromethane (possible carcinogen), 1,2-Dichloroethane (probable carcinogen), Ethylbenzene, Toluene, Vinyl Chloride (known carcinogen), and Xylenes, o,m,p. Laboratory results of Black Warrior Riverkeeper’s water samples indicated that Benzene and Vinyl Chloride were also present in concentrations exceeding maximum contaminant levels for drinking water.
Metro Recycling owns and operates a used tire disposal landfill, which discharges pollutants into Whites Creek, a tributary of the Locust Fork of the Black Warrior River in Blount County. Metro Recycling is in violation of the Clean Water Act and provisions of Alabama law and has no permit to discharge into Whites Creek.
Members of Black Warrior Riverkeeper and Friends of Locust Fork River, along with the general public, now recreate less on Locust Fork of Black Warrior River because of the defendant’s illegal discharges. The violations have had a detrimental impact on those members’ interests because the violations have adversely affected and diminished aquatic life in the river and made it less suitable for fishing, boating, wading, walking, observing nature or relaxing.
The groups petitioned the court to cease the violations and any illegal conduct by Metro Recycling. The Plaintiffs further request and petition the court to assess a $32,500.00 civil penalty for each violation and each day of continuing violation for which Metro Recycling is found liable. While Riverkeeper contends that Metro Recycling has been in continuous violation of the law, it has observed discharges on April 19, April 30, and June 20, 2007.
Black Warrior Riverkeeper’s Chief Prosecuting Attorney Mark Martin gave the company more than 60 days notice of the intent to sue before filing this lawsuit.
The Riverkeeper group also filed a lawsuit in United States District Court against Alabama Biodiesel for the company’s unpermitted oil and grease discharges into the Black Warrior River in Tuscaloosa County next to Moundville Archeological Park.
Alabama Biodiesel’s discharge of pollutants without an NPDES permit is a violation of the Clean Water Act and similar provisions of Alabama law and is grounds for enforcement by civil action.
The company’s illegal discharges have had a detrimental impact on the interests of several Black Warrior Riverkeeper members because the violations have adversely affected and diminished aquatic life in the river and have made the it less suitable for fishing, boating, wading, walking, observing nature or relaxing.
The plant is located next to Moundville Archeological Park, where thousands of Alabamians, tourists and researchers visit the Black Warrior River each year.
The group petitioned the court to cease the violations by the company and any illegal conduct, and requests that the court assess a $32,500 civil penalty for each violation and each day of continuing violation for which Alabama Biodiesel is found liable.
Alabama Biodiesel has violated the Clean Water Act by discharging pollutants from a point source on or about the following occasions: June 12 to 16, 2006; July 12, 2006; August 6, 2006; September 12, 2006; September 17, 2006; September 24, 2006; September 29, 2006; October 5, 2006; October 8, 2006; October 18, 2006; March 15, 2007; March 23, 2007; May 5, 2007; May 14, 2007; May 29, 2007; and August 19, 2007.
Black Warrior Riverkeeper’s Chief Prosecuting Attorney, Mark Martin, gave Alabama Biodiesel more than 60 days notice of Riverkeeper’s intent to sue before filing the lawsuit and he said the group will not profit from any proceeds from the cases.
