A lawsuit has been filed against the county of Colusa, claiming that the Department of Public Works has not been maintaining a stormwater pollution prevention plan at the Stonyford Landfill. 

Eden Environmental Citizen’s Group, LLC – a Bay area environmental citizen’s group – is claiming that run-off from the Stonyford Landfill Facility is causing adverse effects to the environment and the receiving waters downstream of the facility as well as limiting the recreational use for residents in those areas, according a court petition. 

“Their use and enjoyment of these natural resources are specifically adversely impaired by defendants’ failure to comply with the procedural and substantive requirements of the California Industrial General Permit and Federal Clean Water Act,” read the petition. 

The county of Colusa, along with Michael Azevedo, Colusa County Public Works assistant director, have been named as defendants.  

According to the petition, the Stonyford Landfill Facility is a hazardous waste facility and landfill that accepts approximately 480 tons of municipal solid wastes per year along with stoves, refrigerators, dishwashers and scrap metal.

Colusa County disagrees with the allegations and does not know why the lawsuit has been filed, said Marcos Kropf, county counsel.

Kropf said the county has not received any complaints or claims concerning the landfill servicing the Stonyford area in the past – other than the mandated pre-litigation notice sent by the plaintiffs.

“It’s our position that the lawsuit is without merit and the county and its employees have acted lawfully in compliance with the Clean Water Act and any reporting requirements under the law,”  Kropf said. 

Eden Environmental Citizen’s Group, LLC was contacted for comment but did not respond by the time of publication. 

The Federal Water Pollution Control Act – commonly referred to as the Clean Water Act – was first enacted in 1948 and significantly modified and expanded in 1972. The act establishes the basic structure for regulating the discharge of pollutants into the water supplies in the United States as well as regulating standards for surface waters. 

According to the court petition, Eden Environmental Citizen’s Group, LLC, is seeking civil penalties, injunctive relief preventing further violations of the Clean Water Act, declaratory relief, reimbursement of incurred litigation cost and other such relief permitted by law. 

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