LOS ANGELES - AirGas USA LLC is facing civil charges filed on Feb. 17 in Los Angeles federal court by the Center for Community Action and Environmental Justice that allege the defendant violated the Federal Water Pollution Control Act.
The plaintiff, a nonprofit organization, says that the AirGas facility at 12550 Arrow Route in Rancho Cucamonga discharges polluted stormwater into downstream water sources, which can disrupt and damage the health of ecosystems and aqua life, including the Santa Ana River.
The pollutants accumulated in the water as it flows over the surface of the industrial gas facility allegedly include metals, pH-altering substances and nitrates.
The suit states that AirGas' current stormwater management system is currently inadequate in preventing pollutants from getting into US water, alleging that its Rancho Cucamonga facility lacks grading, berming, roofing, containment and drainage structures to prevent stormwater and rainwater from coming into contact with contaminant surfaces, and has not properly analyzed its stormwater for contaminants.
The Center for Community Action and Environmental Justice is charging AirGas for one count of failure to implement the best available best conventional treatment technologies in violation of permit conditions, one count of failure to certify and submit complete annual reports, one count of failure to prepare, implement, review and update an adequate storm water pollution prevention plan and one count of failure to develop and implement an adequate monitoring implementation plan.
The plaintiff is represented by Lozeau Drury LLP of Oakland, and is seeking judgmental expense and damage compensation, including civil penalties of up to $56,460 per violation and an order to the defendant to restore the quality of impaired water.