The Inland Empire Waterkeeper and Orange County Coastkeeper allege that Apollo Southwest Inc., Prezero U.S. Services and Prezero U.S. Inc. have violated the Federal Water Pollution Control Act.
The complaint filed last month in federal court at the Central District of California claims that the defendants have unlawfully discharged pollutants into the Deer Creek Channel, which flows through the Chris Basin to Cucamonga Creek, which then flows into Mill Creek, discharging into Prado Wetlands, discharging into the Santa Ana River, and eventually the Pacific Ocean, according to the complaint.
The lawsuit claims that it is in violation of the substantive and procedural requirements of the Storm Water Permit and the Clean Water Act.
Orange County Coastkeeper alleges in the lawsuit that these violations have been happening since at least Jan. 28, 2016, and are ongoing and continuous, according to the lawsuit.
"The team is unavailable to comment at this time," said Hailey Bossert, a spokeswoman for Orange County Coastkeeper. "They will be happy to discuss this case after there is an agreement by both parties. Currently, they are actively working with Apollo Southwest to develop solutions that will resolve the issues. Their policy dictates they will not discuss negotiation of any active case."
The Inland Empire Waterkeeper and Orange County Coastkeeper have more than 1,300 members who live and/or work in and around the Santa Ana River watershed, according to the lawsuit.
The complaint states that the two organizations are dedicated to, "the preservation, protection and defense of the environment, wildlife and natural resources of local surface waters" and that they actively seek federal and state agency implementation of the Clean Water Act where necessary.
The complaint seeks court orders stopping them from continuing the alleged pollution and penalties of $56,460 per day per violation for all violations that occurred after Nov. 2, 2015, and were assessed on or after Dec. 23, 2020, according to the complaint.