A San Diego-based environmental activist group, San Diego Coastkeeper, along with the Coastal Environmental Rights Foundation, has filed a lawsuit against Superior Ready Mix Concrete. The plaintiffs claim that the defendant's facility in Escondido is releasing excessive pollution into local waterways. The case was filed in the U.S. District Court for the Southern District of California.
The lawsuit alleges that Superior Ready Mix Concrete has violated both substantive and procedural requirements of the Industrial General Permit (IGP) and the Clean Water Act (CWA). According to the plaintiffs, polluted stormwater from the facility continues to be discharged into downstream waters and groundwater including Escondido Creek, the San Elijo Lagoon, and the Pacific Ocean.
The complaint also claims that with every rainfall event, hundreds of millions of gallons of polluted rainwater originating from industrial facilities like Superior Ready Mix Concrete flow into storm drain systems, local tributaries, and receiving waters. These waters reportedly include ecologically sensitive areas providing essential habitat for numerous species of fish and birds.
The plaintiffs are seeking court orders requiring the defendant to address the alleged illegal runoff, plus pay penalties of $66,712 per day under the Clean Water Act and attorney fees.
Plaintiffs are represented by attorneys Patrick McDonough, of San Diego Coastkeeper, of San Diego; and Marco A. Gonzalez and Livia Borak Beaudin, of Coast Law Group, of Encinitas.