Santa Monica Baykeeper v. Kramer Metals, Inc.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Santa Monica Baykeeper (“Baykeeper”) brings this action to enforce alleged violations of the Clean Water Act. Defendant Kramer Metals (“Kramer”) has owned and operated two scrap metal recycling plants in Los Angeles. Baykeeper moves for Partial Summary Judgment, seeking a finding of liability for a total of 14,092 violations and days of violation against Kramer. After reviewing the materials submitted by the parties and hearing oral argument, the Court grants in part and denies in part the Motion for Partial Summary Judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

Kramer Metals is the current and/or former owner and operator of two scrap metal facilities located in Los Angeles that are the subject of this lawsuit. It is undisputed that storm water discharged from both facilities is regulated by California’s Industrial Storm Water Permit (“General Permit”). Pl.’s Request for Judicial Notice (“RJN”), Ex. A (General Permit No. CAS000001, “Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities,” Water Quality Order No.…