Santa Monica Baykeeper v. International Metals Ekco, Ltd.

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

[Motion filed on December 19, 2008]

Santa Monica Baykeeper (“Baykeeper”) brings this action to enforce alleged violations of the Clean Water Act. Defendant International Metals Ekco Limited (“Ekco”) owns and operates a scrap metal facility in Los Angeles. Baykeeper moves for Partial Summary Judgment, seeking a finding of liability for a total of 17,183 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

Ekco is the current and/or former owner and operator of the scrap metal recycling facility in Los Angeles that is the subject of this lawsuit (“Ekco facility”). The Ekco facility is located at Perrino Place and 2777 East Washington Boulevard. Def.’s Statement of Genuine Issues (“Def.’s SGI”) at ¶ 1. Ekco’s operations include scrap metal recycling and processing. Id. at ¶ 4. It is undisputed that Ekco is a scrap metal recycling facility classified as Standard Industrial Classification (“SIC”)…