On Monday, the Ecological Rights Foundation (Eco Rights) filed a complaint in the Central District of California against Diversified Panels Systems Inc. (DPS) for violations of the Clean Water Act (CWA). The citizen suit accuses the cold storage buildings and refrigeration systems manufacturer of discharging stormwater and other pollutants into the watershed in Oxnard, California, contaminating wetlands, beaches, and the Pacific Ocean.
The plaintiff, a non-profit California corporation explained that it is “dedicated to promoting rights to a clean, healthy, and diverse environment.” DPS reportedly owns and operates a facility in Oxnard, California, where it manufactures cold storage panels from expanded polystyrene (EPS) cores.
The complaint, filed in Los Angeles, California, alleges that DPS cuts, splits and breaks the EPS cores into smaller sizes in the course of constructing cold storage panels and doors, walk-in coolers, refrigeration systems, and grow rooms. During precipitation and wind events, Eco Rights alleges, EPS pieces “ranging from the size of softballs to individual EPS pellets” escape from the facility.
Additionally, storm water flowing over DPS’s facility allegedly collects suspended sediment, dirt, metals, EPS, and other pollutants. The complaint claims that the runoff flows into ecosystems that already suffer from high acidity levels and excess trash. According to the complaint, one of the affected sites, the Ormond Beach Wetlands, is home to eight federal and state-listed endangered and threatened species.
The complaint also emphasizes that Oxnard, a “low-income, predominantly immigrant community … has long been used as the dumping ground for the Central Coast’s most polluting industries.” In turn, Eco Rights claims that DPS’s actions “significantly and disproportionately” affect Hispanic/Latinx community members living in Oxnard.
Eco Rights alleges that the aforementioned discharges have occurred since February 2016 without a permit, and therefore, violate the CWA. The ten-count complaint seeks declaratory and injunctive relief in addition to the assessment of civil penalties for DPS’s purportedly unlawful conduct.
Ecological Rights is represented by Sycamore Law Inc.
