Volatile Compounds to Surface Waters
River Watch vs. MGM Brakes
Location: Cloverdale, CA
Case Number: C-001985 WHA (JCS)
Date filed: August 6, 1999
Background: This facility had a long history of avoiding cleanup and remediation and only taking action when sued. They were never made to pay any penalties or donations to remediation funds for all of their pollution. To the north of the facility is scattered residential development. Due to the activities of this facility, volatile organic compounds entered and contaminated ground and surface waters in and around the Cloverdale facility. Volatile organic compounds including benzene, ethyl benzene, xylene, petroleum hydrocarbons, toluene, vinyl chloride, di and tri-chloroethane entered an unnamed tributary to the Russian River and threatened to enter an unnamed tributary to the Russian River from the west-side of the river. Groundwater and surface water have shown evidence of benzene, ethyl benzene, xylene, petroleum hydrocarbons, toluene, vinyl chloride, di and tri-chloroethane in significant amounts. These waters are a known source of drinking water. Benzene, ethyl benzene, xylene, petroleum hydrocarbons, toluene, vinyl chloride, di and tri-chloroethane are known carcinogens and are known to cause birth defects.
RW Action and Results: River Watch sent Prop 56, RCRA, and Clean Water Act Notice Letters. MGM agreed to settle after a few rounds of intense litigation. In the settlement, MGM agreed to: a remedial action program (RAP) which includes the performance of remedial investigations, remedial designs, and remedial actions designed to eliminate, entrap, or reduce off-site migration of pollutants in groundwater at the facility and pollutants to surface water designed to meet the requirements of the RWQCB; to have final remedial actions in place within five years; at their own cost, provide copies of any and all reasonable requests for documents by River Watch relating to cleanup, groundwater pollution, stormwater pollution at the facilities, and/or associated pollution issues of the facilities which are being addressed by the RWP; provide River Watch and the RWQCB with quarterly status reports which shall include a description of reports and permit applications submitted to supervising Federal, State, or local agency or agencies. Remediation funds were redirected back to the community in the form of grants and projects to identify pollution.
Notice Letter
Complaint
Consent Decree