Source: http://theworldlink.com, June 11, 2013
By: Thomas Moriarty
Two environmental groups are suing a South Coast contractor under the federal Clean Water Act.
The groups allege the contractor negligently let 1,500 cubic yards of construction debris slide into Coalbank Slough, violating the Clean Water Act.
Oregon Shores Conservation Coalition and Coos Waterkeeper filed the suit Thursday against Johnson Rock Products, GMAC Mortgage and landowners Mikael and Malati Lindh in U.S. District Court in Eugene. The act allows individual citizens and groups to bring civil suits in addition to federal and state enforcement actions.
The suit alleges that on April 3, 2012, excavated soil and debris that Johnson Rock had stored on the Lindh property slid into the slough, altering the flow of tidal waters.
The lawsuit comes a year after the Oregon Department of Environmental Quality found Johnson Rock in violation of Oregon environmental laws regarding discharge of waste in state waters.
“We have been very supportive of DEQ’s enforcement efforts, but too much time has passed and nothing has been done to clean up the debris or rehabilitate the slough,” said David Petrie of Coos Waterkeeper. “It’s time to hold those responsible for this pollution accountable for their actions.”
Bridgette Whinery of Johnson Rock said the company is still working with DEQ and the Lindh family to resolve the state violation case. She said the company plans to review the new complaint and file a response if necessary.
The groups are being represented by the Portland-based Crag Law Center.