Los Angeles Waterkeeper v. City Fibers, Inc.

Filing 30

CONSENT DECREE by Judge Andre Birotte Jr.: Upon Stipulation 29 , it is the express purpose of the Settling Parties entering into this Consent Decree to further the objectives set forth in the Clean Water Act, 33 U.S.C. Sections 1251, et seq., and to resolve those issues alleged by Plaintiff Los Angeles Waterkeeper ("Waterkeeper") in its Complaint that, among other things, City Fibers has repeatedly discharged polluted storm water. Defendant City Fibers, Inc. ("City Fibers") will pay the sum of $50,000 to the Rose Foundation for Communities and the Environment for the sole purpose of providing grants to environmentally beneficial projects in the Southern California Bight relating to water quality improvements. City Fibers shall reimburse Waterkeeper in the amount of one hundred and $135,000 to help defray Waterkeeper's reasonable investigation, expert, and attorneys' fees and costs, and all other reasonable costs incurred as a result of investiga ting the activities at the Facilities related to this Consent Decree, bringing these matters to City Fibers' attention, and negotiating a resolution of this action in the public interest. As reimbursement for Waterkeeper's future fees and c osts that will be incurred in order for Waterkeeper to monitor City Fibers' compliance with this Consent Decree and to effectively meet and confer and evaluate storm water monitoring results for the Facilities, City Fibers agrees to pay Waterkee per the amount of $20,000 for its costs to be incurred in overseeing the implementation of this Consent Decree. This Consent Decree shall terminate on 12/21/2021, or through the conclusion of any proceeding to enforce this Consent Decree initiat ed prior to 12/21/2021, or until the completion of any payment or affirmative duty required by this Consent Decree, whichever is the later occurrence. This Consent Decree constitutes a full and final settlement of this matter. See document re Commitments of City Fibers and Waterkeeper re maintenance, structural improvements, housekeeping, evaluation of infiltration, employee training, sampling, and other details. ( MD JS-6. Case Terminated ) (gk)

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LOZEAU DRURY LLP
Michael R. Lozeau (SBN 142893)
Douglas J. Chermak (SBN 233382)
E-mail: [e-mail]
410 12th Street, Suite 250
Oakland, CA 94607
Tel: [phone]
Fax: [phone]

JS-6

Attorneys for Plaintiff
LOS ANGELES WATERKEEPER

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Plaintiff’s Additional Counsel Listed On Next Page
CASTELLÓN & FUNDERBURK LLP
William W. Funderburk Jr. (SBN 176244)
Anna Le May (SBN 258312)
E-mail: [e-mail]
811 Wilshire Blvd., Suite 1025
Los Angeles, CA 90017
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
CITY FIBERS, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LOS ANGELES WATERKEEPER, a
California non-profit corporation,

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Case No. 2:17-cv-05960-AB-AGR

Plaintiff,

xxxxxxxxxxxxxxxCONSENT DECREE
[PROPOSED]

vs.

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CITY FIBERS, INC., a corporation,

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(Federal Water Pollution Control Act,
33 U.S.C. §§ 1251 et seq.)

Defendant.

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[PROPOSED] CONSENT DECREE

Case No. 2:17-cv-05960-AB-AGR

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LOS ANGELES WATERKEEPER
Arthur Pugsley (State Bar No. 252200)
E-mail: [e-mail]
120 Broadway, Suite 105
Santa Monica, CA 90401
Tel: [phone]
Fax: [phone]

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[PROPOSED] CONSENT DECREE

Case No. 2:17-cv-05960-AB-AGR

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CONSENT DECREE

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The following Consent Decree is entered into by and between Plaintiff Los

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Angeles Waterkeeper (“Plaintiff” or “Waterkeeper”) and Defendant City Fibers, Inc.

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(“Defendant” or “City Fibers”). The entities entering into this Consent Decree are

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each an individual “Settling Party” and collectively the “Settling Parties.”

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WHEREAS, Waterkeeper is a 501(c)(3) non-profit public benefit corporation
organized under the laws of the State of California, with its main office in Santa
Monica, California;
WHEREAS, Waterkeeper is dedicated to the preservation, protection, and

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defense of the inland and coastal surface and ground waters of Los Angeles County

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from all sources of pollution and degradation;

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WHEREAS, City Fibers is the owner and operator of a recycling facility,
located at 3033 East Washington Boulevard in Los Angeles, California, hereinafter
referred to by the Settling Parties as the “East Washington Plant”;
WHEREAS, City Fibers is the owner and operator of a recycling facility,
located at 2211 East Washington Boulevard in Los Angeles, California, hereinafter
referred to by the Settling Parties as the “West Washington Plant”;
WHEREAS, City Fibers is the owner and operator of a recycling facility,

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located at 2500 S. Santa Fe Avenue in Los Angeles, California, hereinafter referred to

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by the Settling Parties as the “Los Angeles Plant”;

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WHEREAS, the Los Angeles Plant consists of two separate parcels known as
“Los Angeles Plant #1” and “Los Angeles Plant #2”;

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[PROPOSED] CONSENT DECREE

Case No. 2:17-cv-05960-AB-AGR

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WHEREAS, City Fibers is the owner and operator of a recycling facility,
located at 16714 Schoenborn Street in North Hills, California, hereinafter referred to
by the Settling Parties as the “West Valley Plant” (the East Washington Plant, West

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Washington Plant, Los Angeles Plant, and West Valley Plant are referred to

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collectively as the “Facilities”);

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WHEREAS, Waterkeeper has approximately 3,000 members who live and/or
recreate in and around the Los Angeles area waterbodies receiving discharges from
the Facilities, including the Los Angeles River, Bull Creek, and the Pacific Ocean;
WHEREAS, storm water discharges associated with industrial activity at the

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Facilities are regulated pursuant to the National Pollutant Discharge Elimination

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System (“NPDES”) General Permit No. CAS000001 [State Water Resources Control

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Board], Water Quality Order No. 92-12-DWQ (as amended by Water Quality Order
97-03-DWQ and as subsequently amended by Water Quality Order No. 2014-0057-

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DWQ) (hereinafter the “Permit”), issued pursuant to Section 402 of the Federal Water

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Pollution Control Act (“Clean Water Act” or “the Act”), 33 U.S.C. §§ 1251 et seq.;

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WHEREAS, on May 31, 2017, Waterkeeper served City Fibers, the
Administrator of the United States Environmental Protection Agency (“EPA”), the
Executive Director of the State Water Resources Control Board (“State Board”), the

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Executive Officer of the Los Angeles Regional Water Quality Control Board

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(“Regional Board”), the U.S. Attorney General, and the Regional Administrator of the

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EPA (Region 9) with a notice of intent to file suit under Sections 505(a)(1) and (f) of

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the Clean Water Act, 33 U.S.C. § 1365(b)(1)(A) (“60-Day Notice letter”), alleging

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[PROPOSED] CONSENT DECREE

Case No. 2:17-cv-05960-AB-AGR

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violations of the Act and the Permit at the Facilities;

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WHEREAS, on August 10, 2017, Waterkeeper filed a complaint against City
Fibers in the United States District Court, Central District Court of California, entitled

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Los Angeles Waterkeeper v. City Fibers, Inc. (Case No. 2:17-cv-05960-AB-AGR);

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alleging violations of Section 301(a) of the Clean Water Act, 33 U.S.C. § 1311(a), and

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violations of the Permit at the Facilities (“Complaint”) based on the 60-Day Notice

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letter;
WHEREAS, Waterkeeper contends in its 60-Day Notice letter and Complaint

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that, among other things, City Fibers has repeatedly discharged polluted storm water

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in violation of the Permit and the Clean Water Act;

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WHEREAS, City Fibers denies all allegations set forth in the 60-Day Notice
letter and Complaint relating to the Facilities;
WHEREAS, the Settling Parties, through their authorized representatives and

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without either adjudication of Waterkeeper’s claims or any admission by City Fibers

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of any alleged violation or other wrongdoing, believe it is in their mutual interest and

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choose to resolve in full Waterkeeper’s allegations in the 60-Day Notice letter and

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Complaint through settlement and avoid the cost and uncertainties of further
litigation;
WHEREAS, all actions taken by Defendant pursuant to this Consent Decree

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shall be made in compliance with all applicable federal and state laws and local rules

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and regulations;

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WHEREAS, the Settling Parties are entering into this Consent Decree in order

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[PROPOSED] CONSENT DECREE

Case No. 2:17-cv-05960-AB-AGR

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to reduce or prevent pollutants associated with industrial activities from discharging

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via storm water to the waters of the United States;

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NOW THEREFORE IT IS HEREBY STIPULATED BETWEEN THE

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SETTLING PARTIES, AND ORDERED AND DECREED BY THE COURT,

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AS FOLLOWS:

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1.

The Court has jurisdiction over the subject matter of this action pursuant

to Section 505(a)(l)(A) of the Clean Water Act, 33 U.S.C. § 1365(a)(1)(A);
2.

Venue is appropriate in the Central District of California pursuant to

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Section 505(c)(l) of the Clean Water Act, 33 U.S.C. § 1365(c)(1), because the

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Facilities at which the alleged violations took place is located within this District;

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3.

The Complaint states claims upon which relief may be granted pursuant

to Section 505(a)(l) of the Clean Water Act, 33 U.S.C. § 1365(a)(1);
4.

Plaintiff has standing to bring this action;

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The Court shall retain jurisdiction over this matter for purposes of

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enforcing the terms of this Consent Decree for the life of the Consent Decree, or as

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long thereafter as is necessary for the Court to resolve any motion to enforce this

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Consent Decree.
I.

OBJECTIVES

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It is the express purpose of the Settling Parties entering into this Consent

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Decree to further the objectives set forth in the Clean Water Act, 33 U.S.C. §§ 1251,

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et seq., and to resolve those issues alleged by Waterkeeper in its Complaint. In light

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of these objectives and as set forth fully below, Defendant agrees to comply with the

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[PROPOSED] CONSENT DECREE

Case No. 2:17-cv-05960-AB-AGR

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provisions of this Consent Decree and to comply with the requirements of the Permit

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and all applicable provisions of the Clean Water Act at the Facilities.

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II.

COMMITMENTS OF CITY FIBERS

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City Fibers shall continue to implement appropriate structural and non-

structural BMPs, as required by the Permit, as described more fully below.
8.

Maintenance of Implemented Storm Water Controls. City Fibers

agrees that the Facilities shall maintain in good working order all storm water
collection and management systems currently installed or to be installed pursuant to
this Consent Decree, including but not limited to, existing housekeeping measures.
9.

Structural Improvements to Storm Water Management Measures at

the East Washington Plant. Within thirty (30) days of the Effective Date, City
Fibers shall implement the following structural improvements to the storm water
management measures at the East Washington Plant:
a.

To filter storm water prior to discharge, City Fibers shall

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implement absorbent filter socks designed to treat metals and chemical oxygen

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demand at all industrial storm water discharge locations (DP1 and DP2 and DP3)

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prior to forecast storm events with a greater than 50% chance of precipitation over 0.1
inches. The socks shall be adequately weighted to ensure maximum contact with
storm water prior to discharge.
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Within fourteen (14) days of the first time that the filter socks

described above are deployed, City Fibers shall e-mail Waterkeeper digital
photographs confirming the placement of said filter socks.

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10.

Improvements to Housekeeping Measures at East Washington Plant.

Within thirty (30) days of the Effective Date, City Fibers shall implement the
following improvements to housekeeping measures at the East Washington Plant:
a.

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City Fibers shall use a vacuum automated sweeper to clean paved

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industrial areas at the East Washington Plant at least monthly and prior to forecast

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storm events with a greater than 50% chance of precipitation over 0.1 inches.

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b.

To the extent practicable, City Fibers shall store industrial

materials in designated locations. City Fibers shall cover paper bales that are stored

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outside with tarps prior to forecast storm events with a greater than 50% chance of

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precipitation over 0.1 inches.

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c.

To improve the efficacy of sweeping at the facility, City Fibers

shall repave or perform spot repairs on needed areas of pavement within 90 days of
the Effective Date. These areas are marked on Exhibit 1. Within fourteen (14) days

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of the repairs, City Fibers shall e-mail Waterkeeper digital photographs confirming

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said repairs.

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11.

Evaluation of Infiltration at East Washington Plant.
a.

Within thirty (30) days of the Effective Date, City Fibers shall

prepare and send Waterkeeper a report evaluating site conditions for infiltration
potential of industrial storm water discharges at the East Washington Plant. At a
minimum, infiltration shall be sized to fulfill the minimum design storm requirements
contained in the Permit. The report will include soil conditions in the vicinity of the
infiltration trench, a summary of the results of the infiltration testing, hydrology
calculations for the General Permit design storm, recommended infiltration trench
dimensions (including factors of safety), and conclusions regarding the feasibility of
[PROPOSED] CONSENT DECREE

Case No. 2:17-cv-05960-AB-AGR

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infiltration. Waterkeeper shall have thirty (30) days to provide comments on the

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report. City Fibers shall incorporate Waterkeeper’s comments into the SWPPP or

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shall justify in writing why any comment is not incorporated within thirty (30)

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calendar days of receiving Waterkeeper’s comments. Any disputes about the capacity

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of the East Washington Plant for infiltration shall be subject to the dispute resolution

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provisions set forth in Paragraph 42 of this Consent Decree.

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b.

If Waterkeeper and City Fibers agree that conditions are favorable

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for infiltration, City Fibers shall implement infiltration at the East Washington Plant

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within nine (9) months of the Effective Date.

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12.

Structural Improvements to Storm Water Management Measures at

the West Washington Plant. City Fibers shall implement the following structural
improvements to storm water management measures at the West Washington Plant:
a.

Within thirty (30) days of the Effective Date, to filter storm water

prior to discharge, City Fibers shall implement absorbent filter socks designed to treat
metals and chemical oxygen demand at all industrial storm water discharge locations
(DP1, DP2, and DP3) prior to forecast storm events with a greater than 50% chance of

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precipitation over 0.1 inches. The socks shall be adequately weighted to ensure

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maximum contact with storm water prior to discharge.

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b.

Within thirty (30) days of the Effective Date, City Fibers shall

continue to ensure that all non-storm water discharges that are not authorized nonstorm water discharges pursuant to the Industrial General Permit are eliminated.
c.

Within ninety (90) days of the Effective Date, to improve the

efficacy of sweeping at the facility, City Fibers shall repave or perform spot repairs on
needed areas of pavement. These areas are marked on Exhibit 1.

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d.

Within fourteen (14) days of each of the above improvements, City

Fibers shall e-mail Waterkeeper digital photographs confirming said improvements.
With respect to the implementation of the filter socks in Paragraph 12(a), City Fibers

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shall send Waterkeeper photographs only after the first time that said filter socks are

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installed.

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13.

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Improvements to Housekeeping Measures at the West Washington

Plant. Within thirty (30) days of the Effective Date, City Fibers shall implement the
following improvements to housekeeping measures at the West Washington Plant:
a.

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City Fibers shall use a vacuum automated sweeper to clean the

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drainage areas for DP-1, DP-2, and DP-3 at the West Washington Plant at least

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monthly and prior to forecast storm events with a greater than 50% chance of

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precipitation over 0.1 inches.
b.

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To the extent practicable, City Fibers shall store industrial

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materials in designated locations. City Fibers shall cover paper bales prior to forecast

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storm events with a greater than 50% chance of precipitation over 0.1 inches.

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c.

City Fibers shall refrain from conducting any industrial activities

in the DP-4 drainage area. This includes, but is not limited to, refraining from storing
any industrial materials in this area.
14.

Evaluation of Infiltration at West Washington Plant.
a.

Within thirty (30) days of the Effective Date, City Fibers shall

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prepare and send Waterkeeper a report evaluating site conditions for infiltration

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potential of industrial storm water discharges at the West Washington Plant. At a

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minimum, infiltration shall be sized to fulfill the minimum design storm requirements

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[PROPOSED] CONSENT DECREE

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contained in the Permit. The report will include soil conditions in the vicinity of the

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infiltration trench, a summary of the results of the infiltration testing, hydrology

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calculations for the General Permit design storm, recommended infiltration trench

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dimensions (including factors of safety), and conclusions regarding the feasibility of

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infiltration. Waterkeeper shall have thirty (30) days to provide comments on the

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report. City Fibers shall incorporate Waterkeeper’s comments into the SWPPP or

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shall justify in writing why any comment is not incorporated within thirty (30)

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calendar days of receiving Waterkeeper’s comments. Any disputes about the capacity

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of the West Washington Plant for infiltration shall be subject to the dispute resolution

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provisions set forth in Paragraph 42 of this Consent Decree.
b.

If Waterkeeper and City Fibers agree that conditions are favorable

for infiltration, City Fibers shall implement infiltration at the West Washington Plant
within six (6) months of the Effective Date.
15. Structural Improvements to Storm Water Management Measures at

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the Los Angeles Plant #1. City Fibers shall implement the following structural

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improvements to the storm water management measures at the Los Angeles Plant #1:

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a.

Within thirty (30) days of the Effective Date, to filter storm water

prior to discharge, City Fibers shall implement absorbent filter socks designed to treat
metals and chemical oxygen demand at all industrial storm water discharge locations

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prior to forecast storm events with a greater than 50% chance of precipitation over 0.1

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inches. The socks shall be adequately weighted to ensure maximum contact with

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storm water prior to discharge.

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b.

Within fourteen (14) days of the first time that the filter socks

described above are deployed, City Fibers shall e-mail Waterkeeper digital

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photographs confirming the placement of said filter socks.
16. Improvements to Housekeeping Measures at the Los Angeles Plant
#1. Within thirty (30) days of the Effective Date, City Fibers shall implement the
following improvements to housekeeping measures at the Los Angeles Plant #1:
a.

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industrial drainage areas at the Los Angeles Plant #1 at least monthly and prior to
forecast storm events with a greater than 50% chance of precipitation over 0.1 inches.

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b.

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c.

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City Fibers shall refrain from storing metal stockpiles in the

outdoor area that is located in the DP-1 drainage area.

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City Fibers shall cover cardboard bales with tarps prior to forecast

storm events with a greater than 50% change of precipitation over 0.1 inches.

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City Fibers shall use a vacuum automated sweeper to clean the

d.

City Fibers shall take digital photographs of storm water sampling

events at each outfall at the Los Angeles Plant #1 during the first sampling event of

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the 2018-2019 reporting year once the Consent Decree is in effect. These photos shall

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be provided to Waterkeeper within fourteen (14) days of the sampling date.

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e.

To the extent practicable, City Fibers shall store industrial

materials in designated locations. City Fibers shall cover paper bales prior to forecast
storm events with a greater than 50% chance of precipitation over 0.1 inches.
17.

Evaluation of Infiltration at Los Angeles Plant #1.
a.

Within thirty (30) days of the Effective Date, City Fibers shall

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prepare and send Waterkeeper a report evaluating site conditions for infiltration

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potential of industrial storm water discharges at Los Angeles Plant #1. At a

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minimum, infiltration shall be sized to fulfill the minimum design storm requirements

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contained in the Permit. The report will include soil conditions in the vicinity of the

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infiltration trench, a summary of the results of the infiltration testing, hydrology

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calculations for the General Permit design storm, recommended infiltration trench

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dimensions (including factors of safety), and conclusions regarding the feasibility of

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infiltration. Waterkeeper shall have thirty (30) days to provide comments on the

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report. City Fibers shall incorporate Waterkeeper’s comments into the SWPPP or

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shall justify in writing why any comment is not incorporated within thirty (30)

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calendar days of receiving Waterkeeper’s comments. Any disputes about the capacity

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of the Los Angeles Plant #1 for infiltration shall be subject to the dispute resolution

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provisions set forth in Paragraph 42 of this Consent Decree.

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b.

If Waterkeeper and City Fibers agree that conditions are favorable

for infiltration, City Fibers shall implement infiltration at the Los Angeles Plant #1
within six (6) months of the Effective Date.
18.

Structural Improvements to Storm Water Management Measures at

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the Los Angeles Plant #2. City Fibers shall implement the following structural

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improvements to the storm water management measures at the Los Angeles Plant #2:

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a.

Within thirty (30) days of the Effective Date, to filter storm water

prior to discharge, City Fibers shall implement absorbent filter socks designed to treat
metals and chemical oxygen demand at all industrial storm water discharge locations

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23 inches. The socks shall be adequately weighted to ensure maximum contact with
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storm water prior to discharge.
b.

Within 90 days of the Effective Date, to improve the efficacy of

sweeping at the facility, City Fibers shall repave or perform spot repairs on needed

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areas of pavement. These areas are marked on Exhibit 1.

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c.

speed bump or equivalent BMP along the south boundary of the facility and adjacent
to E. 25th Street.
d.

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Within 30 days of the Effective Date, City Fibers shall install a

Within fourteen (14) days of each of the above improvements, City

Fibers shall e-mail Waterkeeper digital photographs confirming said improvements.
With respect to the implementation of the filter socks in Paragraph 18(a), City Fibers
shall send Waterkeeper photographs only after the first time that said filter socks are
installed.
19. Improvements to Housekeeping Measures at the Los Angeles Plant
#2. Within thirty (30) days of the Effective Date, City Fibers shall implement the
following improvements to housekeeping measures at the Los Angeles Plant #2:
a.

City Fibers shall use a vacuum automated sweeper to clean the

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industrial drainage areas at the Los Angeles Plant #2 at least monthly and prior to

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forecast storm events with a greater than 50% chance of precipitation over 0.1 inches.

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b.

To the extent practicable, City Fibers shall store industrial

materials in designated locations. City Fibers shall cover paper bales that are stored
outside with tarps prior to forecast storm events with a greater than 50% chance of
precipitation over 0.1 inches.
20. Evaluation of Infiltration at Los Angeles Plant #2.
a.

Within thirty (30) days of the Effective Date, City Fibers shall

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prepare and send Waterkeeper a report evaluating site conditions for infiltration

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potential of industrial storm water discharges at Los Angeles Plant #2. At a

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minimum, infiltration shall be sized to fulfill the minimum design storm requirements

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contained in the Permit. The report will include soil conditions in the vicinity of the

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infiltration trench, a summary of the results of the infiltration testing, hydrology

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calculations for the General Permit design storm, recommended infiltration trench

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dimensions (including factors of safety), and conclusions regarding the feasibility of

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infiltration. Waterkeeper shall have thirty (30) days to provide comments on the

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report. City Fibers shall incorporate Waterkeeper’s comments into the SWPPP or

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shall justify in writing why any comment is not incorporated within thirty (30)

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calendar days of receiving Waterkeeper’s comments. Any disputes about the capacity

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of the Los Angeles Plant #2 for infiltration shall be subject to the dispute resolution
provisions set forth in Paragraph 42 of this Consent Decree.
b.

If Waterkeeper and City Fibers agree that conditions are favorable

for infiltration, City Fibers shall implement infiltration at the Los Angeles Plant #2
within twelve (12) months of the Effective Date.
21. Structural Improvements to Storm Water Management Measures at

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the West Valley Plant. City Fibers shall implement the following structural

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improvements to the storm water management measures at the West Valley Plant:

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a.

Within thirty (30) days of the Effective Date, to filter storm water

prior to discharge, City Fibers shall implement absorbent filter socks designed to treat
metals, chemical oxygen demand, and total suspended solids at the industrial storm

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water discharge location prior to forecast storm events with a greater than 50% chance

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of precipitation over 0.1 inches. The socks shall be adequately weighted to ensure

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maximum contact with storm water prior to discharge.

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22. Improvements to Housekeeping Measures at the West Valley Plant.

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Within thirty (30) days of the Effective Date, City Fibers shall implement the

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following improvements to housekeeping measures at the West Valley Plant:

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a.

City Fibers shall use a vacuum automated sweeper to clean the

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industrial drainage areas at the West Valley Plant at least monthly and prior to

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forecast storm events with a greater than 50% chance of precipitation over 0.1 inches.

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b.

Within sixty (60) days of the Effective Date, City Fibers shall

install a speed bump or equivalent at the north entrance of the facility to make sure
storm water from the facility flows to the surface drain.
c.

Within 120 days of the Effective Date, to improve the efficacy of

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sweeping at the facility, City Fibers shall repave or perform spot repairs on needed

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areas of pavement. These areas are marked on Exhibit 1.

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d.

Within fourteen (14) days of each of the above improvements in

Paragraphs 22(b) and (c), City Fibers shall e-mail Waterkeeper digital photographs
confirming said improvements.
23. Evaluation of Infiltration at the West Valley Plant.
a.

Within thirty (30) days of the Effective Date, City Fibers shall

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prepare and send Waterkeeper a report evaluating site conditions for infiltration

21

potential along the southwest boundary of the site and adjacent to the railroad

22

easement. At a minimum, infiltration shall be sized to fulfill the minimum design

23

storm requirements contained in the Permit. The report will include soil conditions in

24

the vicinity of the infiltration trench, a summary of the results of the infiltration

25

testing, hydrology calculations for the General Permit design storm, recommended

26

infiltration trench dimensions (including factors of safety), and conclusions regarding

27

the feasibility of infiltration. Waterkeeper shall have thirty (30) days to provide

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comments on the report. City Fibers shall incorporate Waterkeeper’s comments into

2

the SWPPP or shall justify in writing why any comment is not incorporated within

3

thirty (30) calendar days of receiving Waterkeeper’s comments. Any disputes about

4

the capacity of the West Valley Plant for infiltration shall be subject to the dispute

5

resolution provisions set forth in Paragraph 42 of this Consent Decree.

6

b.

If Waterkeeper and City Fibers agree that conditions are favorable

7

for infiltration, City Fibers shall implement infiltration at the West Valley Plant within

8

three (3) months of the Effective Date.

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24. Employee Training. Within sixty (60) days of the Effective Date,
Defendant shall conduct training for employees who have responsibility at the
Facilities for the implementation of any portion of the SWPPP, including the
Monitoring Implementation Plan (“MIP”), or compliance with other terms of
the Permit or Consent Decree. The training program shall include use of
written training materials needed for effective implementation of the training
program. Defendant shall also ensure that there are a sufficient number of
employees assigned to implement the BMPs and conduct other compliance
activities required by the Permit and this Consent Decree, and that these
employees are properly trained to perform the required activities.
Training shall be provided on an annual basis, or as otherwise required to
ensure compliance with the terms of this Consent Decree, by a private
consultant or a representative of Defendant who is familiar with the

23

requirements of this Consent Decree and the Permit. The training shall be

24

repeated as necessary to ensure that employees are familiar with the

25

requirements of this Consent Decree, the Permit, and the Defendant’s Facilities’

26

SWPPP and MIP, as appropriate to the particular employee’s job descriptions.

27

Any new employee at Defendant’s Facilities who is responsible for

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implementation of any portion of the SWPPP, the MIP, or compliance with

2

other terms of the Permit or Consent Decree shall receive training within sixty

3

(60) days after being hired, or before being responsible for compliance with the

4

terms of the Permit or Consent Decree.

5

Defendant shall maintain training records to document compliance with

6

Section III.E of this Consent Decree, and shall make these records available for

7

Plaintiff’s review at the Defendant’s Facilities. The Training Program shall be

8

specified in the SWPPP and Defendant shall modify the SWPPP as necessary to

9

reflect the training program required by this Consent Decree.

10

The training program shall cover the following topics:

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a.

Non-Storm Water Discharge Training. The training program

shall include training of all applicable employees on the Permit’s prohibition
of non-storm water discharges, so that employees know what non-storm water
discharges are, which can result from improper practices that may produce
non-storm water discharges, and how to detect and prevent them.
b.

BMP Training. The training program shall include training

of all applicable employees on BMP implementation and maintenance to
ensure that BMPs are implemented effectively to prevent or reduce the
exposure of potential pollutants to storm water and to ensure the proper
implementation of BMPs, including treatment systems (if applicable), at the
Facilities.
c.

Sampling Training. The training program shall include

24

training of an adequate number of employees to ensure the collection of storm

25

water samples as required by this Consent Decree and/or the Permit, and

26

include training on the proper sampling protocols and chain of custody

27

requirements to ensure storm water samples are properly collected, stored, and

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submitted to a certified laboratory.
d.

2

Visual Observation Training. The training program shall

3

include training of all individuals performing visual observations at the

4

Facilities pursuant to this Consent Decree and/or the Permit that includes when

5

visual observations are required, the different types of visual observations

6

required, and instruction on proper record keeping under the Permit.

7
8
9
10

25.

Storm Water Sampling. The following storm water monitoring

procedures shall be implemented at the Facilities:
a.

Frequency. During the term of this Consent Decree, Defendant

11

shall collect samples from each industrial discharge location at the Facilities in the

12

event that discharges occur at the Facilities during scheduled facility operating hours

13
14
15

from at least four (4) qualified storm events pursuant to the Permit. A “qualified
storm event” is a storm event that produces a discharge from at least one (1) drainage

16

area and is preceded by forty-eight (48) hours with no discharge from any drainage

17

area. If, prior to March 1 of a reporting year, Defendant has collected samples from

18

two (2) or fewer qualified storm events, Defendant shall sample at least two (2) non-

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qualified storm events during operating hours. To satisfy the requirements of this
Consent Decree, samples collected during non-qualified storm events must have been

22

collected during storm events that occurred at least three working (3) days apart.

23

Samples from non-qualified storm events must be collected within the first four (4)

24

hours after rain begins or the particular facility begins operation in the event the rain

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26
27

begins prior to operating hours.
b.

Contained or Stored Storm Water. To the extent industrial storm

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water is stored or contained at the Defendant’s Facilities, Defendant shall sample the

2

stored or contained water before it is released, even if the release is not during

3
4

operating hours.
c.

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6

collected for the contaminants set forth in the Table 1.

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9
10

d.

measured in the field.
e.

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f.

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Hold Time. All samples shall be delivered to the laboratory as

necessary to ensure that sample “hold time” is not exceeded for each contaminant
sampled. For field measurements, such as pH, Defendant shall follow the
requirements set forth in the Permit.
g.

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19

Detection Limits. The laboratory shall use analytical methods

adequate to detect the individual contaminants at or below Table 1 Numeric Limits.

13
14

Laboratory. A laboratory accredited by the State of California shall

analyze all samples collected pursuant to this Consent Decree, except for pH which is

11
12

Parameters. Defendant shall analyze each storm water sample

Concentrations. Defendant shall request that all sample results for

metals be reported by the laboratory as necessary to provide for comparison to limits
in Table 1.
h.

22

Reporting. Defendant shall provide Waterkeeper with the complete

23

laboratory results, including a copy of the Quality Assurance/Quality Control and the

24

laboratory report for all storm water samples collected within ten (10) business days

25

of receiving the results.

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27

26.

Amendment of SWPPPs. Within thirty (30) days of the Effective Date,

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City Fibers shall amend the Facilities’ SWPPPs to incorporate all changes,

2

improvements, and best management practices set forth in or resulting from this

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4
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Consent Decree. City Fibers shall ensure that all maps, tables, and text comply with
the requirements of the Permit.
City Fibers shall revise the SWPPPs to describe all structural and non-structural
BMPs, details of the measures to be installed, and discuss why such BMPs should be
effective in addressing the pollutant sources at the Facilities. A copy of the amended
SWPPPs shall be provided to Waterkeeper within ten (10) business days of

11

completion. Waterkeeper shall provide comments, if any to City Fibers within thirty

12

(30) days of receipt of the amended SWPPPs. City Fibers shall incorporate

13

Waterkeeper’s comments into the SWPPPs or shall justify in writing why any

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comment is not incorporated within thirty (30) calendar days of receiving
Waterkeeper’s comments. Any disputes over the adequacy of the amended SWPPPs
shall be resolved pursuant to the Dispute Resolution provision in Paragraph 42.
27.

Additional and Ongoing Revisions to SWPPPs. City Fibers shall

revise the SWPPPs, including the MIPs, pursuant to the Permit, including if there are
any changes in City Fibers’ Facilities’ operations that may possibly affect the quality
of industrial storm water discharges, including but not limited to changes to industrial

23

storm water discharge point(s)/sample location(s) or changes or additions to the BMPs

24

resulting from an Action Plan, or the reduction of discharge points. City Fibers shall

25

submit any revised SWPPP to Waterkeeper for review and comment if a significant

26
27

revision has been made e.g., change or reduction of industrial storm water discharge

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points, implementation of advanced BMPs, etc. consistent with the terms and

2

timelines of Paragraph 26 above.

3
4

28.

Document Provision. During the term of this Consent Decree, City

5

Fibers shall notify Waterkeeper within five (5) day after it uploads to SMARTS any

6

document related to storm water quality at the Defendant’s Facilities. City Fibers

7

shall copy Waterkeeper on its submittal of any document and/or written

8
9
10

communication that is not uploaded via SMARTS that is related to storm water
quality at the Facilities to any state or local agency or municipality. Any

11

correspondence related to storm water quality received by City Fibers from any state

12

or local agency or municipality shall be provided to Waterkeeper within ten (10)

13

business days of receipt by City Fibers.

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15
16

29.

Annual Site Inspections. Up to three Waterkeeper representatives or

consultants (including an attorney), may conduct one inspection (“Site Inspection”) at

17

each of the Facilities each year that this Consent Decree is in effect, except in the

18

event there is a storm water discharge from the Facilities that triggers the need to

19

prepare a Table 1 Action Plan, then Waterkeeper shall be permitted to perform one (1)

20
21
22

additional Site Inspection at the Facility for which the Action Plan was submitted
pursuant to Paragraph 31. Site Inspections shall occur during normal business hours

23

and Waterkeeper shall provide Defendant with as much notice as possible, but at least

24

twenty-four (24) hours notice prior to a Site Inspection during wet weather (Wet

25

Weather inspection), and seventy-two (72) hours notice prior to a Site Inspection

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27

during dry weather. Notice will be provided by telephone and electronic mail.

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During the Site Inspection, Defendant shall allow Waterkeeper and/or its

2

representatives access to the Facilities’ SWPPPs, MIP, storm water monitoring

3
4

records, and non-privileged reports and data related to storm water monitoring at the

5

Facilities. During the Wet Weather inspection, Plaintiff may request that Defendant

6

collect a sample of industrial storm water discharge from the Facilities’ designated

7

industrial discharge points referenced in its SWPPP, to the extent that such discharges

8
9
10

are occurring. Defendant shall collect the sample and provide a split sample to
Waterkeeper. Waterkeeper’s representative(s) may observe the split sample(s) being

11

collected by Defendant’s representative. Waterkeeper shall be permitted to take

12

photographs or video recording during any Site Inspection pursuant to this paragraph.

13

If Waterkeeper takes photographs and/or video recording, Waterkeeper shall provide

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15
16
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Defendant with the photographs and/or video within fourteen (14) calendar days after
the Site Inspection. Waterkeeper agrees that all individuals who will participate in a
Site Inspection will execute a waiver and release prior to the Site Inspection.

18

III.

MEET AND CONFER ABOUT SAMPLING RESULTS

19

30.

Action Plan Regarding Exceedance of Numeric Limitations.

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21
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a.

If a particular Facility’s storm water sampling results during the

2018-2019, 2019-2020, and 2020-2021 reporting years show three or more

23

exceedances of numeric limitations in Table 1 of the same constituent in a single

24

reporting year, City Fibers agrees to take responsive actions to improve its storm

25

water management practices, including re-evaluating its structural and non-structural

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BMPs, evaluating and/or implementing advanced treatment systems (if applicable

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pursuant to provision 30.b.iii) and implementing additional BMPs aimed at reducing

2

levels observed in storm water samples.

3
4

Table 1. Numeric Limitations.

5

Contaminant

Numeric Limit

6

Total Suspended Solids

100 mg/L

7

pH

6.0 – 9.0 s.u.

Oil and Grease

15 mg/L

Total Recoverable Iron

1.0 mg/L

11

Total Recoverable Zinc

0.20 mg/L

12

Total Recoverable Copper

0.0253 mg/L

Total Recoverable Lead

0.182 mg/L

Total Recoverable Aluminum

0.75 mg/L

Chemical Oxygen Demand

120 mg/L

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b.

In furtherance of that objective, City Fibers shall prepare a written

statement (“Action Plan”) that includes the following:
i. A discussion of any exceedance or exceedances of the numeric
limitations;
ii. An explanation of the possible cause(s) and/or source(s) of any
exceedance; and
iii. Identification of responsive BMPs that will be taken to improve
the particular facility’s storm water management practices to
further reduce the possibility of future exceedance(s). This

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evaluation must consider advanced media filtration and

2

treatment that would be sized at a minimum for the “Design

3

Storm Standards for Treatment Control BMPs” in Section

4
5

X.H.6 of the General Permit. However, the consideration of

6

advanced media filtration and treatment shall not be required to

7

the extent a particular plant is still undergoing and/or

8

implementing infiltration or has implemented infiltration during

9

the Reporting Year that triggered the Action Plan, pursuant to

10

Paragraphs 11, 14, 17, 20, and/or 23 of this Consent Decree.

11

c. Should an Action Plan be required, such Action Plan shall be e-

12
13

mailed to Waterkeeper no later than July 30th during each year of this

14

Consent Decree.

15

d. The new BMPs pursuant to the Action Plan shall be implemented by

16
17

the October 1 subsequent to the due date of each respective Action

18

Plan.

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31.

Action Plan Review. Upon receipt of the Action Plan, Waterkeeper

shall have thirty (30) days to provide City Fibers with comments. Within thirty (30)
days of receipt of Waterkeeper’s Action Plan comments, City Fibers shall revise its

23

SWPPP and/or Monitoring Implementation Plan to reflect the changes and /or

24

additional BMPs as set forth in the Action Plan or shall justify in writing why any

25

comment is not incorporated. If requested by Waterkeeper within thirty (30) days of

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receipt of such Action Plan, Waterkeeper and City Fibers shall meet and confer to

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discuss the contents of the Action Plan and the adequacy of proposed BMPs to

2

improve the quality of the Facilities’ storm water to levels at or below the numeric

3
4

limitations. If requested by Waterkeeper within thirty (30) days of receipt of such

5

Action Plan, Waterkeeper and City Fibers shall meet and confer and conduct a site

6

inspection within sixty (60) days after the due date of the Action Plan to discuss the

7

contents of the Action Plan and the adequacy of proposed measures to improve the

8
9
10

quality of the Facilities’ storm water to levels at or below the numeric limitations. If
within twenty-one (21) days of the parties meeting and conferring, the parties do not

11

agree on the adequacy of the additional measures set forth in the Action Plan, the

12

Settling Parties may agree to seek a settlement conference with the Magistrate Judge

13

assigned to this action pursuant to Paragraph 42 below. If the Settling Parties fail to

14
15
16

reach an agreement on additional measures, Waterkeeper may bring a motion before
the District Court consistent with Paragraph 42 below. The Parties may agree in

17

writing to extend any dates contained in this paragraph in order to further this

18

Paragraph’s meet and confer procedure.

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32.

Any concurrence or failure to object by Waterkeeper with regard to the

reasonableness of any additional measures required by this Consent Decree or
implemented by City Fibers shall not be deemed to be an admission of the adequacy

23

of such measures should they fail to bring the Facilities’ storm water discharges into

24

compliance with applicable water quality criteria or the BAT/BCT requirements set

25

forth in the Permit.

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IV.

2
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MITIGATION, REIMBURSEMENT OF LITIGATION FEES AND
COSTS, OVERSIGHT, AND STIPULATED PAYMENTS

33.

Mitigation Payment. In recognition of the good faith efforts by City

5

Fibers to comply with all aspects of the Permit and the Clean Water Act at the

6

Facilities, and in lieu of payment by City Fibers of any penalties, which may have

7

been assessed in this action if it had been adjudicated adverse to City Fibers, the

8
9
10

Parties agree that City Fibers will pay the sum of fifty thousand dollars ($50,000) to
the Rose Foundation for Communities and the Environment (“Rose Foundation”) for

11

the sole purpose of providing grants to environmentally beneficial projects in the

12

Southern California Bight relating to water quality improvements. Payment shall be

13

provided to the Rose Foundation as follows: Rose Foundation, 201 4th Street, Suite

14
15
16

102, Oakland, CA 94607, Attn: Tim Little. Payment shall be made by City Fibers to
the Rose Foundation within fifteen (15) calendar days of the Effective Date. City

17

Fibers shall copy Waterkeeper with any correspondence and a copy of the check sent

18

to the Rose Foundation. The Rose Foundation shall provide notice to the Parties

19

within thirty (30) days of when the funds are disbursed by the Rose Foundation,

20
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22

setting forth the recipient and purpose of the funds.
34.

Reimbursement of Fees and Costs. City Fibers shall reimburse

23

Waterkeeper in the amount of one hundred and thirty five thousand dollars ($135,000)

24

to help defray Waterkeeper’s reasonable investigation, expert, and attorneys’ fees and

25

costs, and all other reasonable costs incurred as a result of investigating the activities

26
27

at the Facilities related to this Consent Decree, bringing these matters to City Fibers’

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attention, and negotiating a resolution of this action in the public interest. City Fibers

2

shall tender said payment, payable to “Los Angeles Waterkeeper”, within fifteen (15)

3
4
5

days of the Effective Date.
35.

Compliance Monitoring Funds. As reimbursement for Waterkeeper’s

6

future fees and costs that will be incurred in order for Waterkeeper to monitor City

7

Fibers’ compliance with this Consent Decree and to effectively meet and confer and

8
9
10

evaluate storm water monitoring results for the Facilities, City Fibers agrees to pay
Waterkeeper the amount of twenty thousand dollars ($20,000) for its costs to be

11

incurred in overseeing the implementation of this Consent Decree. City Fibers shall

12

make payment to Waterkeeper within forty-five (45) calendar days of the Effective

13

Date. Payment by City Fibers to Waterkeeper shall be made in the form of a single

14
15
16

check payable to “Los Angeles Waterkeeper.”
36.

Stipulated Payment for Missed Deadlines. City Fibers shall make a

17

stipulated payment of Six Hundred Dollars ($600.00) for each missed deadline

18

included in this Consent Decree, not excused by Force Majeure. Payments for a

19

missed deadline shall be used to fund environmental project activities that will benefit

20
21
22

the Southern California Bight. The Stipulated Payment shall be paid to the Rose
Foundation, and mailed via certified mail or overnight delivery to: Rose Foundation,

23

c/o Tim Little, 201 4th Street, Suite 102, Oakland, CA 94607. City Fibers shall

24

provide Waterkeeper with a copy of such payment at the time it is made. City Fibers

25

shall make the Stipulated Payment within thirty (30) days of a missed deadline, unless

26
27

Waterkeeper agreed in writing to an extension of that deadline. City Fibers shall

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provide Waterkeeper with a copy of such payment at the time it is made.
V.

COMMITMENTS OF WATERKEEPER

37.

Submission of Consent Decree to DOJ. Within three (3) business days

5

of receiving all of the Parties’ signatures to this Consent Decree, Waterkeeper shall

6

submit this Consent Decree to the U.S. Department of Justice (“DOJ”) and EPA for

7

agency review consistent with 40 C.F.R. §135.5. The agency review period expires

8
9
10

forty-five (45) calendar days after receipt by the DOJ, evidenced by correspondence
from DOJ establishing the review period. In the event DOJ comments negatively on

11

the provisions of this Consent Decree, the Parties agree to meet and confer to attempt

12

to resolve the issues raised by the DOJ.

13
14
15
16

VI.

WAIVER, RELEASES AND COVENANTS NOT TO SUE

38.

In consideration of the above, and except as otherwise provided by this

Consent Decree, the Parties hereby forever and fully release each other and their

17

respective parents, affiliates, subsidiaries, divisions, insurers, successors, assigns, and

18

current and former employees, attorneys, officers, directors, agents, and all persons,

19

firms and corporations having an interest in them, from any and all claims and

20
21
22

demands of any kind, nature, or description whatsoever, and from any and all
liabilities, damages, injuries, actions or causes of action, either at law or in equity,

23

which the Parties have against each other arising from Waterkeeper’s allegations and

24

claims as set forth in the 60-Day Notice Letter and/or Complaint, or which could have

25

been claimed for matters asserted in the 60-Day Notice Letter and/or Complaint, for

26
27

alleged CWA violations, including alleged storm water pollution discharges, at the

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3
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Facilities up to and including the Termination Date of this Consent Decree.
39.

The Parties acknowledge that they are familiar with section 1542 of the

California Civil Code, which provides:
A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his or
her settlement with the debtor.

8

The Parties hereby waive and relinquish any rights or benefits they may have under

9

California Civil Code section 1542 with respect to any other claims against each other

10

arising from, or related to, the allegations and claims as set forth in the 60-Day Notice

11
12
13

Letter and Complaint for alleged CWA violations, including alleged storm water
pollution discharges at the Facilities up to and including the Termination Date of this

14

Consent Decree.

15

40.

16
17
18
19

No Admission. The Parties enter into this Consent Decree for the

purpose of avoiding prolonged and costly litigation. Nothing in this Consent Decree
shall be construed as, and City Fibers expressly does not intend to imply, any
admission as to any fact, finding, issue of law, or violation of law, nor shall

20

compliance with this Consent Decree constitute or be construed as an admission by

21

City Fibers of any fact, finding, conclusion, issue of law, or violation of law.

22

However, this Paragraph shall not diminish or otherwise affect the obligation,

23
24
25

responsibilities, and duties of the Parties under this Consent Decree.
41.

Nothing in this Consent Decree limits or otherwise affects Plaintiff’s

26

right to address or take any position that it deems necessary or appropriate in any

27

formal or informal proceeding before the Regional Board, EPA, or any other judicial

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or administrative body on any matter relating to City Fibers.
VII. BREACH OF CONSENT DECREE AND DISPUTE RESOLUTION
PROCEDURES
42.

Dispute Resolution. If a dispute under this Consent Decree arises, or

either Party believes that a breach of this Consent Decree has occurred, the Parties

7

shall schedule a meet and confer within ten (10) business days of receiving written

8

notification from the other Party of a request for a meeting to determine whether a

9
10
11

violation of this Consent Decree has occurred and to develop a mutually agreed upon
plan, including implementation dates, to resolve the dispute. In the event that such

12

disputes cannot be resolved through this meet and confer process, the Parties agree to

13

request a settlement meeting before the Magistrate Judge assigned to this action. The

14

Parties agree to file any waivers necessary for the Magistrate Judge to preside over

15
16
17

any settlement conference pursuant to this Paragraph. In the event that the Parties
cannot resolve the dispute by the conclusion of the settlement meeting with the

18

Magistrate Judge, the Parties agree to submit the dispute via motion to the District

19

Court. In resolving any dispute arising from this Consent Decree, the Court shall have

20

discretion to award attorneys’ fees and costs to either party. The relevant provisions

21
22
23

of the then-applicable Clean Water Act, and Rule 11 of the Federal Rules of Civil
Procedure, and applicable case law interpreting such provisions shall govern the

24

allocation of fees and costs in connection with the resolution of any disputes before

25

the District Court. The District Court shall award relief limited to compliance orders

26

and awards of attorneys’ fees and costs, subject to proof.

27
28

43.

Force Majeure. City Fibers will notify Waterkeeper if timely

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1

implementation of City Fibers’ respective duties under this Consent Decree becomes

2

impossible due to circumstances beyond the control of City Fibers or its agents, and

3
4

which could not have been reasonably foreseen and prevented by the respective City

5

Fibers’ exercise of due diligence. Any delays due to the City Fibers’ respective

6

failure to make timely and bona fide applications and to exercise diligent efforts to

7

comply with the terms in this Consent Decree will not, in any event, be considered to

8
9
10
11

be circumstances beyond City Fibers’ control. Financial inability will not, in any
event, be considered to be circumstances beyond the City Fibers’ control.
a.

If City Fibers claims impossibility, it will notify Waterkeeper in

12

writing within twenty-one (21) days of the date that City Fibers discovers the event or

13

circumstance that caused or would cause non-performance with the terms of this

14
15
16

Consent Decree. The notice must describe the reason for the non-performance and
specifically refer to this section of this Consent Decree. The notice must describe the

17

anticipated length of time the non-performance may persist, the cause or causes of the

18

non-performance, the measures taken or to be taken by City Fibers to prevent or

19

minimize the non-performance, the schedule by which the measures will be

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implemented, and the anticipated date of compliance. City Fibers will adopt all
reasonable measures to avoid and minimize such non-performance.
b.

The Settling Parties will meet and confer in good faith concerning

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the non-performance and, if the Settling Parties concur that performance was or is

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impossible, despite the timely good faith efforts of City Fibers, due to circumstances

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beyond the control of City Fibers that could not have been reasonably foreseen and

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prevented by the exercise of due diligence by City Fibers, new performance deadlines

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will be established.

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c.

If Waterkeeper disagrees with City Fibers’ notice, or in the event

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that the Settling Parties cannot timely agree on the terms of new performance

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deadlines or requirements, either Settling Party may invoke the dispute resolution

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process described in Paragraph 42 of this Consent Decree. In such proceeding, City

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Fibers will bear the burden of proving that any delay in performance of any
requirement of this Consent Decree was caused or will be caused by force majeure
and the extent of any delay attributable to such circumstances.
d.

If applicable, City Fibers shall diligently file and pursue required

applications for permits, consents, and approvals for the structural BMPs described in
this Consent Decree, and shall diligently pursue the procurement of contractors, labor
and materials to complete all such BMPs by the deadlines set forth herein, and shall

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use reasonable good faith efforts to meet these deadlines. City Fibers shall be excused

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from meeting the deadlines in this Consent Decree for a specific BMP if

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circumstances beyond the reasonable control of Defendant in obtaining any required

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governmental permits, consents, or approvals due to the permitting agency’s actions
or inactions or delays associated with the fabrication and/or construction of materials

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prevent the attainment of deadline for a specific BMP. Such delays may be excused if

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all of the following requirements are met: (1) City Fibers has notified Waterkeeper

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via email within ten (10) days of first learning about the anticipated delay; and (2)

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City Fibers continues to exercise due diligence and reasonable good faith efforts in

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pursuing the permitting and implementation of the BMP in question and proposes a

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reasonable revised deadline. Any excused delay shall not excuse Defendant from

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implementing its other, unexcused obligations under this Consent Decree.

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VIII. MISCELLANEOUS PROVISIONS

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44.

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Effective Date. The Effective Date of this Consent Decree shall be upon

the subsequent entry of the Consent Decree by the Court.
45.

Term of Consent Decree. This Consent Decree shall terminate on

December 21, 2021, or through the conclusion of any proceeding to enforce this

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Consent Decree initiated prior to December 21, 2021, or until the completion of any

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payment or affirmative duty required by this Consent Decree, whichever is the later

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occurrence. In addition, this Consent Decree may be terminated with respect to one or

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more of Defendant’s Facilities upon the following:

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a.

The cessation of industrial operations by Defendant at a particular

facility, as the case may be, and acceptance and approval of a corresponding Notice of
Termination of Coverage under the Storm Water Permit by the Regional Board.
b.

Beginning with the 2018-2019 Reporting Year, monitoring data

spanning at least two Reporting Years from five (5) consecutive storm water samples
from each Reporting Year collected from the particular facility’s discharge locations,
as the case may be, demonstrate compliance with the Table 1 Numeric Limits.
c.

If a particular facility meets the requirements for Dischargers

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Claiming “No Discharge” through the Notice of Non-Applicability (“NONA”) and

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obtains approval of a Notice of Termination of Coverage under the Storm Water

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Permit by the Regional Board.

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i. In order for this clause to apply, prior to submission of a
NONA, City Fibers shall prepare a No Discharge Technical
Report that complies with the requirements of the General

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Permit to support the Facility’s “No Discharge” eligibility. The

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No Discharge Technical Report shall be prepared and signed by

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a California licensed professional engineer.

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ii. Upon completion of the No Discharge Technical Report and
prior to submitting it to the Regional Board, City Fibers shall

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submit the No Discharge Technical Report to Waterkeeper. and

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underlying data and supporting documentation to Waterkeeper

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for review and comment. Waterkeeper shall provide comments

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to City Fibers within fifteen (15) days of receipt. Defendant
shall incorporate Waterkeeper's comments, or justify in writing

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why any comment(s) are not incorporated, within fifteen (15)

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days of receipt. Within seven (7) days of receipt of City Fibers'

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response to Waterkeeper's comments, Waterkeeeper shall notify

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City Fibers of any remaining disputes with City Fibers' No
Discharge Technical Report. The Settling Parties agree to work

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in good faith with respect to resolving any disputes with respect

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to the No Discharge Technical Report, and agree that the

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existence of any ongoing dispute shall not obligate City Fibers

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to delay its NOT submittal to the Regional Board.

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iii. After submitting its response to Waterkeeper's comments on the

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No Discharge Technical Report, City Fibers shall submit the

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No Discharge Technical Report and the application for NOT to

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the Regional Board for approval, and shall provide a copy of

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those final submittals to Waterkeeper.

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46.

Execution in Counterparts. The Consent Decree may be executed in

one or more counterparts which, taken together, shall be deemed to constitute one
and the same document.
47.

Facsimile Signatures. The Parties’ signatures to this Consent Decree

transmitted by facsimile or electronic mail transmission shall be deemed binding.
48.

Construction. The language in all parts of this Consent Decree, unless

otherwise stated, shall be construed according to its plain and ordinary meaning. The
captions and paragraph headings used in this Consent Decree are for reference only
and shall not affect the construction of this Consent Decree.
49.

Authority to Sign. The undersigned are authorized to execute this

Consent Decree on behalf of their respective parties and have read, understood and
agreed to all of the terms and conditions of this Consent Decree.
50.

Integrated Consent Decree. All Consent Decrees, covenants,

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representations and warranties, express or implied, oral or written, of the Parties

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concerning the subject matter of this Consent Decree are contained herein.

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51.

Severability. In the event that any of the provisions of this Consent

Decree are held by a court to be unenforceable, the validity of the enforceable

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provisions shall not be adversely affected.
52.

Choice of Law. This Consent Decree shall be governed by the laws of

the United States, and where applicable, the laws of the State of California.
53.

Full Settlement. This Consent Decree constitutes a full and final

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settlement of this matter. It is expressly understood and agreed that the Consent

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Decree has been freely and voluntarily entered into by the Parties with and upon

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advice of counsel.
54.

Negotiated Consent Decree. The Parties have negotiated this Consent

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Decree, and agree that it shall not be construed against the party preparing it, but

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shall be construed as if the Parties jointly prepared this Consent Decree, and any

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uncertainty and ambiguity shall not be interpreted against any one party.

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55.

Modification of the Consent Decree. This Consent Decree, and any

provisions herein, may not be changed, waived, or discharged unless by a written
instrument signed by the Parties.
56.

Assignment. Subject only to the express restrictions contained in this

Consent Decree, all of the rights, duties and obligations contained in this Consent
Decree shall inure to the benefit of and be binding upon the Parties, and their
successors and assigns.
57.

Mailing of Documents to Waterkeeper/Notices/Correspondence.

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Any notices or documents required or provided for by this Consent Decree or related

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thereto that are to be provided to Waterkeeper pursuant to this Consent Decree shall

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be, to the extent feasible, sent via electronic mail transmission to the e-mail addresses

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listed below or, if electronic mail transmission is not feasible, via certified U.S. Mail

2

with return receipt, or by hand delivery to the following address:

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4

Los Angeles Waterkeeper:

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Arthur Pugsley
Los Angeles Waterkeeper
120 Broadway, Suite 105
Santa Monica, CA 90401
E-mail: [e-mail]

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With copies sent to:

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Douglas Chermak
Lozeau Drury LLP
410 12th Street, Suite 250
Oakland, CA 94607
E-mail: [e-mail]

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Unless requested otherwise by City Fibers, any notices or documents required
or provided for by this Consent Decree or related thereto that are to be provided to
City Fibers pursuant to this Consent Decree shall, to the extent feasible, be provided

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by electronic mail transmission to the e-mail addresses listed below, or, if electronic

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mail transmission is not feasible, by certified U.S. Mail with return receipt, or by hand

21

delivery to the addresses below:

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City Fibers:
Kipp Jones
Brett Jones
Todd Jones
2500 S. Santa Fe Avenue
Los Angeles, California 90058
[e-mail]

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[e-mail]
[e-mail]

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With copies sent to:

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William W. Funderburk
Castellon & Funderburk LLP
811 Wilshire Blvd., Suite 1025
Los Angeles, CA 90017
E-mail: [e-mail]

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Notifications of communications shall be deemed submitted on the date that
they are emailed, or postmarked and sent by first-class mail or deposited with an
overnight mail/delivery service. Any changes of address or addressees shall be
communicated in the manner described above for giving notices.
58.

If for any reason the DOJ or the District Court should decline to approve

this Consent Decree in the form presented, the Parties shall use their best efforts to
work together to modify the Consent Decree within thirty (30) days so that it is

18

acceptable to the DOJ or the District Court. If the Parties are unable to modify this

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Consent Decree in a mutually acceptable manner that is also acceptable to the

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District Court, this Consent Decree shall immediately be null and void as well as

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inadmissible as a settlement communication under Federal Rule of Evidence 408 and
California Evidence Code section 1152.
59.

The settling Parties hereto enter into this Consent Decree, Order and

Final Judgment and submit it to the Court for its approval and entry as a final

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judgment. By entering into this Consent Decree, the Defendant does not admit

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liability for any purpose as to any allegation or matter arising out of this Action.

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1/2/2019

EXHIBIT 1