California Sportfishing Protection Alliance v. Northstate Recycling et al

Filing 21

CONSENT JUDGMENT AS TO STIPULATION AND ORDER FOR APPROVED AMENDED CONSENT AGREEMENT signed by Senior Judge William B. Shubb on 4/22/2013 ORDERING 20 That the Court be requested to approve the Amended Consent Agreement attached hereto and incorporat ed herein as Exhibit 1, and enter judgment therewith. That this Court be requested to retain and have jurisdiction over the Parties throughout the duration of the Amended Consent Agreement for the sole purpose of resolving any disputes between the Parties with respect to enforcement of any provision of the Amended Consent Agreement. (Reader, L)

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ROBERT J. TUERCK (Bar No. 255741)
Jackson & Tuerck
P.O. Box 148
429 W. Main Street, Suite C
Quincy, CA 95971
Tel: [phone]
E-mail: [e-mail]
ANDREW L. PACKARD (Bar No. 168690)
ERIK M. ROPER (Bar No. 259756)
HALLIE B. ALBERT (Bar No. 258737)
Law Offices of Andrew L. Packard
100 Petaluma Blvd. N., Suite 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,
Plaintiff,
vs.

Case No. 2:10

01688-WBS

NORTHSTATE RECYCLING, a California
corporation, and WILLIAM SHORT, an
individual
Defendants.

(Federal Water Pollution Control Act,
33 U.S.C. §§ 1251 to 1387)

STIPULATION AND
ORDER TO APPROVE AMENDED
CONSENT AGREEMENT

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TO THE COURT:
and

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Defendants Northstate Recycling

NORTHSTATE

William Short

SHORT

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Unless otherwise noted, NORTHSTATE and SHORT

STIPULATION AND [PROPOSED] ORDER TO
APPROVE AMENDED CONSENT AGREEMENT

CASE NO. 2:10-CV-01688-WBS-EFB

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WHEREAS, on or about April 28, 2010, CSPA provided DEFENDANTS with a Notice

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-Day

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WHEREAS, on July 1, 2010, CSPA filed its Complaint against DEFENDANTS in this

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Court, California Sportfishing Protection Alliance v. Northstate Recycling, et al., (USDC, E.D.
01688-WBS

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) and said Complaint incorporated by reference all

of the allegations contained in CSPA s 60-Day Notice Letter dated April 29, 2010;

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WHEREAS, CSPA and DEFENDANTS, resolved the allegations of CSPA as set forth

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in the Clean Water Act Notice Letters and Complaint, in full, by way of settlement memorialized

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in a Consent Agreement;

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WHEREAS, pursuant to 40 C.F.R. § 135.5, the the U.S. EPA and the U.S. Department

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of Justice submitted a letter to the Court on May 2, 2011 stating that the agencies had no

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objection to the Consent Agreement has been completed without by the agencies;
WHEREAS, the Court signed a stipulation and order approving the May 2, 2011

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Consent Agreement on May 6, 2011;
WHEREAS, the Defendants have not complied with the requirements of the May 2,

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2011 Consent Agreement;

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WHEREAS, the parties resolved their disputes arising from the Defendants failure to

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comply with the requirements of the May 2, 2011 Consent Agreement through a meet and confer

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process that resulted in the Amended Consent Agreement attached hereto and incorporated

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herein as Exhibit 1; and
WHEREAS, the Parties submitted the Amended Consent Agreement via certified mail,

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return receipt requested, to the U.S.

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review pursuant to 40 C.F.R. § 135.5, and that said review has been completed without objection

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by the agencies.

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//

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///

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STIPULATION AND [PROPOSED] ORDER TO
APPROVE AMENDED CONSENT AGREEMENT

CASE NO. 2:10-CV-01688-WBS-EFB

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED TO BY AND
BETWEEN THE PARTIES:
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That the Court be requested to approve the Amended Consent Agreement

attached hereto and incorporated herein as Exhibit 1, and enter judgment therewith.
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That this Court be requested to retain and have jurisdiction over the Parties

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throughout the duration of the Amended Consent Agreement for the sole purpose of resolving

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any disputes between the Parties with respect to enforcement of any provision of the Amended

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Consent Agreement.

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DATED: April 22, 2013

/s/ Robert J. Tuerck
Robert J. Tuerck
Attorney for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION
ALLIANCE

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JACKSON & TUERCK

DATED: April 22, 2013

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WELLS, SMALL, FLEHARTY & WEIL
/s/ Bartley S. Fleharty (as approved on 04/22/2013)
Bartley S. Fleharty
Attorney for Defendants
NORTHSTATE RECYCLING AND
WILLIAM SHORT

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STIPULATION AND [PROPOSED] ORDER TO
APPROVE AMENDED CONSENT AGREEMENT

CASE NO. 2:10-CV-01688-WBS-EFB

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ORDER

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WHEREAS, the Parties have consented to entry of the foregoing Amended Consent

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WHEREAS, pursuant to 33 U.S.C. § 1365(c)(3), the Parties submitted the Amended

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Consent Agreement to the United States Attorney General and the Administrator of the United

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States Environmental Protection Agency and the review has been completed without objection

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by the agencies;

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WHEREAS, the Court has reviewed the Amended Consent Agreement and fully
Amended Consent Agreement as an order; and

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WHEREAS, the Court finds the Amended Consent Agreement to be: (1) fair, adequate
and reasonable; (2) consistent with applicable laws; and (3) protective of the public interest; and

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WHEREAS, good cause appearing therefore,

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IT IS ORDERED that the Amended Consent Agreement

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Stipulation to Approve Amended Consent Agreement as Exhibit A is hereby approved and

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judgment is entered in accordance therewith;

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2.

IT IS FURTHER ORDERED that the Court shall retain and have jurisdiction over

the Parties with respect to disputes arising under the Amended Consent Agreement.

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IT IS SO ORDERED.

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Date:
Dated: April 22, 2013

_________________________________________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO
APPROVE AMENDED CONSENT AGREEMENT

CASE NO. 2:10-CV-01688-WBS-EFB

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