Citizen concern about erosion prompts suit

Attorney James Saul recently filed a 60-day notice to sue against Speedway Sand and Gravel, and the City of Madison, for failing to install and maintain proper erosion control measures at the Edgewood Av construction site.

The suit was filed on behalf of three residents of the area, and seeks

• Civil penalties of about $22 million ($37,500 per individual violation, times the number of days)
• Funds for a remedial project to benefit Lake Wingra
• An order requiring Speedway and the City to cease their unlawful discharges
• Payment of legal fees

The papers filed detail a large number of examples of negligence and violation of the law by the City and Speedway.  The specifics fall under these headings:

• Failure to Maintain Specific Best Management Practices (BMPs) identified in the Erosion Control Plan
• Failure to Properly Construct and Maintain Runoff Settling Basins and Pit/Trench Dewatering Settling Basins
• Failure to Conduct BMP Inspections and Repair or Replace BMPs as Necessary Following Rainfall Events of 0.5 Inches or Greater
• Failure to Modify or Curtail Operations as Necessary to Maintain Permit Compliance

"The Clean Water Act authorizes citizens to bring a civil action in the appropriate federal district court in order to enforce the effluent limitations, terms, or conditions of a permit.... The CWA also requires citizens to provide alleged violators of the CWA with at least 60 days' notice of their intent to file suit."

The suit really seeks to begin a dialogue about the City's overly cozy relationship with contractors who abuse trees and other environmental regulations.  It was this same kind of cozy relationship with Federal regulators that led to the Gulf disaster with BP.

At the end of the notice to sue, Atty. Saul said: "We welcome and invite the opportunity to resolve this matter without resort to litigation. We view the 60-day notice period as a chance to hold meaningful discussions with the City of Madison and Speedway Sand &Gravel in order to resolve the ongoing Construction Site GP violations at the Edgewood Avenue Reconstruction Project. If, however, neither the City nor Speedway is interested in such discussions, or if we are unable to resolve this matter to my clients' satisfaction, we will file suit at the end of the notice period."