60 Day Notice 2019-00695

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2019-00695
Notice PDF: 
PDF icon 2019-00695.pdf
Date Filed: 
04/15/2019
Noticing Party: 
Clean Water Fund and Association of Irritated Residents
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Alleged Violators: 
Valley Water Management Company
Chemicals: 
1,4-Dioxane
Arsenic (inorganic arsenic compounds)
Benzene
Bromoform
Cumene
Diethanolamine
Ethylene Glycol
Methanol
Naphthalene
Nickel
Nitrilotriacetic acid, trisodium salt monohydrate
Radionuclides
Residual (heavy) fuel oils
Toluene
Source: 
discharge to drinking water

60-Day Notice Document

Civil Complaint
AG Number:
2019-00695
Complaint PDF: 
PDF icon 2019-00695C5881.pdf
Date Filed:
06/24/2019
Case Name: 
Clean Water Fund, et al. v Valley Water Management Company
Court Name: 
Kern County Superior Court
Court Docket Number: 
BCV-19-101750
Plaintiff: 
Clean Water Fund and Association of Irritated Residents
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
Valley Water Management Company
Type of Claim: 
Unlawful Discharge
Relief Sought: 
Discharge Ban
Civil Penalty
Contact Name: 
Matthew C. Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
490 43rd Street, Ste 108
City, State, Zip:
Oakland, CA 94609
Phone Number:
(415) 568-5200
Settlement
AG Number:
2019-00695
Settlement PDF: 
PDF icon 2019-00695S9352.pdf
Settlement Date:
03/31/2021
Case Name: 
Clean Water Fund, et al. v Valley Water Management Company
Court Name: 
Kern County Superior Court
Court Docket Number: 
BCV-19-101750
Plaintiff: 
Clean Water Fund and Association of Irritated Residents
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
Valley Water Management Company
Injunctive Relief: 
Cessation of discharges
*Non-Contingent Civil Penalty:
$ 139,000.00
Attorney(s) Fees and Costs:
$ 481,000.00
Payment in Lieu of Penalty:
$ 25,000.00  (25,000 to Clean Water Fund (“CWF”) as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 11, sections 3203,subdivision (d), and 3204. CWF will utilize the ASP for activities that address the same or similar public harm as allegedly caused by Settling Defendants in this matter. CWF’s activities have had, and will continue to have, a direct and primary effect within the State of California, as California water users will benefit from the reduction and/or elimination of exposure to Proposition 65 chemicals in drinking water sources, and/or monitoring of discharges of Proposition 65 chemicals that have the potential to enter drinking water sources. Using the ASP, CWF will work to monitor and understand the occurrence, scope, and impacts that pollutants have upon drinking water sources, and users, in California. To these ends, CWF will request, review, and analyze publicly available reports; conduct research and investigations in the field; and work with affected individuals and communities first-hand. Where discharges of Proposition 65 chemicals may enter drinking water sources, and/or where degradation of drinking water may occur, CWF will use its rights of public education, participation, and petition, to protect drinking water sources from Proposition 65-listed contaminants. CWF will maintain adequate records to document these activities, to demonstrate how the ASP funds are spent, and to demonstrate that the funds are spent only for the proper, designated purposes described in this Consent Judgment. Upon request, CWF shall provide the Attorney General, within thirty (30) days of any request, copies of documentation demonstrating how such funds have been spent.)
Total Payments:
$ 645,000.00
Will settlement be submitted to court?
Yes
Contact Name: 
Matthew C. Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
4030 Martin Luther King Jr. Way
City, State, Zip:
Oakland, CA 94609
Phone Number:
415-568-5200
Comments: 
This settlement also covers NOV 2019-01124 (Clean Water Fund, et al. v Sentinel Peak Resources LLC, et al).
Judgment
AG Number:
2019-00695
Judgment PDF: 
PDF icon 2019-00695J4638.pdf
Judgment Date:
06/08/2021
Settlement reported to AG: 
Wed, 03/31/2021
Case Name: 
Clean Water Fund, et al. v Valley Water Management Company
Court Name: 
Kern County Superior Court
Court Docket Number: 
BCV-19-101750
Plaintiff: 
Clean Water Fund and Association of Irritated Residents
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Defendant: 
Valley Water Management Company
Sentinel Peak Resources LLC
Sentinel Peak Resources California LLC
Injunctive Relief: 
Cessation of discharges
*Non-Contingent Civil Penalty:
$ 139,000.00
Attorney(s) Fees and Costs:
$ 481,000.00
Payment in Lieu of Penalty:
$ 25,000.00  (25,000 to Clean Water Fund (“CWF”) as an Additional Settlement Payment (“ASP”), pursuant to California Code of Regulations, title 11, sections 3203,subdivision (d), and 3204. CWF will utilize the ASP for activities that address the same or similar public harm as allegedly caused by Settling Defendants in this matter. CWF’s activities have had, and will continue to have, a direct and primary effect within the State of California, as California water users will benefit from the reduction and/or elimination of exposure to Proposition 65 chemicals in drinking water sources, and/or monitoring of discharges of Proposition 65 chemicals that have the potential to enter drinking water sources. Using the ASP, CWF will work to monitor and understand the occurrence, scope, and impacts that pollutants have upon drinking water sources, and users, in California. To these ends, CWF will request, review, and analyze publicly available reports; conduct research and investigations in the field; and work with affected individuals and communities first-hand. Where discharges of Proposition 65 chemicals may enter drinking water sources, and/or where degradation of drinking water may occur, CWF will use its rights of public education, participation, and petition, to protect drinking water sources from Proposition 65-listed contaminants. CWF will maintain adequate records to document these activities, to demonstrate how the ASP funds are spent, and to demonstrate that the funds are spent only for the proper, designated purposes described in this Consent Judgment. Upon request, CWF shall provide the Attorney General, within thirty (30) days of any request, copies of documentation demonstrating how such funds have been spent.)
Total Payments:
$ 645,000.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Matthew C. Maclear
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
mcm@atalawgroup.com
Address: 
4030 Martin Luther King Jr. Way
City, State, Zip:
Oakland, CA 94609
Phone Number:
415-568-5200

* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.