The California Department of Corrections and Rehabilitation denies any violations occurred but said it’s in the best interest of everyone to resolve the case.
By Alan Riquelmy, Courthouse News Service
The California Department of Corrections and Rehabilitation will pay $1.7 million to offset costs in a federal suit over stormwater discharge at a prison in Amador County.
The consent decree filed Wednesday stated the money will go toward defraying the costs of investigative, consultant, expert and attorneys’ fees and costs incurred by the California Sportfishing Protection Alliance and Amador County.
The alliance and county filed suit in 2020 and 2021, respectively, in the Eastern District of California against Jeffrey Macomber, secretary of the California Department of Corrections and Rehabilitation, and Patrick Covello, warden of Mule Creek State Prison in Ione. Claims included violations of the Clean Water Act, as the prison collects stormwater and discharges it into Mule Creek.
As part of the decree, Macomber and Covello deny the violations claimed, deny that they’re legally sufficient and say they’ve always complied with the Clean Water Act and related requirements.
However, both sides agree it’s in their interest to resolve the suit and enter into the consent decree.
“CDCR denies the occurrence of the alleged violations and maintains that it has complied with the provisions of the Clean Water Act,” said Terri Hardy, acting press secretary with the corrections department, in an email. “However, due to the expense of litigation and the uncertainty of the outcome of any trial, it was in the best interest of all parties to resolve the action without further litigation.”
Amador County officials and the sportfishing protection alliance couldn’t be reached for comment by press time.
Macomber and Covello agree to perform several repairs, implement plans and ensure training occurs as part of the decree. By October, they will implement a stormwater pollution prevention plan. By the same date they’ll identify those responsible for pollution prevention and proper housekeeping at the prison, and require quarterly employee training sessions.
The prison must also perform nest control that complies with the Migratory Bird Treaty Act. Signs or stenciling must be installed outside the secure perimeter stating that nothing should be discarded into storm drains. Also, paved roads and parking lots must be swept every six months.
All repairs to the prison’s wastewater system must occur by July 2030.
Additionally, attorneys for Amador County and the California Sportfishing Protection Alliance may perform a physical inspection of the prison once a year until the decree expires in 2030.
In their lawsuits, Amador County and the sportfishing protection alliance claimed Mule Creek State Prison collects and discharges stormwater into Mule Creek. In February 2018, the Regional Water Board issued an order to the corrections department, saying it must investigate discharges from the prison’s stormwater collection system.
The corrections department then performed a multimillion-dollar investigation into its stormwater and wastewater collection system, compiling a report on the findings. That report recommended repairs to those systems.
In May 2020, Amador County contacted the corrections department regarding violations of the Clean Water Act, indicating it would sue. It also contacted the administrator of the U.S. Environmental Protection Agency, U.S. attorney general, executive director of the State Water Board and executive officer of the Regional Water Board.
Five months later, Amador County provided more information about the suspected violations, again saying it intended to file suit.
That same month the California Sportfishing Protection Alliance said it planned to file suit as well. It filed its complaint in December 2020 and Amador County followed with its own a month later.
The parties announced a settlement in May, and Senior U.S. District Judge William Shubb signed the consent decree this week.
