California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc.

ORDER GRANTING IN PART AND DENYING IN PART EACH PARTY’S SUMMARY JUDGMENT MOTION

GARLAND E. BURRELL, JR., Senior District Judge.

Pending are cross motions for summary judgment on the claims alleged in Plaintiffs Third Amended Complaint • (“TAC”) under the federal Clean Water Act (“CWA”) and California Health & Safety •Code section 25249. •

I. UNCONTROVERTED FACTS1

Defendants “own and/or operate the [scrap metal recycling] facility located at 1855 Kusel Road in Oroville, California Cthe Facility’).” (Pl.’s SUF ¶¶ 1, 8, ECF *1015No. 189.) “The [F]acility’s primary purpose is to receive, separate, and…