FILED Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 1 of 13 FEB 182016 1 2 3 , 4 LAWYERS FOR CLEAN WATER, INC. Drevet Hunt (Bar No. 240487) Email: drev@lawyersforcleanwater.com 1004-A O'Reilly Avenue San Francisco, California 94129 Telephone: (415) 440-6520 Facsimile: (415) 440-4155 CLERK US DISTRICT COUFlT SOUTHERN DISTRICT OF CALIFOR IA BY DEP TV 5 6 7 8 9 10 11 SAN DIEGO COASTKEEPER Matt O'Malley (Bar No. 272802) Email: matt@sdcoastkeeper.org 2825 Dewey Rd, Suite 200 San Diego, California 92106 Telephone: (619) 758-7743 Attorneys for Plaintiff SAN DIEGO COASTKEEPER 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 13 14 15 SAN DIEGO COASTKEEPER, a California nonprofit corporation, CONSENT DECREE 16 17 18 Civil Case No. 15cv01267 JM(WVG) Plaintiff, vs. A-I ALLOYS, Inc., a California corporation; 19 (Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq.) Defendant. 20 21 22 23 24 25 26 ; 27 28 Consent Decree Civil Case No. 15-CV-01267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 2 of 13 1 2 CONSENT DECREE The following Consent Decree is entered into by and between San Diego Coastkeeper 3 ("Coastkeeper" or "Plaintiff') and Defendant A-I Alloys, Inc. ("A-I Alloys"). The entities entering into 4 this Consent Decree are each an individual "Settling Party" and collectively the "Settling Parties." 5 6 7 8 WHEREAS, Coastkeeper is a 501(c)(3) non-profit public benefit corporation organized under the laws of the State of California, with its main office in San Diego, California; WHEREAS, Coastkeeper is dedicated to the preservation, protection, and defense of the rivers, creeks, and coastal waters of San Diego County from all sources of pollution and degradation; 9 WHEREAS, A-I Alloys, Inc., is the owner and operator of a metals recycling facility located at 10 724 Civic Center Drive in National City, California 91950, hereinafter referred to by the Settling Parties 11 as the "A-I Alloys Facility"; 12 WHEREAS, Coastkeeper's members live and/or recreate in and around the San Diego Bay area 13 waters which Coastkeeper's members allege receive discharges from the A-I Alloys Facility, including 14 specifically the San Diego Bay and the Pacific Ocean; 15 WHEREAS, the discharges from the A-I Alloys Facility are regulated by the National Pollutant 16 Discharge Elimination System ("NPDES") General Permit No. CASOOOOOI [State Water Resources 17 Control Board] Water Quality Order No. 92-12-DWQ, as amended by Order No. 97-03-DWQ ("1997 18 Storm Water Permit"), as amended by Order No. 2014-0057-DWQ ("2014 Storm Water Permit") and 19 the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq. ("Clean Water Act" or "CWA"); 20 WHEREAS, on February 9,2015, Coastkeeper sent A-I Alloys, the United States 21 Environmental Protection Agency ("EPA"), EPA Region IX, the State Water Resources Control Board 22 ("State Board"), and the San Diego Regional Water Quality Control Board ("Regional Board") a notice 23 of intent to file suit ("Notice Letter'') under Sections 505(a) and (b) of the Clean Water Act, 33 U.S.c. 24 §§ 1365(a) and (b). The Notice Letter alleged violations of Section 301(a) of the Clean Water Act, 33 25 U.S.C. § 13ll(a), and violations of the Storm Water Permit at the A-I Alloys Facility; 26 WHEREAS, on June 5, 2015, Coastkeeper filed a complaint against A-I Alloys in the United 27 States District Court, Southern District of California (Case No. 15-cv-01267-JM-WVG), alleging 28 violations of Section 301(a) of the Clean Water Act, 33 U.S.c. § 13ll(a), and violations of the Storm Consent Decree 2 Civil Case No. 15-CV-01267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 3 of 13 1 Water Permit at the A-I Alloys Facility ("Complaint"); 2 WHEREAS, Coastkeeper alleges A-I Alloys to be in violation of the substantive and 3 procedural requirements of the Storm Water Permit and the Clean Water Act with respect to the A-I 4 Alloys Facility; WHEREAS, A-I Alloys denies all allegations in the Notice Letter and Complaint relating to the 5 6 A-I Alloys Facility; 7 WHEREAS, Coastkeeper and A-I Alloys have agreed that it is in the Settling Parties' mutual 8 interest to enter into a Consent Decree setting forth terms and conditions appropriate to resolving the 9 allegations set forth in the Complaint without further proceedings; 10 11 WHEREAS, all actions taken by A-I Alloys pursuant to this Consent Decree shall be made in compliance with all applicable federal and state laws and local rules and regulations. NOW THEREFORE IT IS HEREBY STIPULATED BETWEEN THE SETTLING 12 13 PARTIES AND ORDERED AND DECREED BY THE COURT AS FOLLOWS: 14 15 I. The Court has jurisdiction over the subject matter of this action pursuant to Section 505(a) of the Clean Water Act, 33 U.S.c. § 1365(a); 16 2. Venue is appropriate in the Southern District of California pursuant to Section 505(c)(l) 17 of the Clean Water Act, 33 U.S.C. § 1365(c)(I), because the A-I Alloys Facility is located within this 18 District; 19 3. 20 The Complaint states claims upon which relief may be granted pursuant to Section 505(a)(l) of the Clean Water Act, 33 U.S.C. § 1365(a)(l); 21 4. Plaintiff has standing to bring this action; 22 5. The Court shall retain jurisdiction over this matter for purposes of enforcing the terms of 23 this Consent Decree for the life of the Consent Decree, or as long thereafter as is necessary for the Court 24 to resolve any motion to enforce this Consent Decree. 25 I. 26 OBJECTIVES 6. It is the express purpose of the Settling Parties entering into this Consent Decree to 27 further the objectives set forth in the Clean Water Act, 33 U.S.C. §§ 1251, et seq., and to resolve those 28 issues alleged by Coastkeeper in its Complaint. In light of these objectives and as set forth fully below, Consent Decree 3 Civil Case No. 15-CV-OI267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 4 of 13 1 A-I Alloys agrees to comply with the provisions of this Consent Decree and to comply with the 2 requirements of the 2014 Storm Water Permit and all applicable provisions ofthe Clean Water Act. 3 Specifically, A-I Alloys agrees to comply with the requirements of the 2014 Storm Water Permit that 4 govern the closure of a facility and termination of a facility's coverage under the 2014 Permit. 5 II. 6 AGENCY REVIEW AND TERM OF CONSENT DECREE 7. Plaintiff shall submit this Consent Decree to the United States Department of Justice and 7 the EPA (collectively "Federal Agencies") within three (3) days of the final signature of the Settling 8 Parties for agency review consistent with 40 C.F.R. § 135.5. The agency review period expires forty-fiv, 9 (45) days after receipt by both agencies, as evidenced by written acknowledgement of receipt by the 10 agencies or the certified return receipts, copies of which shall be provided to A-I Alloys. In the event 11 that the Federal Agencies object to entry of this Consent Decree, the Settling Parties agree to meet and 12 confer to attempt to resolve the issue(s) raised by the Federal Agencies within a reasonable amount of 13 time. 14 The term "Effective Date" as used in this Consent Decree shall mean the day the Court 8. 15 II enters this Consent Decree. 16 9. This Consent Decree shall terminate following the final payment of funds required of A-I 17 Alloys, Inc. by this Consent Decree, unless there is a prior ongoing, unresolved dispute regarding A-I 18 Alloys' compliance with this Consent Decree. 19 III. 20 CLOSURE OF THE A-I ALLOYS FACILITY 10. Within ten (10) days of the Effective Date, the A-I Alloys Facility shall submit a notice 21 of termination of coverage under the 2014 Storm Water Permit ("NOT") to the Regional Board and the 22 State Board. The NOT shall meet all the requirements for a notice of termination set forth in the 2014 23 Storm Water Permit. A-I Alloys shall copy Plaintiff on the submission of the NOT. 24 II. A-I Alloys shall continue to comply with the terms ofthe 2014 Storm Water Permit until 25 the Regional Board or the State Board approves the A-I Alloys termination of coverage under the 2014 26 Storm Water Permit. 27 IV. 28 II Compliance Monitoring and Reporting 12. Site Inspections. Plaintiff shall be entitled to an inspection of the A-I Alloys Facility Consent Decree 4 Civil Case No. 15-CV-OI267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 5 of 13 1 within ten (10) days of A-I Alloys submission of its NOT to the Regional Board and State Board. The 2 site inspection shall occur between 9 a.m. and S p.m., Monday through Friday. Coastkeeper shall 3 provide A-I Alloys forty-eight (48) hours notice (weekends and holidays excluded) prior to the site 4 inspection. Notice shall be provided by telephone and electronic mail. 13. 5 6 During the site inspections, Coastkeeper may take photographs or video recording of the A-I Alloys Facility. If Coastkeeper takes any photographs and/or video recording, Coastkeeper shall 7 provide A-I Alloys with the photographs and/or video within fourteen (14) days after any written 8 request by A-I Alloys for such photographs and/or videos. 9 14. Compliance Monitoring and Oversight. A-I Alloys shall pay a total of One Thousand 10 Dollars ($1,000) to compensate Coastkeeper for costs and fees to be incurred for monitoring A-I Alloys' 11 compliance with this Consent Decree. Payment of the One Thousand Dollars ($1,000) shall be made 12 within five (S) days of the Effective Date payable to "San Diego Coastkeeper" and delivered U.S. MaiL IS. 13 A-I Alloys Document Provision. During the life of this Consent Decree, A-I Alloys shall 14 copy Coastkeeper on all documents related to storm water quality at the A-I Alloys Facility that are 15 submitted to the Regional Board, the State Board, and/or any state or local agency, county, or 16 municipality. Such reports and documents shall be provided to Coastkeeper on the date they are sent to 17 the agencies, counties, and/or municipalities. Any correspondence related to A-I Alloys' compliance 18 with the Storm Water Permit or storm water quality received by A-I Alloys from any regulatory agency, 19 state or local agency, county, or municipality shall be provided to Coastkeeper within ten (10) days of 20 receipt by A-I Alloys. 21 V. 22 23 Environmental Project, Reimbursement of Litigation Fees and Costs, and Stipulated Payments 16. Environmental Project. To remediate the alleged environmental harms resulting from 24 non-compliance with the Storm Water Permit alleged in the Complaint, A-I Alloys agrees to make a 25 payment totaling Twelve Thousand Dollars ($12,000) to Friends of Famosa Slough to fund 26 II environmental project activities that will reduce or mitigate the impacts of storm water pollution from 27 II industrial activities on the Southern California Bight and its tributaries. Payment shall be made 28 II according to the manner and on the schedule set forth in paragraph 19 below. Consent Decree S Civil Case No. IS-CV-OI267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 6 of 13 1 17. Reimbursement of Coastkeeper's Fees and Costs. A-I Alloys shall pay a total of Forty 2 Thousand Dollars ($40,000) plus 10% interest (as set forth in paragraph 19 below) to Coastkeeper to 3 reimburse Coastkeeper for its investigation fees and costs, expert/consultant fees and costs, and 4 reasonable attorneys' fees incurred as a result of investigating and preparing the lawsuit and negotiating 5 this Consent Decree. Payment shall be made according to the manner and on the schedule set forth in 6 paragraph 19 and 20 below. 7 18. Interest: In addition to the amounts required in paragraphs 16 and 17 above, A-I Alloys 8 shall interest at a rate of 10% per year until the balance owed to Plaintiff is paid. Interest accrued shall 9 be added to the total balance due to Plaintiff on the day after the due date of each monthly payment 10 11 described below in paragraph 19. 19. Manner and Schedule of Payments: A-I Alloys shall pay the Fifty Two Thousand Dollars 12 required by paragraphs 16 and 17 above as follows: An initial payment of Fifteen Thousand Dollars 13 ($15,000) payable to "Lawyers for Clean Water Attorney Client Trust Account" shall be made within 14 five (5) days of the Effective Date and delivered by Certified u.S. Mail or overnight via Federal Express 15 to "Lawyers for Clean Water, 1004 O'Reilly Avenue, Suite A, San Francisco, California 94129". The 16 remaining Thirty Seven Thousand Dollars ($37,000) plus interest shall be paid in twenty seven monthly 17 payments of One Thousand Five Hundred Dollars ($1,500) and one fmal payment of Seven Hundred 18 and Eight Dollars ($708.00). These payments shall be due on the first of each month beginning after the 19 initial payment of Fifteen Thousand Dollars ($15,000) has been made. Each of these payments shall be 20 made payable to "Lawyers for Clean Water Attorney Client Trust Account" and delivered by Certified 21 U.S. Mail or overnight via Federal Express to "Lawyers for Clean Water, 1004 O'Reilly Avenue, Suite 22 A, San Francisco, California 94129". 23 20. Requirement to Pay Entire Outstanding Balance: If, at any time prior to the final payment 24 due under paragraphs 16, 17, 18, and 19, A-I Alloys, Inc. wishes to dissolve the corporation or change 25 the ownership structure of the corporation, the entire remaining balance due at that time shall be paid 26 prior to dissolution or change in ownership of the corporation. A-I Alloys, Inc. shall provide Plaintiff 27 with notice of any intent to dissolve the corporation or to change ownership of the corporation thirty 28 (30) days prior to such action. Consent Decree 6 Civil Case No. 15-CV-01267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 7 of 13 1 Stipulated Payment. A-I Alloys shall make a remediation payment of One Thousand 2 Dollars ($1,000) for each missed deadline included in this Consent Decree. Payments for a missed 3 deadline shall be made for the restoration and/or improvement of the watershed in the area affected 4 by A-I Alloys' alleged discharges and shall be awarded to the Friends of Famosa Slough. A-I Alloys 5 agree to make the stipulated payment within thirty (30) days of a missed deadline. The payments shall 6 be mailed via regular mail to the attention of Friends of Famosa Slough at PO Box 87280 San Diego, 7 CA 92138-7280. A-I Alloys shall provide Coastkeeper with a copy of each such payment at the time 8 it is made. 9 VI. 10 DISPUTE RESOLUTION 22. This Court shall retain jurisdiction over this matter until the final termination date 11 defined above for the purposes of implementing and enforcing the terms and conditions of this 12 Consent Decree, and adjudicating all disputes among the Settling Parties that may arise under the 13 provisions of this Consent Decree. The Court shall have the power to enforce this Consent Decree 14 with all available legal and equitable remedies, including contempt. 15 23. Meet and Confer. A party to this Consent Decree shall invoke the dispute resolution 16 procedures of this Section by notifying all other Settling Parties in writing of the matter(s) in dispute. 17 The Settling Parties shall then meet and confer in good faith (either telephonically or in person) in an 18 attempt to resolve the dispute informally over a period often (l0) days from the date of the notice. 19 The Settling Parties may elect to extend this time in an effort to resolve the dispute without court 20 intervention. 21 24. lfthe Settling Parties cannot resolve a dispute by the end of meet and confer informal 22 negotiations, the party initiating the dispute resolution provision may invoke formal dispute 23 resolution by filing a motion before the United States District Court for the Southern District of 24 California. The Settling Parties agree to request an expedited hearing schedule on the motion if 25 requested by any Settling Party. 26 , 21. 25. Enforcement Fees and Costs. Litigation costs and fees incurred in conducting a meet 27 and confer session(s) or otherwise addressing and/or resolving any dispute, including an alleged 28 breach of this Consent Decree, shall be awarded in accordance with the standard established by Consent Decree 7 Civil Case No. 15-CV-01267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 8 of 13 1 Section 505 of the Clean Water Act, 33 U.S.C. §§ l365 and l3l9, and case law interpreting that 2 standard. 3 VII. 4 , MUTUAL RELEASE OF LIABILITY AND COVENANT NOT TO SUE 26. Coastkeeper's Release. Upon the Effective Date of this Consent Decree, Coastkeeper, 5 on its own behalf and on behalf of its current and former officers, directors, employees, and each of 6 their successors and assigns, and its agents, attorneys, and other representatives releases all persons 7 including, without limitation, A-I Alloys (and each of their direct and indirect parent and subsidiary 8 companies and affiliates, and their respective current and former officers, directors, members, 9 employees, shareholders, and each of their predecessors, successors, and assigns, and each of their 10 agents, attorneys, consultants, and other representatives) from and waives all claims alleged in the 11 Notice Letter and/or Complaint up to the termination of this Consent Decree. 12 27. A-I Alloys' Release. Upon the Effective Date of this Consent Decree, A-I Alloys, on 13 its own behalf and on behalf of its current and former officers, directors, employees, members, and 14 each of their successors and assigns, and their agents, attorneys, and other representatives releases 15 Coastkeeper (and its current and former officers, directors, employees, members, parents, 16 subsidiaries, and affiliates, and each of their successors and assigns, and its agents, attorneys, and 17 other representatives) from and waives all claims which arise from or pertain to this action, including 18 all claims for fees (including fees of attorneys, experts, and others), costs, expenses, or any other sum 19 incurred or claimed for matters related to Coastkeeper's Notice Letter and Complaint up to the 20 termination of this Consent Decree by the Court. 21 28. Nothing in this Consent Decree limits or otherwise affects either Party's right to 22 address or take any position that it deems necessary or appropriate in any formal or informal 23 proceeding before the State Board, Regional Board, EPA, or any other administrative body on any 24 other matter relating to A-I Alloys' compliance with the Storm Water Permit or the Clean Water Act 25 occurring or arising after the Effective Date of this Consent Decree. 26 VIII. 27 28 MISCELLANEOUS PROVISIONS 29. No Admission of Liability. Neither this Consent Decree, the implementation of additional BMPs, nor any payment pursuant to the Consent Decree shall constitute or be construed as Consent Decree 8 Civil Case No. l5-CV-01267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 9 of 13 1 a finding, adjudication, admission, or acknowledgment of any fact, law, or liability, nor shall it be 2 construed as an admission of violation of any law, rule, or regulation. A-I Alloys maintains and 3 reserves all defenses they may have to any alleged violations that may be raised in the future. 4 , 30. Construction. The language in all parts of this Consent Decree shall be construed 5 according to its plain and ordinary meaning, except as to those terms defined in the Storm Water 6 Permit, the Clean Water Act, or specifically herein. 7 31. Choice of Law. The laws of the United States shall govern this Consent Decree. 8 32. Severability. In the event that any provision, paragraph, section, or sentence of this 9 10 11 Consent Decree is held by a court to be unenforceable, the validity of the enforceable provisions shall not be adversely affected. 33. Correspondence. Unless specifically provided for in this Consent Decree, all notices 12 required herein or any other correspondence pertaining to this Consent Decree shall be sent by U.S. 13 mail or electronic mail as follows: 14 If to Plaintiff: 15 Matt O'Malley Legal & Policy Director 2825 Dewey Rd., #200 San Diego, CA 92106 16 17 18 19 20 If to A-I Alloys: Jerry Williams President 3330 Beyer Blvd. Suite F San Diego, CA 92173 21 22 23 24 25 With Copy to: Opper & Varco LLP Att: S. Wayoe Rosenbaum, Esq. 225 Broadway, Suite 1900 San Diego, CA 92101 34. Notifications of communications shall be deemed submitted three (3) business days 26 after having been sent via U.S. mail or the day of sending notification or communication by 27 electronic mail. Any change of address or addresses shall be communicated in the manner described 28 above for giving notices. Consent Decree 9 Civil Case No. 15-CV-OI267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 10 of 13 , 1 Effect of Consent Decree. Except as provided herein, Coastkeeper does not, by its 2 consent to this Consent Decree, warrant or aver in any manner that A-I Alloys' compliance with this 3 Consent Decree will constitute or result in compliance with any federal or state law or regulation. 4 Nothing in this Consent Decree shall be construed to affect or limit in any way the obligation of A-I 5 Alloys to comply with all federal, state, and local laws and regulations governing any activity 6 required by this Consent Decree. 7 , 35. 36. Counterparts. This Consent Decree may be executed in any number of counterparts, all 8 of which together shall constitute one original document. Telecopy, email of a .pdf signature, andlor 9 facsimile copies of original signature shall be deemed to be originally executed counterparts of this 10 Consent Decree. 11 37. Modification of the Consent Decree. This Consent Decree, and any provisions herein, 12 may not be changed, waived, discharged, or terminated unless by a written instrument, signed by the 13 Settling Parties. If any Settling Party wishes to modify any provision of this Consent Decree, the 14 Settling Party must notify the other Settling Party in writing at least twenty-one (21) days prior to 15 taking any step to implement the proposed change. 16 17 18 38. Full Settlement. This Consent Decree constitutes a full and final settlement of this matter. 39. Integration Clause. This is an integrated Consent Decree. This Consent Decree is 19 intended to be a full and complete statement of the terms of the agreement between the Settling 20 Parties and expressly supersedes any and all prior oral or written agreements, covenants, 21 representations, and warranties (express or implied) concerning the subject matter of this Consent 22 Decree. 23 40. Authority. The undersigned representatives for Plaintiff and A-I Alloys each certify 24 that he/she is fully authorized by the party whom he/she represents to enter into the terms and 25 conditions of this Consent Decree. 26 41. The Settling Parties certify that their undersigned representatives are fully authorized 27 to enter into this Consent Decree, to execute it on behalf of the Settling Parties, and to legally bind the 28 Settling Parties to its terms. Consent Decree 10 Civil Case No. 15-CV-OI267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 11 of 13 , I 42. The Settling Parlies, including any successors or lIssigns, agree to be bound by tbis 2 Consent Decree and not to contest its validity in any subsequent proceeding to ilUplement or enforce 3 its terJlls. 4 IN WITNESS WHEREOF, the undersigned have executed tbis Consent Decree as oflhe 5 date first set fOl1h below. 6 7 APPROVED AS TO CONTENT 8 9 Dated: I'YM!,6 .'-- Br.:~ Travis Pritchard Interim Executive Director San Diego Coastkcepcr 10 tl , 12 [3 14 Dated: _ _ _ __ By:_~~~~ APPROVED AS TO FORM 15 16 Dated: 17.-/lt/r-__ By:J 18 19 Dated: _ _ _ _ _ _. 21 22 7/i= Drcvet HUlIt Lawyers for Clean WaleI', Inc. Counsel for Plaintiff 17 20 _ _ ___ Jerry Williams A-I AllOys, Inc. By: - - - ; - - - - ; 0 - - ; - - - - S. Wayne Rosenbaum Ojlpel' & Varco, LLP Attomey for A-I Alloys 23 IT IS SO ORDERED. 24 25 1\ Date: HOllomblc Jcf/i'cy T. Miller United States Distl'ic( COUlt Judge Southern District of Colifol'nia 26 , 27 28 II Consent Decree II Civil Case No. 15-CV-OI267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 12 of 13 1 42. The Settling Parties, including any successors or assigns, agree to be bound by this 2 Consent Decree and not to contest its validity in any subsequent proceeding to implement or enforce , 3 its terms. 4 IN WITNESS WHEREOF, the undersigned have executed this Consent Decree as of the 5 date first set forth below. 6 7 "APPROVED AS TO CONTENT 8 9 Dated: II By: Travis Pritchard Interim Executive Director San Diego Coastkeeper 1011 11 12 II Dated: By: Jerry Williams A-I Alloys, Inc. 13 11 14 .. APPROVED AS TO FORM 15 , 16 II Dated: 17 II By: DrevetHunt 18 19 20 II Dated: By: S. Wayne Rosellbaum Opper & Varco, LLP Attorney for A-I Alloys 21 II 22 23 IT IS SO ORDERED. 24 25 "Date: 26 II , Honorable Jeffrey T. Miller United States District Court Judge Southern District of California 2711 28 ,,- Consent Decree 11 Civil Case No. IS-CV-OI267-JM-WVG Case 3:15-cv-01267-JM-WVG Document 10 Filed 02/18/16 Page 13 of 13 42. The Settling Parties, including any successors or assigns, agree to be bound by this 2 Consent Decree and not to contest its validity in any subsequent proceeding to implement or enforce 3 its terms. IN WITNESS WHEREOF, the tmdersigned have executed tbis Consent Decree as ofthe 4 S date first set forth below. 6 , 7 II APPROVED AS TO CONTENT 8 9 II Dated: ~: --~T~rn~v~i~s~P~ri~~7b-M~d~------ Interim Executive Director San Diego Coastl