Suncoast Waterkeeper Issues Notice of Intent to Sue U.S. Recycling for Clean Water Act Violations

SARASOTA — On October 3, Suncoast Waterkeeper filed a formal Notice of Intent to Sue U.S. Recycling Company for ongoing violations of the federal Clean Water Act at its industrial facility located at 1310 Industrial Court, Sarasota, FL. The organization alleges that U.S. Recycling has unlawfully discharged polluted stormwater and other contaminants into Hog Creek and Sarasota Bay, critical waterways that are protected for recreation, wildlife, and shellfish harvesting.

The notice outlines numerous violations of the Clean Water Act and the National Pollution Discharge Elimination System (NPDES) permit issued by the Florida Department of Environmental Protection (FDEP). Among these violations are failure to develop and/or implement a proper Storm Water Pollution Prevention Plan (SWPPP), failure to monitor and report discharges as required by law, and the release of non-stormwater pollutants into nearby drainage channels.

“Protecting Sarasota Bay and its tributaries is at the heart of our mission,” said Dr. Abbey Tyrna, Executive Director of Suncoast Waterkeeper. “When industrial pollution threatens those waters and regulatory enforcement falls short, it’s our duty to act. This notice is about safeguarding the health of our community and the integrity of the Bay.”

Suncoast Waterkeeper’s legal notice marks the next phase in a years-long effort to hold U.S. Recycling accountable. Since 2020, residents of Sarasota’s Central Cocoanut neighborhood have raised concerns about hazardous concrete dust, intrusive noise, and after-hours operations at the recycling facility, which operates in the heart of the city.

“Often, there would be clouds of dust and almost deafening noise all hours of the day and night,” recalled Barbara Powell Harris, a Central Cocoanut resident.

Confronted by the daunting challenge of navigating complex environmental regulations and a maze of governmental agencies, the neighborhood turned in May 2025 to the Coalition of City Neighborhood Associations (CCNA) for assistance.

“CCNA has engaged with eleven separate local, state, and federal agencies in efforts to bring this facility into compliance with the law. While collaborative action between residents and government has yielded improvements, several issues—most notably, ongoing water pollution—have required specialized expertise,” stated Ronald Kashden, Chairman of the CCNA Air Quality Committee. “The skills and dedication brought by Suncoast Waterkeeper have provided an essential component to the ongoing effort to rein in this unregulated and hazardous operation.”

Sampling conducted by Suncoast Waterkeeper found elevated levels of pollutants such as aluminum, iron, total suspended solids (TSS), and chemical oxygen demand (COD) that exceeded federal guidelines for industrial facilities. These pollutants can harm fish and wildlife, degrade water quality, and pose risks to human health. According to research on similar concrete crushing plants in the U.S., it is likely that this operation is harming the Bay with pollutants beyond what the preliminary sampling from Suncoast Waterkeeper revealed.

Hog Creek, which receives runoff from the U.S. Recycling facility, is already listed by the State of Florida as an impaired water body. It ultimately flows into Sarasota Bay, designated as an Outstanding Florida Water for its exceptional ecological and recreational importance.

The Clean Water Act allows citizens and environmental organizations to enforce the law when regulatory agencies fail to do so. Suncoast Waterkeeper intends to file suit in federal court no sooner than 60 days after the notice date unless U.S. Recycling takes immediate and effective action to correct its violations.

“U.S. Recycling is just one of many industrial facilities in the region that fail to comply with regulations that are designed to protect the environment,” said Justin Bloom, Suncoast Waterkeeper founder and environmental attorney. “Actions like this are geared towards attaining compliance and ensuring accountability. Recycling concrete is an important activity in a growing community like ours, but it has to be done in a way that protects the environment and the community that relies on clean air and water.”