Legal Support And Expert Testimony

Legal Support And Expert Testimony

CATEGORY OF SERVICE, LOCATION:

Expert Witness Legal Support Services, Santa Clara, California

TYPE OF CLIENT:

A Redi-Mix Concrete Company

BACKGROUND:

A Redi-Mix Concrete Company was cited for illegal discharge of “cement‑laden wash water” or “cementitious waste material” by the City of Santa Clara.  The case hinged on circumstantial observations and a single pH test of water in the gutter between the site of the supposed infraction and a storm drain.  The pH test consisted of using pH indicator paper calibrated in single-pH unit increments from 1 to 14.  A picture of the indicator paper provided by the City inspector suggested that the pH of water in the gutter at the time of the City inspection could have been between 8 and 9 pH units.

CLIENT GOALS FOR PROJECT:

Client requested Trinity to provide expert testimony regarding the pH test used to cite the concrete company for discharge of “cement-laden wash water” or “cementitious waste material”.

PROJECT APPROACH:

Trinity’s approach consisted of showing that the accuracy of the pH test utilized and the test procedure were not robust enough to determine whether the water tested by the City was unaffected tap water or water affected with cementitious waste material.

RESULTS, RESOLUTION, NEXT STEPS:

• Trinity provided expert witness testimony at the evidentiary hearing at the Santa Clara County Court.  The case was dismissed by the Court as the City’s citation for illegal discharge of cementitious waste material was not defensible.