May 1, 2020

Ms. Joanna Anderson

Office of the City Attorney
301 King Street, Room 1300
Alexandria, VA 22314

Re: 60 Day Notice of Intent to Sue (Supplement)

Ms. Anderson,

Thank you for confirming receipt of our original complaint on April 22, 2020. Since the 60 Day Notice of
Intent to Sue was submitted to your office, we have taken prompt action to clean-up some of the impacted
areas, and also added to our discovery. We have completed clean-up efforts at Hunting Creek (Phase 1
of 3) and successfully filled 110 trash bags, and another 100 bags are anticipated at this small site.

Collecting around 200 trash bags is in no way considered “normal” conditions and is a clear indication that
the City of Alexandria neglects to address point source and nonpoint source pollution and respond
accordingly. Through these efforts, we were able to determine several concerns and document the issue
in immense detail.

During our clean-up efforts at Hunting Creek on the Alexandria side, we requested that the City assist
with picking-up a very long piece of rebar. Alexandria 311 closed the case and advised this was in Fairfax
County. An email of concern was sent to Mayor Justin Wilson with an accompanying map. Furthermore,
we reported a storm drain pipe that contains plastic bottles and litter and is dismantled in several areas.
Superintendent Clayton responded to inspect and questioned who owned this discharge pipe (VDOT,
Private Property, or the City?). He also explained that the Styrofoam and litter we were picking up would
be noted in his report, but he indicated that this is not a priority to the City. He stated that staff are well
aware of the issue, but staffing does not allow for proper response. It was later determined that this area
is owned by The Thornton Apartments, and we would need them to address the pipe that is flushing litter
into the creek, the estimated 200 bags of litter, and the rebar.

After investigating local waterways and upstream, we were able to determine the source! This is coming
from the City of Alexandria Recycling Center off of Eisenhower Avenue. Not only is litter scattered on the
ground at this location, but the fence surrounding it is dismantled with holes in several areas, allowing
multitudes of litter to blow down the hill into Cameron / Holmes Run (supporting photos attached), flowing
into the Potomac River. The litter found at Hunting Creek distinctly aligns with the litter seen at the
recycling center - plastic bottles, cans, bags, and improperly-recycled Styrofoam. Judging by the amount
of litter downstream at Hunting Creek, this has most likely been an issue for years. It should be noted that
the waterways upstream before the Recycling Center are mostly clear of litter, and this validates our
findings. We have located additional provisions within the Clean Water Act as well as the Resource
Conservation and Recovery Act that the City of Alexandria is in clear violation of.

Clean-up efforts at Hunting Creek may be found at ​www.youtube.com/watch?v=-c4BM9O6CTc​ and

supporting evidence regarding the recycling center can be found attached and the full video (a must see)
at ​www.youtube.com/watch?v=n-ZTNLOeuJc​.
As you know, the media and citizens are understandably becoming concerned as the issue gains
attention as well.

More directly, we feel confident with proceeding to the courtroom with solid CWA and RCRA violations,
but we will allow your division to determine the next step. Where we are confident in our next steps in
advocating for our environment, we understand that our requests have been beyond fair. We are just
trying to protect our environment.

We are solution-focused and looking to work together on a reasonable solution and settlement. Please let
us know how your office would like to proceed.

Respectfully,

___________________________________
Caleb Merendino

___________________________________
Benjamin Swanson