Puget Soundkeeper Alliance v. Steeler, Inc
Filing
26
AMENDED CONSENT DECREE re Defendant's 22 Motion to Amend Consent Decree, signed by Judge Robert S. Lasnik. (SWT)
Case 2:14-cv-00729-RSL Document 22 Filed 06/09/17 Page 1 of 10
HONORABLE ROBERT S. LASNIK.
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
8
9
10
11
PUGET SOUND KEEPER ALLIANCE,
Plaintiff,
12
V.
13
14
15
STEELER, INC.
Defendant.
)
)
)
)
)
)
)
)
)
)
No. 2:14-cv-00729-RSL
AMENDED CONSENT DECREE
EPROPOSBB]
16
I.
17
18
STIPULATIONS
Plaintiff Puget Soundkeeper Alliance ("Soundkeeper") sent a sixty-day notice of intent to
19
sue letter to Defendant Steeler, Inc. ("Steeler") on or about March 14, 2014, and filed a complaint
20
on May 15, 2014, alleging violations of the Clean Water Act, 33 U.S.C. § 1251 et seq., relating to
21
discharges of stormwater from Steeler' s facility in Seattle, Washington, and seeking declaratory
22
and injunctive relief, civil penalties and attorneys' fees and costs.
23
24
25
26
Soundkeeper and Steeler agreed that settlement of this matter was in the best interest of
the parties and the public, and entered a Consent Decree on July 19, 2016.
Under section IL 7(d) of the Consent Decree, Steeler was to complete construction and full
implementation of the Best Management Practices called for in the Compliance Plan by
AMENDED CONSENT DECREE [PROPOSED]
No. 14-729-RSL
p. I
023 002 nf093s03wd
Smith & Lowney, p.Ll.c.
2317 East John St
Seattle, Washington 98112
(206) 860-2883
Case 2:14-cv-00729-RSL Document 22 Filed 06/09/17 Page 2 of 10
1
September 30, 2016. Due to a variety of factors, a different treatment system was selected and
2
the completion date was delayed. Puget Soundkeeper Alliance and Steeler have since conferred
3
and believe that this Amended Consent Decree is the most appropriate means of resolving all
4
issues and disputes associated with this delay.
5
Steeler paid $20,000 to the Rose Foundation as required by Consent Decree section 8.
6
Steeler paid $45,000 to Smith & Lowney PLLC as required by Consent Decree section 9.
7
Steeler contracted with Lean Environment to prepare a Storrnwater Engineering Report
8
dates August 29, 2016 (hereinafter "Lean Engineering Report") describing installation of an
9
Enpurion MT storrnwater treatment system. Washington Department of Ecology (Ecology)
10
approved the Lean Engineering Report on September 7, 2016. Soundkeeper' s expert Bill Lider,
11
Lider Engineering PLLC, reviewe.d and provided connnent on the report on October 26, 2016.
12
Steeler's consultant Michael Johnson, Lean Environment, responded to Soundkeeper's comments
13
on the report on November 3, 2017. Steeler completed installation of the Enpurion MT
14
storrnwater treatment system on November 18, 2016. A copy of the Lean Engineering Report is
15
attached to this Amended Consent Decree as Appendix 1.
16
Soundkeeper and Steel er stipulate to the entry of this Amended Consent Decree without
17
trial, adjudication, or admission of any issues of fact or law regarding Puget Soundkeeper
18
Alliance's claims or allegations set forth in its complaint and its sixty-day notice.
19
DATED this 9th day of June, 2017.
20
21
22
23
24
25
26
AMENDED CONSENT DECREE [PROPOSED]
No. 14-729-RSL
p.2
023 002 nfU93s03wd
II
Smith & Lowney, p.U.c.
2317 East John St.
Seattle, Washington 98112
(206) 860-2883
Case 2:14-cv-00729-RSL Document 22 Filed 06/09/17 Page 3 of 10
I
JOYCE ZIKER PARKINSON, PLLC
SMTIH & LOWNEY PLLC
By 5/ Stephen R Parkinson
Stephen R Parkinson, WSBA #21111
Attorneys for Defendant Steeler, Inc.
By
STEELER, INC.
PUGET SOUND.KEEPER ALLIANCE
By
By~~~~~~~~~~~~~~~
! .
2
3
4
sl Richard A. Smith
Richard A Smith, WSBA #21788
Attorneys for Plaintiff Puget Soundkeeper
Alliance
5
~~)
6
7
8
Matt F. SuroWiech
President
Chris Wilke
Puget Soundkeeper Alliance, Executive
Director
9
10
11
II.
ORDER AND DECREE
THIS MATTER came before the Court upon the foregoing Stipulations of the parties.
12
Having considered the Stipulations and the promises set forth below, the Court hereby ORDERS,
13
14
ADJUDGES, and DECREES as follows:
This Court has jurisdiction over the parties and subject matter of this action.
15
16
l7
2.
enter into the agreements set forth below.
18
19
Each signatory for the parties certifies for that party that he or she is authorized to
This Amended Consent Decree applies to and binds the parties and their
successors and assigns.
20
4.
This Amended Consent Decree and any injunctive relief ordered Within will
21
22
apply to the operation, oversight, or both by Steeler of its facility located at or about 1002
23
Martin Luther King Jr. Way S., Seattle, WA 98178 ("Facility"), which is subject to National
24
Pollutant Discharge Elimination System Permit No. W AR125358 ("NPDES pennit").
25
26
5.
This Amended Consent Decree is a full and complete settlement and release of all
tbe claims in the complaint, the sixty-day notice and all other claims known and unknown,
AMENDED CONSENT DECREE [PROPOSED]
No. 14,729-RSL
p. 3
Smith & Lowney, p.l.1.c.
2317 East Jobn-St.
Seattle, Washington 98112
(206) 860-2883
Case 2:14-cv-00729-RSL Document 22 Filed 06/09/17 Page 4of10
fl
Ii
I·
I
II
!1
i!
I
1
SMITH & LOWNEY PLLC
I/ JOYCE ZIKER p AR.KINSON, PLLC
2 II
11 By s/ Stephen R Parkinson ·
Stephen R. Parkinson, WSBA #21 11 l
Attorneys for Defendant Steeler, Inc.
4
I
3
5
By sl Richard A. Smith
Richard A. Smith, WSBA #21788
Attorneys for Plaintiff Puget Soundkeeper
Alliance
PUGET ~O~~R A.LLIANCE
STEELER, INC.
6
By_~--------- By i~kt_l /1-j ___
7
Matt F. Surowiecki
Cfiris Wilke
President
8
Puget Soundkeeper Alliance, Executive
Director
9
10
II.
11
ORDER AND DECREE
THIS MAITER came before the Court upon the foregoing Stipulations of the parties.
12
Having considered the Stipulations and the promises set forth below, the Court hereby ORDERS,
13
; ADJCDGES, and DECREES as follows:
11
15
I
L
2.
16
This Court has jurisdiction over the parties and subject matter of this action.
Each signatory for· the parties certifies for that party that he or she is authorized to
enter into the agreen1ents set forth below.
l7
18
3.
19
This Amended Consent Decree applies to and binds the parties and their
successors and assigns.
20
21
4.
I
· This Amended Consent Decree and any injunctive relief ordered within will
22
I
23
I, Martin Luther King Jr. Way S., Seattle, WA 98178 ("Facility"), which is subject to National
apply to the operation, oversight, or both by Steel er of its facility located at or about 1002
I
i
24 i) Pollutant Discharge Elimination System Permit No. WAR125358 ("NPDES permit").
25
ii
26
5.
This Amended Consent Decree is a full and complete settlement and release of all
the claims in the complaint, the sixty-day notice and all other claims known and unknown,
I
i
A..M:ENDED CONSENT DECREE [PROPOSED]
,i No. 14-729-RSL
I p. 3
I,
Smith & Lowney, pJJ.c.
2317 East John St.
Seattle, Washington 98112
(206) 86-0-2883
Case 2:14-cv-00729-RSL Document 22 Filed 06/09/17 Page 5 of 10
1
contingent or otherwise, for any acts or omissions, existing as of the date of entry of this
2
Amended Consent Decree, that could be asserted under the Clean Water Act, 33 U.S.C. §§ 1251-
3
1387, arising from operations of the Facility against Steeler, its subsidiaries, employees, agents,
4
successors and assigns. These claims are released and dismissed with prejudice.
5
6.
7
8
This Amended Consent Decree is a settlement of disputed facts and law.
7.
6
Steeler agrees to the following terms and conditions in full and complete
satisfaction of all the claims covered by this Amended Consent Decree:
9
a.
10
Steder will comply fully with all conditions of its NPDES Permit and any
successor, modified, or replacement permit authorizing discharges of stormwater
11
associated with industrial activity from the Facility;
12
b.
No later than July 1, 2017, Steeler will have its consultant update its
13
stormwater pollution prevention plan ("SWPPP") to meet the requirements of the 2015
14
ISGP, correct the deficiencies, and incorporate the requirements of the Lean Engineering
15
Report and provide Soundkeeper with an electronic copy of the updated SWPPP;
16
17
c.
18
No later than July 1, 2017, Steeler will have its consultant revise its
Operation & Maintenance (O&M) Manual to accurately reflect the new treatment system
19
and all associated Best Management Practices (BMPs) and required ongoing maintenance
20
and provide Soundkeeper with an electronic copy of the revised O&M Manual.·
21
d.
22
Steeler will continue to monitor its stormwater discharges from its outfal~
23
and conduct process sampling inside the system to evaluate the efficacy of the various
24
treatment layers, at least once per month through Dec.ember 31, 2017, subject to a
25
stormwater discharge event occurring during the month, to determine whether the Lean
26
Engineering Report improvements eliminate exceedances of the benchmarks. For the
AMENDED CONSENT DECREE [PROPOSED]
No. 14-729-RSL
p.4
023 002 nf093s03wd
II
Smith & Lowney, p.1.1.c.
2317 East John St.
Seattle, Washington 98112
(206) 860-2883
Case 2:14-cv-00729-RSL Document 22 Filed 06/09/17 Page 6 of 10
1
purposes of this subparagraph, a valid sample is one taken within the first 12 hours of a
2
stormwater discharge event and that is representative of the discharge, and otherwise taken
3
and analyzed in conformity with the requirements ofNPDES permit condition S4. For the
4
purposes of this subparagraph, Steel er may average monitoring results of multiple valid
5
samples that are taken within the same month. Steeler must provide all sampling data to
6
Soundkeeper no later than the 15th day of the month following each sample.
7
e.
8
Steeler agrees to waive ISGP condition S8.D5(e), and not to request an
9
extension or waiver pursuant to ISGP condition S8.D5(c). If Steeler exceeds three
10
benchmarks in 2017, Steeler agrees that such failures will trigger the requirement to
11
engineer and install additional treatment best management practices (BMPs) with the goal
12
of achieving the applicable benchmark values. In accordance with ISGP condition
13
S8.D.3(b), Steeler must submit an engineering report detailing the new treatment BMPs no
14
15
later than May 15, 2018. In accordance with ISGP condition S8.D5, Steeler must install
16
and implement the new treatment BMPs no later than September 30, 2018;
17
f.
18
Steeler will allow Soundkeeper and its expert(s) to inspect the facility at a
mutually agreeable time to observe Steeler' s implementation of this Consent Decree,
19
including compliance with the new SWPPP, O&M Manual, BMPs, and the NPDES
20
permits, subject to an access agreement mutually agreed upon by the Parties. Steeler will
21
pay for the reasonable costs of Soundkeeper's expert(s) for this inspection, not to exceed
22
$2,000, within fourteen (14) days of receipt of Soundkeeper' s expert's invoice.
23
g.
24
25
For a period of three (3) years commencing on the effective date of this
Amended Consent Decree, Steeler will, no later than the discharge monitoring report due
26
dates specified by the Permit, send to Soundkeeper, without charge, copies of all
AMENDED CONSENT DECREE [PROPOSED]
No. 14-729-RSL
p.5
023 002 nf093s03wd
Smith & Lowney, p.l.l.c.
2317 East John St.
Seattle, Washington 98112
(206) 860-2883
Case 2:14-cv-00729-RSL Document 22
Filed 06/09/17
Page 7of10
1
documents, including but not limited to discharge monitoring reports, correspondence,
2
engineering reports, electronically transmitted information, and inspection reports,
3
concerning the Permit or any successor, modified, or replacement permit that Steeler has ·
4
transmitted to, or received from the Washington Department of Ecology since the previous
5
submission to Sound.keeper under this paragraph.
6
8.
7
Not later than seven (7) days after the entry of this Amended Consent Decree by
8
this Court, Steeler will pay twenty five hundred dollars ($2,500) to the Rose Foundation for the
9
Environment for a project or projects to improve or protect the water quality of Puget Sound as
10
11
described in Appendix II to this Consent Decree. Checks will be made to the order of and
delivered to: Rose Foundation for the Environment, 1970 Broadway, Suite 600, Oakland, CA
12
94612-2218. Payment will include the following reference in a cover letter or on the check:
13
14
15
"Amended Consent Decree, Puget Sound.keeper Alliance v. Steeler, Inc." A copy of the check
and cover letter, if any, will be sent simultaneously to Sound.keeper and its counsel.
9.
16
Within seven (7) days of entry of this Amended Consent Decree by the Court,
17
Steeler shall pay Soundkeeper' s actual litigation fees, expenses, and costs (including
18
reasonable attorney and expert witness fees) incurred in this matter in the amount of four
19
thousand five hundred dollars ($4,500) by check payable and mailed to Smith & Lowney,
20
PLLC, 2317 East John St., Seattle, WA 98112, attn: Richard A. Smith. Steeler's payment
21
22
shall be in full and complete satisfaction of any claims Sound.keeper has or may have, either
23
legal or equitable, and of any kind or nature whatsoever, for fees, expenses, and costs incurred
24
in the resolution of the consent decree dispute issues arising prior to the date of the proposed
25
Amended Consent Decree.
26
10.
This Court retains jurisdiction over this matter. And, while this Amended Consent
AMENDED CONSENT DECREE [PROPOSED]
No. 14-729-RSL
p.6
023 002 nf093s03wd
Smith & Lowney, p.1.1.c.
2317 East John St.
Seattle, Washington 98112
(206) 860-2883
Case 2:14-cv-00729-RSL Document 22
Filed 06/09/17 Page 8 of 10
1
Decree remains in force, this case may be reopened without filing fee so that the parties may
2
apply to the Court for any further order that may be necessary to enforce compliance with this
3
4
decree or to resolve any dispute regarding the terms or conditions of this Amended Consent
Decree. In the event of a dispute regarding implementation of, or compliance with, this Amended
5
6
7
Consent Decree, the parties must first attempt to resolve the dispute by meeting to discuss the
dispute and any suggested measures for resolving the dispute as provided in section II.17 of this
8
Amended Consent Decree. The provisions of section 505(d) of the Clean Water Act, 33 U.S.C. §
9
1365(d), regarding awards of costs of litigation (including reasonable attorney and expert witness
10
fees) to any prevailing or substantially prevailing party, will apply to any proceedings seeking to
11
enforce the terms and conditions of this Amended Consent Decree.
12
11.
The parties recognize that, pursuant to 33 U.S.C. § 1365(c)(3), no consent
13
14
judgment can be entered in a Clean Water Act suit in which the United States is not a party prior
15
to 45 days following the receipt of a copy of the proposed consent judgment by the U.S. Attorney
16
General and the Administrator of the U.S. Environmental Protection Agency (EPA). Therefore,
17
upon the filing of this Amended Consent Decree by the parties, Soundkeeperwill serve copies of
18
it upon the Administrator of the EPA and the Attorney General, with copy to Steeler.
19
12.
This Amended Consent Decree will take effect upon entry by this Court. It
20
terminates three (3) years after that date, or 90 days after the parties' completion of all obligations
21
22
imposed by this Amended Consent Decree, whichever is later.
23
13.
Both parties have participated in drafting this Amended Consent Decree.
24
14.
This Amended Consent Decree may be modified only upon the approval of the
15.
If for any reason the court should decline to approve this Amended Consent
25
26
Court.
AMENDED CONSENT DECREE [PROPOSED]
No. 14-729-RSL
p. 7
023 002 nf093s03wd
Smith & Lowney, p.1.1.c.
2317 East John St
Seattle, Washington 98112
(206) 860-2883
Case 2:14-cv-00729-RSL Document 22 Filed 06/09/17
Page 9of10
1
Decree in the form presented, this Amended Consent Decree is voidable at the discretion of either
2
party. The parties agree to continue negotiations in good faith in an attempt to cure any objection
3
raised by the court to entry of this Amended Consent Decree.
4
16.
Notifications required by this Amended Consent Decree must be in writing. The
5
6
7
sending party may use any of the following methods of delivery: (1) personal delivery; (2)
registered or certified mail, in each case return receipt requested and postage prepaid; (3) a
8
nationally recognized overnight courier, with all fees prepaid; or ( 4) e-mail. For a notice or other
9
communication regarding this decree to be valid, it must be delivered to the receiving party at the
10
one or more addresses listed below or to any other address designated by the receiving party in a
11
notice in accordance with this paragraph 17.
12
13
14
15
16
if to Puget Soundkeeper Alliance:
Katelyn Kinn
130 Nickerson Street, Suite 107
Seattle, WA 98109
email: katelyn@pugetsoundkeeper.org
17
18
19
20
21
22
and to:
Richard Smith
Smith & Lowney PLLC
231 7 East John St.
Seattle, WA 98112
email: rasmithwa@igc.org
23
if to Steeler:
Mike Dollard
24
and to:
25
Stephen R. Parkinson
JOYCE ZIKER PARKINSON, PLLC
1601 Fifth Avenue, Suite 2040
26
AMENDED CONSENT DECREE [PROPOSED]
No. 14-729-RSL
p. 8
023 002 nf093S03wd
Smith & Lowney, pJ.1.c.
2317 East John St.
Seattle, Washington 98112
(206) 860-2883
Case 2:14-cv-00729-RSL Document 22
1
2
3
4
·5
6
7
Filed 06/09/17 Page 10of10
Seattle, WA 98101
Email: sparkinson@jzplaw.com
A notice or other communication regarding this Amended Consent Decree will be
effective when received unless the notice or other communication is received after 5:00 p.m. on a
business day, or on a day that is not a business day, then the notice will be deemed received at
9:00 a,m. on the next business day. A notice or other communication will be deemed to have
been .received: (a) if it is delivered in person or sent by registered or certified mail or by nationally
8
recognized overnight courier, upon receipt as indicated by the date on the signed receipt; or (b) if
9
10
11
the receiving party rejects or otherwise refuses to accept it, or if it cannot be delivered because of
a change in address for which no notice was given, then upon that rejection, refusal, or inability to
12
deliver; or (c) for notice provided via e-mail, upon receipt of a response by the party providing
13
notice or other communication regarding this Amended Consent Decree.
14
15
DATED this
~ ~yof ~~.
, 2017.
16
17
HON. ROBERTS. LASNIK
UNITED STATES DISTRICT JUDGE
18
19
20
21
Presented by:
JOYCE ZIKER PARKINSON, PLLC
SMITH & LOWNEY, PLLC
By sl Stephen R. Parkinson
Stephen R. Parkinson, WSBA #21111
Attorneys for Defendant Steeler, Inc.
By s/ Richard A. Smith
Richard A. Smith WSBA #21788
Meredith A. Crafton WSBA #46558
Attorneys for Plaintiff
Puget Soundkeeper Alliance
22
23
24
25
26
AMENDED CONSENT DECREE [PROPOSED]
No. 14-729-RSL
p.9
023 002 nf093s03wd
Smith & Lowney, pJ.l.c.
2317 East John St.
Seattle, Washington 98112
(206) 860-2883
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?