Terminal operator at Tacoma port settles lawsuit that alleged polluting of Puget Sound
Husky Terminal and Stevedoring LLC, one of the largest terminals in the Port of Tacoma, has settled a lawsuit brought by nonprofit Communities for a Healthy Bay that alleged the terminal polluted Puget Sound at levels that exceeded requirements of its general permits.
Husky Terminal and Stevedoring, LLC moves thousands of shipping containers by sea, rail and road through Tacoma every day, according to its website. Communities for a Healthy Bay conducts regular patrols of the South Sound to monitor pollution. Members also conduct environmental research and advocate for environmental stewardship and clean water.
Last year Communities for a Healthy Bay alleged Husky Terminal and Stevedoring, LLC repeatedly violated the terms and conditions of its National Pollutant Discharge Elimination System permits (NPDES), which limit the discharge of pollutants from its facility into Commencement Bay, Blair Waterway and Sitcum Waterway. The nonprofit also alleged the terminal “failed to fulfill its monitoring, recordkeeping, reporting, public disclosure and planning requirements, among others, necessary for compliance with its NPDES permits,” making it more difficult for organizations to hold the terminal operator accountable.
Communities for a Healthy Bay told The News Tribune last year that resulted in poor water quality, which harms fish and people who use the waterways for recreation.
According to a stipulation agreement signed by a U.S. District judge with the Western District of Washington on Jan. 10, Husky Terminal and Stevedoring, LLC agreed to “fully comply” with the terms and conditions of NPDES permits and improve its stormwater-discharge monitoring and compliance efforts. The terminal also agreed to pay $150,000 to the Puyallup Tribe of Indians and $50,000 to the Rose Foundation for Communities and the Environment for environmental benefit projects, in addition to $100,845 to Communities for a Healthy Bay for litigation expenses.
As a result, all of Communities for a Healthy Bay’s claims were released and dismissed without prejudice. Husky Terminal and Stevedoring, LLC did not admit liability or adjudication regarding the allegations, according to the stipulation agreement.
“Husky Terminal and Stevedoring, LLC is pleased to have reached an amicable resolution with Communities for a Healthy Bay,” the terminal said in a statement through its lawyer Veronica Keithley. “While Husky’s facility has been, and continues to be, in compliance with the Industrial Stormwater General Permit, by working cooperatively with CHB to resolve the issues, Husky can continue to focus on providing quality service to its customers and carrying on the highest standards of environmental stewardship.”
In an interview with The News Tribune on Tuesday, Communities for a Healthy Bay executive director Melissa Malott said overall the nonprofit has been “really happy” with the litigation process and result.
“There’s times that we’ve done litigation and the other parties’ [were] really difficult to work with. And Husky, I think, was really good to work with. They were really receptive to our concerns. The negotiation went really smoothly. As part of the settlement, funds went to the Puyallup Tribe for a restoration project, and they were actually really happy about that,” Malott said. “It was really smooth. They’re a really great company. And it was also part of the settlement that we’ll be participating and commenting on some of their plans in the future.”
Malott said although Communities for a Healthy Bay and Husky Terminal and Stevedoring, LLC disagreed about the terminal’s compliance with NPDES, the nonprofit is confident Husky Terminal and Stevedoring, LLC is “taking care of the concerns.”
Communities for a Healthy Bay said it will continue monitoring pollution in Commencement Bay and the South Sound and hold companies accountable for violations, Malott said.
“Having cooperative litigation, I think, can be a really successful way to have us help support [companies] in identifying easy solutions and us seeing benefit from that as much as they do,” said communications director Ayla Janukajtis.
