Settlement reached in Hylebos Waterway stormwater pollution lawsuit
A company accused of violating industrial stormwater requirements on the Tacoma Tideflats has agreed to settle an environmental lawsuit.
The lawsuit brought by Puget Soundkeeper Alliance last year against Carlile Transportation had to do with stormwater the company discharges into the Hylebos Waterway.
“Despite repeatedly triggering permit requirements to make substantial onsite updates to ensure cleaner stormwater, Carlile delayed solutions for years,” the environmental nonprofit said in a news release. “The settlement requires (at long last!) installation of an advanced stormwater treatment system to filter and clean the runoff water before it reaches the Hylebos.”
Carlile Transportation will pay $325,000 to support other local environmental projects through another nonprofit called the Rose Foundation.
Additionally, the company will make updates to its stormwater plan and will pay Puget Soundkeeper Alliance’s legal costs.
A consent decree settling the lawsuit was filed Monday in U.S. District Court in Tacoma.
“Clean Water Act permit compliance is a critical piece of the equation for protecting Puget Sound,” Sean Dixon, Puget Soundkeeper’s executive director, said in the news release. “We are committed to holding these industrial facilities accountable for becoming better neighbors.”
The lawsuit alleged that the roughly 25-acre freight transfer terminal violated the Clean Water Act and its permits from the Department of Ecology.
“Soundkeeper’s members are reasonably concerned about the effects of discharges of pollutants, including stormwater from Carlile’s facility, on water quality and aquatic species and wildlife that Soundkeeper’s members observe, study, use, and enjoy,” the lawsuit said. “Soundkeeper’s members are further concerned about the effects of discharges from Carlile’s facility on human health.”
It sought daily penalties against the company for each violation, among other relief.
“Without the imposition of appropriate civil penalties and the issuance of an injunction, Carlile is likely to continue to violate the Permits and the CWA to the further injury of Soundkeeper, its members, and others,” the lawsuit said.
The company failed to meet water quality standards, use best management practices to control its water quality, take corrective actions, make a suitable stormwater pollution prevention plan, take or analyze quarterly samples, or meet visual monitoring requirements, the complaint alleged.
Part of a response the company filed to the lawsuit said corrective actions were in the works and hadn’t been completed.
