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Project v. Buckley Recycle Center Inc.

United States District Court, W.D. Washington, Seattle

May 11, 2017

WASTE ACTION PROJECT, Plaintiff,
v.
BUCKLEY RECYCLE CENTER, INC., RONALD SHEAR, RONDA STERLEY, and JEFFREY SPENCER, Defendants.

          CONSENT DECREE

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.

         I. STIPULATIONS

         Plaintiff Waste Action Project sent sixty day notices of intent to sue to defendants Buckley Recycle Center Inc. and Ronald Shear, alleging violations of the Clean Water Act, 33 U.S.C. § 1251 et seq., relating to discharges of pollutants and fill material at Buckley Recycle Center, Inc.'s operations on the property of defendant Jeffrey Spencer in unincorporated King County near Auburn, Washington, and seeking declaratory and injunctive relief, civil penalties, and attorneys' fees and costs.

         Waste Action Project sent sixty day notices of intent to sue to Buckley Recycle Center Inc., Ronald Shear, Ronda Sterley, and Jeffrey Spencer, (“Defendants” collectively) alleging violations of the Resource Conservation and Recovery Act's open dumping prohibition, 42 U.SC. § 6945, relating to operations on the subject property, and seeking declaratory and injunctive relief, civil penalties, and attorneys' fees and costs.

         The Defendants answered and denied the allegations of plaintiff Waste Action Project.

         On December 7, 2016, the Court entered an order granting Waste Action Project's Third Motion to Enforce Settlement Agreement. On January 6, 2017, Buckley Recycle Center, Inc. (“BRC”), Ronald Shear, and Ronda Sterley (the “BRC Defendants”) appealed the Court's December 7, 2016 order to the United States Court of Appeals for the Ninth Circuit.

         BRC Defendants have closed on the acquisition of a new site for BRC's operations and have entered into a pre-application process with King County Department of Development and Environmental Services (“DDES”) for the necessary permits to construct and operate a replacement facility on the new site. The precise date DDES will issue BRC the final Occupancy Permit for BRC's new site is currently unknown and therefore referred to herein as the “Occupancy Date.” Waste Action Project and Defendants agree that settlement of these matters is in the best interest of the parties and the public, and that entry of this Consent Decree is the most appropriate means of resolving this action, including BRC Defendants' appeal to the Ninth Circuit Court of Appeals, without any admission of liability of the Defendants.

         Waste Action Project and Defendants stipulate to the entry of this Consent Decree without trial or adjudication of any issues of fact or law regarding Waste Action Project's claims or allegations set forth in its First Amended and Supplemental Complaint and its sixty-day notices.

Dated this 17th March __, 2017 Buckley Recycle Center, Inc. Ronda Sterley Title:
Dated this 10th of March, 2017 Waste Action Project, Greg Wingard Title: Executive Director
Dated this 17th March, 2017 Ronald Shear
Dated this 3/13/17, 2017 Estate of Jeffrey Spencer
Dated this ___, 2017 Ronda Sterley

         II. ...


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