United States District Court, W.D. Washington, Seattle
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
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.
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.
Defendants answered and denied the allegations of plaintiff
Waste Action Project.
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.
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
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