United States District Court, W.D. Washington, Seattle
ZIKER PARKINSON, PLLC Stephen R Parkinson, Attorneys for
Defendant Steeler, Inc.
& LOWNEY PLLC Richard A. Smith, Attorneys for Plaintiff
Puget Soundkeeper Alliance
AMENDED CONSENT DECREE [
ROBERT S. LASNIK, UNITED STATES DISTRICT JUDGE.
Puget Soundkeeper Alliance ("Soundkeeper") sent a
sixty-day notice of intent to sue letter to Defendant
Steeler, Inc. ("Steeler") on or about March 14,
2014, and filed a complaint on May 15, 2014, alleging
violations of the Clean Water Act, 33 U.S.C. § 1251
et seq., relating to discharges of stormwater from
Steeler's facility in Seattle, Washington, and seeking
declaratory and injunctive relief, civil penalties and
attorneys' fees and costs.
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.
section 11.7(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
September 30, 2016. Due to a variety of factors, a different
treatment system was selected and the completion date was
delayed. Puget Soundkeeper Alliance and Steeler have since
conferred and believe that this Amended Consent Decree is the
most appropriate means of resolving all issues and disputes
associated with this delay.
paid $20, 000 to the Rose Foundation as required by Consent
Decree section 8. Steeler paid $45, 000 to Smith & Lowney
PLLC as required by Consent Decree section 9.
contracted with Lean Environment to prepare a Stormwater
Engineering Report dates August 29, 2016 (hereinafter
"Lean Engineering Report") describing installation
of an Enpurion MT stormwater treatment system. Washington
Department of Ecology (Ecology) approved the Lean Engineering
Report on September 7, 2016. Soundkeeper's expert Bill
Lider, Lider Engineering PLLC, reviewed and provided comment
on the report on October 26, 2016. Steeler's consultant
Michael Johnson, Lean Environment, responded to
Soundkeeper's comments on the report on November 3, 2017.
Steeler complete d installation of the Enpurion MT stormwater
treatment system on November 18, 2016. A copy of the Lean
Engineering Report is attached to this Amended Consent Decree
as Appendix 1.
and Steeler stipulate to the entry of this Amended Consent
Decree without trial, adjudication, or admission of any
issues of fact or law regarding Puget Soundkeeper
Alliance's claims or allegations set forth in its
complaint and its sixty-day notice.
ORDER AND DECREE
MATTER came before the Court upon the foregoing Stipulations
of the parties-Having considered the Stipulations and the
promises set forth below, the Court hereby ORDERS, ADJUDGES,
and DECREES as follows:
1." This Court has jurisdiction over the parties and
subject matter of this action.
2. Each signatory for the parties certifies for that party
that he or she is authorized to enter into the agreements set
3. This Amended Consent Decree applies to and binds the
parties and their successors and assigns.
4. This Amended Consent Decree and any injunctive relief
ordered within will apply to the operation, oversight, or
both by Steeler of its facility located at or about 1002
Martin Luther King Jr. Way S., Seattle, WA 98178
("Facility"), which is subject to National
Pollutant Discharge Elimination System Permit No, WAR12535S
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