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Puget Soundkeeper Alliance v. Steeler, Inc.

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

September 6, 2017

PUGET SOUNDKEEPER ALLIANCE, Plaintiff,
v.
STEELER, INC. Defendant

          JOYCE ZIKER PARKINSON, PLLC Stephen R Parkinson, Attorneys for Defendant Steeler, Inc.

          SMTIH & LOWNEY PLLC Richard A. Smith, Attorneys for Plaintiff Puget Soundkeeper Alliance

          AMENDED CONSENT DECREE [ PROPOSED]

          HON. ROBERT S. LASNIK, UNITED STATES DISTRICT JUDGE.

         I. STIPULATIONS

         Plaintiff 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.

         Soundkeeper 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.

         Under 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.

         Steeler 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.

         Steeler 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.

         Soundkeeper 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.

         II. ORDER AND DECREE

         THIS 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 forth below.
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 ("NPDES permit").
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 and unknown,

         II. ...


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