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Puget Soundkeeper Alliance v. Samson Tug and Barge Co. Inc.

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

March 21, 2018

PUGET SOUNDKEEPER ALLIANCE, Plaintiff,
v.
SAMSON TUG AND BARGE CO. INC., Defendants. AND PUGET SOUNDKEEPER ALLIANCE, Plaintiff,
v.
SAMSON TUG AND BARGE CO. INC., DUWAMKH MARINE CENTER, JAMES D. AND JACQUELINE H. GILMUR LIVING TRUST, and DUWAMISH METAL FAB, INC. Defendants.

          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 Defendants Samson Tug & Barge Co. Inc and to property owners on January 22, 2016,, alleging violations of the Clean Water Act, 33 U.S.C. § 1251 et seq., relating to discharges of storm water from the "First Ave Facility" located on the east bank of the Lower Duwamish River and seeking declaratory and injunctive relief, civil penalties and attorneys' fees and costs. Soundkeeper then filed the initial complaint for Case No. C16-00445RSL on March 29, 2016. On June 8, 2016, Soundkeeper sent a revised notice letter adding defendant Duwamish Marine Center and filed an amended complaint on October 21, 2016. On December 6, 2016, Soundkeeper sent its third notice letter adding certain claims and explicitly adding Duwamish Metal Fab, Inc. and Soundkeeper filed its second amended complaint on March 21, 2017.

         Soundkeeper also sent a sixty-day notice of intent to Samson Tug & Barge Co. Inc. alleging violations of the Clean Water Act, 33 U.S.C. § 1251 et seq., relating to discharges of storrnwater from its container storage facility located at or about 7553 Detroit Ave SW, Seattle WA 98108. This facility is referred to as Samson's "Detroit Ave" facility. Storrnwater runoff from the Detroit Ave facility also eventually flows, into the Duwamish River. Soundkeeper sent the notice letter to Samson regarding it Detroit Ave facility on June 3, 2016, then filed its complaint on August 11, 2016 opening Case No. C16-1270RSL.

         Soundkeeper and Defendants agree that settlement of these matters is in the best interests of the parties and the public, and that entry of this Consent Decree is the most appropriate means of resolving this action.

         Soundkeeper and Defendants stipulate to the entry of this Consent Decree without trial, adjudication, or admission of additional issues of fact or law regarding Soundkeeper's claims or allegations set forth in its complaint and its sixty-day notice.

         The parties enter into this Consent Decree in recognition that the Defendants had made significant site improvements, including the installation of active treatment at both sites.

         II. ORDER AND DECREE

         THIS MATTER came before the Court upon the Parties' Joint Motion for Entry of Consent Decree and 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 Consent Decree applies to and binds the parties and their successors and assigns.

         4. This Consent Decree applies to the operation, oversight, or both by Defendants.

         5. This Consent Decree is a full and complete settlement and release of the claims in the Complaints and all other claims known and unknown existing as of the date of entry of this Consent Decree, that could be ...


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