United States District Court, W.D. Washington, Seattle
CONSENT DECREE [PROPOSED]
ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE
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.
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.
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.
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
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.
ORDER AND DECREE
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:
court has jurisdiction over the parties and subject matter of
signatory for the parties certifies for that party that he or
she is authorized to enter into the agreements set forth
Consent Decree applies to and binds the parties and their
successors and assigns.
Consent Decree applies to the operation, oversight, or both
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 ...