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Puget Soundkeeper Alliance v. Alaskan Copper Co. Inc.

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

March 30, 2018

PUGET SOUNDKEEPER ALLIANCE, Plaintiff,
v.
ALASKAN COPPER COMPANIES, INC., d.b.a. ALASKAN COPPER WORKS, Defendant.

          CONSENT DECREE

          HON. ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE

         I. STIPULATIONS

         Plaintiff Puget Soundkeeper Alliance ("Soundkeeper") filed its lawsuit against Defendant Alaskan Copper Companies, Inc., d.b.a. Alaskan Copper Works ("ACW") on April 19, 2017, alleging violations of the Clean Water Act, 33 U.S.C. § 1251 et seq., relating to discharges of stormwater from ACW's Facility in Seattle, Washington and seeking declaratory and injunctive relief, civil penalties, and attorney fees and costs.

         Soundkeeper and ACW 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.

         Soundkeeper and AC W stipulate to the entry of this Consent Decree without trial, adjudication, or admission, of any additional issues of fact or law regarding Soundkeeper'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 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 Soundkeeper and AC W stipulate to the entry of this. Consent Decree without trial. adjudication, or admission, of any additional issues of fact or law regarding Soundkeeper'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 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 f»t 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 Defendant ACW of its Facility at 3200 6th Avenue South, Seattle, Washington, and nearby buildings (the "Facility")- Exhibit A is a depiction of the Facility that identifies areas discussed in this Consent Decree.

         5. This Consent Decree is a full and complete settlement of the claims in the Complaint and all other claims known and unknown existing as of the date of entry of this Consent Decree that could be asserted under the Clean Water Act, 33 U.S.C. §§ 1251-1387. These claims are released and dismissed with prejudice. Enforcement of this decree is Soundkeeper's exclusive remedy for any violation of its terms.

         6. This Consent Decree is a settlement of disputed facts and law. It is not an admission or adjudication regarding any allegations by Soundkeeper in this case or of any fact or conclusion of law related to those allegations.

         7. ACW agrees to the following terms and conditions in full and complete satisfaction of the claims covered by this decree:

a. ACW will comply fully with all conditions of its National Pollutant Discharge Elimination System Permit No. WAR000139 (the "NPDES Permit") and any successor, modified, or replacement permit, and the stonnwater pollution prevention plan ("SWPPP") adopted thereunder;
b. ACW may request mat me Washington Department of Ecology ("Ecology") terminate coverage under its NPDES Permit as provided under the Clean Water Act and the terms of the NPDES Permit. If Ecology acts to terminate coverage, the terms of this Consent Decree terminate upon ACW's completion of its ...

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