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Waste Action Project v. King's Command Foods, LLC

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

September 13, 2019

WASTE ACTION PROJECT, Plaintiff,
v.
KING'S COMMAND FOODS, LLC, Defendant.

          CONSENT DECREE

          THE HONORABLE RICHARD A. JONES UNITED STATES DISTRICT COURT JUDGE

         I. STIPULATIONS

         Plaintiff Waste Action Project ("WAP") tiled its lawsuit against King's Command Foods, LLC ("King's Command") on, January 7, 2019. alleging violations of the Clean Water Act, 33 U.S.C. § 1251 et seq., relating to discharges of stormwater from King's Command's sausage manufacturing and meat preparation Facility in Kent, Washington, and seeking declaratory and injunctive relief, civil penalties, and attorney fees and costs. King's Command denies the allegations contained in the sixty-day notice and complaint.

         WAP and King's Command 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.

         WAP and King's Command stipulate to the entry of this Consent Decree without trial, adjudication, or admission of any issues of fact or law regarding WAP'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. For purposes of this Decree, 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 by Defendant King's Command of its Facility at 7622 S, 188th St., Kent, Washington, 98032 (the "Facility").

         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 -1 387. These claims are released and dismissed with prejudice. Enforcement of this Consent Decree is WAP'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 WAP in this case or of any fact or conclusion of law related to those allegations, nor evidence of any wrongdoing on the part of King's Command.

         7. King's Command agrees to the following terms and conditions in full and complete satisfaction of the claims covered by this Decree:

A. King's Command will comply fully with all conditions of its National Pollutant Discharge Elimination System Permit No. WAR005574 (the "NPDES permit") and any successor, modified, or replacement permit, and the stormwater pollution prevention plan ("SWPPP") adopted thereunder, for the duration of the Consent Decree;
B. By August 31, 2019, King's Command will revise its SWPPP to include the below-described improvements, including treatment, corrective actions, best management practices, and monitoring procedures. King's Command will fully implement ...

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