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Riverkeeper v. Crunch PAK LLC

United States District Court, E.D. Washington

January 7, 2020

COLUMBIA RIVERKEEPER, Plaintiff,
v.
CRUNCH PAK, LLC, Defendant.

          CONSENT DECREE

          Rosanna Malouf Peterson United States District Judge.

         I. STIPULATIONS.

         Defendant Crunch Pak, LLC (“Crunch Pak”) owns and operates a fruit processing facility located at or near 300 Sunset Highway, Cashmere, Washington 98815 (referred to herein after as the “Facility”).

         Crunch Pak discharges stormwater runoff from the Facility under a permit issued by the Washington Department of Ecology (“Ecology”) under National Pollutant Discharge Elimination System (“NPDES”) Permit No. WAR008949 (“Permit”).

         Plaintiff Columbia Riverkeeper (“Riverkeeper”) issued a notice of intent to sue letter dated October 4, 2018 and filed a complaint on December 18, 2018 under section 505 of the Clean Water Act (“CWA”), 33 U.S.C. § 1365, alleging that Crunch Pak is in violation of certain terms and conditions of the Permit.

         Riverkeeper's complaint seeks declaratory and injunctive relief, the imposition of civil penalties, and an award of litigation expenses, including attorney and expert fees.

         Since receipt of the notice of intent to sue letter, Crunch Pak has invested significant efforts and resources in reducing its discharges of stormwater associated with industrial activity and in improving the quality of the discharges that remain. These efforts included retaining engineering consultants to assist Crunch Pak in a Level Three Correction Action that was completed under the requirements of the Permit. Crunch Pak's Level Three Corrective Action included additional treatment of industrial stormwater at the Facility, including rerouting stormwater from areas in the northern portion of the Facility to an onsite infiltration pond, and the purchase and installation of stormwater treatment systems (including an Aquip and two Zinc-B-Gone units by StormwaterRx) to treat industrial stormwater from southern portions of the Facility.

         Crunch Pak and Riverkeeper (collectively, the “Parties”) stipulate that the Court has jurisdiction over the Parties and the subject matter of this action under section 505(a) of the CWA, 33 U.S.C. § 1365(a).

         The Parties agree that settlement of this matter is in the best interest of the Parties and the public and that entry of this Consent Decree without additional litigation is the most appropriate means of resolving this action.

         The Parties stipulate to the entry of this Consent Decree without trial, adjudication, or admission of any issues of fact or law regarding the claims and allegations set forth in Riverkeeper's notice of intent to sue letters and complaint.

         The signatories for the Parties certify that they are authorized by the party they represent to enter into these Stipulations and Consent Decree.

COLUMBIA RIVERKEEPER By: s/ Brett VandenHeuvel Brett VandenHeuvel, Executive Director KAMPMEIER & KNUTSEN, PLLC By: s/ Brian A. Knutsen Brian A. Knutsen, WSBA No. 38806 Attorney for Columbia Riverkeeper
CRUNCH PAK, LLC By: s/ Mauro Felizia Mauro Felizia, President JEFFERS DANIELSON SONN & AYLWARD, PS By: s/ Patrick Aylward J. Patrick Aylward, WSBA No. 7212 Attorney for Crunch Pak, LLC

         II. ...


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