United States District Court, E.D. Washington
Rosanna Malouf Peterson United States District Judge.
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”).
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
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.
complaint seeks declaratory and injunctive relief, the
imposition of civil penalties, and an award of litigation
expenses, including attorney and expert fees.
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.
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).
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.
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
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