Ag exporter, port reach settlement in Clean Water Act lawsuit

Published 9:00 am Wednesday, October 9, 2024

An agricultural exporter and a port in Washington have agreed to pay $430,000 to settle a Clean Water Act lawsuit filed by an environmental nonprofit.

Last week, Twin Harbors Waterkeeper filed a complaint in federal court accusing Ag Processing Inc. and the Port of Grays Harbor of unlawfully discharging pollutants in stormwater from an export facility in Aberdeen, Wash.

The environmental plaintiff claimed that equipment and buildings for loading and storing bulk crop products owned by Ag Processing, a farm cooperative based in Omaha, Neb., has discharged nitrates, zinc, copper and other contaminants at levels that hurt the water quality of the Chehalis River and Grays Harbor.

The complaint accused the agricultural exporter and the port of failing to comply with plans for preventing and correcting pollution contrary to Clean Water Act permit conditions, in addition to violating record-keeping requirements.

According to the lawsuit, soybean meal and other bulk material was also released into the waterways while loading vessels or washing equipment.

The lawsuit asked a federal judge to impose fines on the defendants of more than $66,700 per day of violation and order them to comply with Clean Water Act standards and pay the plaintiff’s litigation expenses.

Several days later on Oct. 7, the parties notified U.S. District Judge Tiffany Cartwright in Tacoma, Wash., that they’d agreed to a consent decree resolving the allegations without the ag exporter or the port admitting to any wrongdoing.

To become effective, the consent decree must be approved by the judge.

Under the deal, the defendants agreed to monitor and remove excess grease and loose paint from equipment, then implement corrosion prevention measures.

The consent decree would require the facilities to be outfitted with cleaning and wiping equipment, as well as a “catch system” for bulk product as it’s loaded onto ships.

The ag exporter and the port have also committed to install dust curtains and hoods on equipment and develop a plan to otherwise keep dust out of the waterways.

A quarterly report would need to be submitted to the plaintiff detailing the defendants’ progress, among other conditions.

The defendants would jointly pay $375,000 for conservation work under the consent decree, with $150,000 going to the Quinault Indian Nation and the same amount going to the Confederated Tribes of the Chehalis Reservation.

Another $25,000 each would be paid to three organizations — Trout Unlimited, Chehalis River Basin Land Trust and Grays Harbor Audubon Society —for local environmental enhancement projects.

Finally, the defendants would pay $55,000 to Twin Harbors Waterkeeper to compensate the nonprofit for its attorney fees and other litigation costs.

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