Puget Soundkeeper Alliance alleges city's storm sewer system violates Clean Water Act

By Jenie Mallari-Torres | Dec 14, 2018

SEATTLE (Legal Newsline) – A nonprofit in Washington that focuses on protecting Puget Sound from pollution alleges that a city's municipal storm sewer system is discharging pollutants into navigable waters.

Puget Soundkeeper Alliance filed a complaint on Dec. 5 in the U.S. District Court for the Western District of Washington against the city of Anacortes citing the Clean Water Act (CWA).

According to the complaint, the plaintiff alleges that the defendant has violated the limitations of effluent standards under the CWA and the terms and conditions of its National Pollutant Discharge Elimination System permit with the discharges from its municipal storm sewer system.

The plaintiff holds the city of Anacortes responsible because the defendant allegedly failed to inspect all permitted development sites to ensure proper installation of permanent storm water facilities, failed to implement a long-term operation and maintenance program for storm water treatment, and failed to implement practices, policies, and procedures to reduce storm water impacts.

The plaintiff seeks judgment against the defendant for declaratory and injunctive relief; civil penalties of $37,500 per day of violation and to pay $53,484 per day of violation committed after Nov. 2, 2015; litigation expenses; attorneys’ and expert witness fees; and other relief as the court deems appropriate. It is represented by Alyssa L. Englebrecht and Richard A. Smith of Smith & Lowney PLLC in Seattle, Washington.

U.S. District Court for the Western District of Washington case number 2:18-cv-01745

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