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Tuesday, August 20, 2019

Waste Action Project alleges King's Command Foods facility discharges excessive pollutant concentrations


By Bree Gonzales | Jan 28, 2019

SEATTLE (Legal Newsline) – A nonprofit corporation based in Seattle, Washington that focuses on the protection of Puget Sound alleges a sausage and meat manufacturer is discharging pollutant concentrations in excess of its permit benchmarks.

Waste Action Project filed a complaint on Jan. 7 in the U.S. District Court for the Western District of Washington at Seattle against King’s Command Foods LLC citing the Clean Water Act.

According to the complaint, the defendant has a facility in Kent, Washington and storm water from it discharges into the Kent storm sewer system and eventually drains into the Mill Creek. The plaintiff alleges the defendant has caused or contributed to violations of water quality standards for zinc and copper in the Mill Creek drainage basin and has discharged pollutant concentrations in excess of permit benchmarks.

The plaintiff holds King’s Command Foods LLC responsible because the defendant allegedly has failed to fulfill monitoring, record keeping, reporting and planning requirements necessary for compliance with its National Pollutant Discharge Elimination System permit and the CWA.

The plaintiff seeks an order issuing a declaratory judgment that defendant has violated and continued to be in violation of its permit, litigation expenses, including attorneys’ and expert witness fees, and any further relief the court deems just and proper. It is represented by Richard A. Smith and Katherine E. Brennan of Smith & Lowney PLLC in Seattle, Washington.

U.S. District Court for the Western District of Washington case number 2:19-cv-00015-RAJ

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Smith & Lowney PLLC U.S. District Court for the Western District of Washington

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