EPA v. SEATTLE, CITY OF/UNION BAY

Case summary

THE CITY OF SEATTLE INADVERTENTLY DISCHARGED POSSIBLY UP TO 4 MILLION GALLONS OF UNTREATED SEWAGE INTO UNION BAY OF LAKE WASHINGTON, SEATTLE, WA IN TWO SEPARATE INCIDENTS DURING 9/88 AND 12/88. MORE DISCOVERY IS REQUIRED TO DETERMINE THE EXACT AMOUNT SPILLED. THE DISCHARGES RESULTED FROM THE DIVERSION OF A SEWER LINE INTO A STORM DRAIN BY A CONTRACTOR FROM THE CITY, CONSTRUCTORS - PAMCO, WHICH WAS RECONSTRUCTING A SEWAGE SYSTEM NEAR UNION BAY WHEN THE DISCHARGES OCCURRED. NEITHER THE CITY NOR PAMCO HAS A NPDES PERMIT THAT AUTHORIZED THE DISCHARGES THAT ARE THE SUBJECT OF THIS REFERRAL. THE WA STATE DEPT OF ECOLOGY ORIGINALLY INVESTIGATED THE CASE, BUT REFERRED IT TO EPA IN 1/90 FOR ENFORCEMENT ACTION, CITING 'LACK OF RESOURCES' AS THE REASON FOR THE REFERRAL. OWNERS OF HOMES LOCATED NEAR THE SITE OF THE DISCHARGE HAVE SUED THE CITY AND PAMCO BASED ON PUBLIC AND PRIVATE NUISANCE AND NEGLIGENCE. PLAINTIFFS IN THAT CASE ARE SEEKING BOTH INJUNCTIVE AND MONETARY RELIEF. SETTLEMENT NEGOTIATIONS IN THAT CASE HAVE STALLED AND IT HAS YET TO ENTER THE DISCOVERY PHASE. INJUNCTIVE RELIEF IS REQUESTED. DEFENDANTS SHOULD BE COMPELLED TO REMOVE THE WASTE MATERIAL THAT ACCUMULATED ON THE BOTTOM OF LAKE WASHINGTON AS A RESULT OF THE UNAUTHORIZED DISCHARGES. REMOVAL IS WARRANTED BY THE POTENTIAL HEALTH HAZARD POSED BY THE BACTERIA AND OTHER PATHOGENS CONTAINED IN THE SLUDGE. THIS SLUDGE IS PRONE TO DISTURBANCE BY BATHERS AND BY BOAT TRAFFIC AND CONSEQUENTLY POSES A CONTINUING HEALTH HAZARD TO THE PUBLIC. THE PARTIES SHOULD BE HELD JOINTLY AND SEVERALLY LIABLE FOR ALL PENALTIES.

Defendants (3)

• CONSTRUCTORS-PACIFIC CO DBA CNSTRC-PAMCONamed in complaintNamed in settlement
• SEATTLE, CY OFNamed in complaintNamed in settlement
• WASHINGTON, ST OF

Facilities (1)

• SEATTLE CY OF UNION BAY

  LAKE WASHINGTON STORM DRAIN OUTFALL, SEATTLE, WA, 98105

  Registry ID: 110010690680

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CITY OF SEATTLEentered 1993-01-06

  Primary law: CWA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1988-09-01Enforcement Action Data Entered
• 1990-09-28PRN Sent
• 1991-09-24Referred To Dept Of Justice
• 1992-12-18Complaint Filed With Court
• 1993-01-06Final Order Lodged
• 1993-01-06Final Order Entered
• 1993-01-06Concluded
• 1997-08-20Enforcement Action Closed