EPA v. PORT OF TACOMA, ET AL

Case summary

On November 22, 2013, the District Court for the Western District of Washington at Tacoma entered a Consent Decree in to resolve violations of unauthorized fill to 6.1 acres of wetlands without a Clean Water Act Section 404 permit. The Port of Tacoma, an independent municipal corporation, and two contractors have agreed to complete mitigation projects at a cost of $3.05 million at two Port-owned sites near Tacoma, Washington. The mitigation includes fill removal and restoration at one site; off-site creation, restoration, and/or enhancement of 7.56 acres of degraded wetlands to compensate for losses at a second site; and 3400 feet of additional stream channel enhancements. These projects will restore or replace important water quality improvement functions of the affected wetlands and also restore habitat for a variety of birds, small mammals, and fish, including endangered salmonids. The defendants have agreed to pay a penalty of $500,000.

Defendants (5)

• The State of WashingtonNamed in complaintNamed in settlement
• Port of TacomaNamed in complaintNamed in settlement
• Waka Group IncNamed in complaintNamed in settlement
• DEMCO IncNamed in complaint
• Scarsella Brothers IncNamed in complaintNamed in settlement

Facilities (2)

• PORT OF TACOMA - HYLEBOS MARSH PROPERTY

  ALEXANDER AVE & TAYLOR WAY (PUYALLUP RESERVATION), TACOMA, WA, 98421

  Registry ID: 110040064355

• PORT OF TACOMA - WETLAND EB-1B PROPERTY

  ALEXANDER AVE & TAYLOR WAY (PUYALLUP RESERVATION), TACOMA, WA, 98421

  Registry ID: 110040341065

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PORT OF TACOMA, DEMCO INC, WAKA GROUP INC, SCARSELLA BROTHERS INC, AND STATE OF WA - CONSENT DECREEentered 2013-11-22

  Primary law: CWA

  Federal penalty: $500,000

Timeline (7 milestones)

• 2010-08-12Enforcement Action Data Entered
• 2010-09-27Referred To Dept Of Justice
• 2011-04-01Complaint Filed With Court
• 2013-08-05Final Order Lodged
• 2013-11-22Final Order Entered
• 2013-11-22Concluded
• 2023-01-04Enforcement Action Closed