EPA v. Stillaguamish Flood Control District and PLE LLC - Culverts & Tide Gates (EPCRA non33)

Case summary

On August 27, 2024, EPA Region 10 issued an Administrative Order on Consent (AOC) requiring the Stillaguamish Flood Control District and PLE LLC to restore riparian habitat along both banks of Church Creek (Jorgenson Slough) near Stanwood, Washington. Church Creek (Jorgenson Slough) is a tributary of the Stillaguamish River, which is designed Critical Habitat for Puget Sound Chinook Salmon, as well as important rearing and migration habitat for other juvenile salmon species. A certain reach of Church Creek is listed as a Clean Water Act Section 303(d) impaired waterbody for dissolved oxygen. Riparian habitat restoration is critical for improving water quality to support aquatic life, including salmon rearing and migration. A CA/FO seeking civil penalties will be executed at a later date.

Defendants (1)

• Stillaguamish Flood Control District and PLE LLCNamed in complaintNamed in settlement

Facilities (2)

• STILLAGUAMISH FLOOD CONTROL DISTRICT - CULVERT & TIDE GATES

  26206 MARINE DRIVE, STANWOOD, WA, 98292

  Registry ID: 110071666589

• STILLAGUAMISH FLOOD CONTROL DISTRICT

  CHURCH CREEK, STANWOOD, WA, 98292

  Registry ID: 110071666588

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Stillaguamish Flood Control District and PLE LLC - Culverts & Tide Gates (EPCRA non33)entered 2024-08-27

  Primary law: CWA

Timeline (3 milestones)

• 2024-07-31Enforcement Action Data Entered
• 2024-08-27Complaint Filed/Proposed Order
• 2024-08-27Final Order Issued