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Puget Soundkeeper All. v. Dep't of Ecology

Puget Soundkeeper All. v. Dep't of Ecology

Supreme Court of Washington

October 19, 2017, Argued; August 30, 2018, Filed

No. 94293-5

Opinion

En Banc

 [*634]  [**1174] 

¶1 Johnson, J. — In this case, we are asked to decide whether Department of Ecology's current waste discharge permitting process complies with RCW 90.48.520's requirement for “permit conditions [to] require all known, available, and reasonable methods to control toxicants in the applicant's wastewater.” (Emphasis added.) No disagreement exists that Ecology uses the most sensitive testing method federally approved to monitor permit compliance. The issue in this case is whether RCW 90.48.520 requires Ecology to use a more sensitive testing method not recognized by Ecology or the United States Environmental Protection Agency (EPA) as reliable for permit compliance purposes. We hold that it does not and affirm the Court of Appeals. 1 

Facts and Procedural Background

¶2 This case was brought by Puget Soundkeeper Alliance (Soundkeeper), who challenged Ecology's issuance of a discharge permit to Seattle Iron and Metals (SIM). Although  [*635] Soundkeeper challenged the permit issuance on several theories, the [***3]  issue before us centers on the testing methodology required as a permit condition to monitor compliance.

¶3 ] Ecology is a state water pollution control agency responsible for administering the National Pollutant Discharge Elimination System (NPDES) permit program in compliance with the Clean Water Act (CWA) (also known as the Federal Water Pollution Control Act), 33 U.S.C. §§ 1251-1388. The permits allow for the discharge of certain pollutants into navigable waters, so long as those discharges are in compliance with the permit  [**1175]  terms and consistent with state and federal law.

¶4 The permit in question 2 was issued in 2013 to SIM, an auto shredding and metal recycling facility, which extracts and sells recoverable metals from auto shredder residue. SIM is located along the Lower Duwamish Waterway (Waterway), the 5.5 mile section of the Duwamish River flowing into Elliott Bay. The EPA has designated the Waterway a cleanup site.

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191 Wn.2d 631 *; 424 P.3d 1173 **; 2018 Wash. LEXIS 553 ***; 2018 WL 4140744

Puget Soundkeeper Alliance, Petitioner, v. The Department of Ecology et al., Respondents.

Prior History:  [***1] Appeal from Thurston County Superior Court. 15-2-01575-1. Honorable Gary R. Tabor.

Puget Soundkeeper All. v. Dep't of Ecology, 197 Wn. App. 1078, 2017 Wash. App. LEXIS 475 (Feb. 22, 2017)

CORE TERMS

Ecology, testing, pollution, monitoring, water quality standards, permits, regulation, ensure compliance, Waterway, effluent, violations, limits, state law, superseding, compliance, discharges, wastewater, waters, reliably, detect, water quality, federal law, concentration, quantify, federal regulation, pollution control, reasonable method, state water, chemicals, permit condition

Environmental Law, Enforcement, Discharge Permits, Effluent Limitations, General Permits, Administrative Law, Judicial Review, Administrative Record, Administrative Proceedings & Litigation, Judicial Review, Standards of Review, Agency Rulemaking, Formal Rulemaking, Notice & Comment Requirements, Rule Application & Interpretation, Governments, Legislation, Interpretation