Community Transit fined for stormwater violations near Mill Creek park

EVERETT — The state Department of Ecology fined Community Transit and its contractor, CA Carey, $10,000 each this week for stormwater permit violations at McCollum Park, the site of the former Emander Landfill.

Since last spring, Community Transit has been constructing a new park and ride at the park just south of Everett for its Swift Bus Rapid Transit service expansion. It is expected to open in 2024.

Starting in 1947, the Emander Landfill was mostly used for municipal garbage. Landfill operations ended in 1967, and a soil cover was installed as part of cleanup efforts. McCollum Park was developed over the landfill’s northern portion.

Ecology was notified through its environmental report tracking system in October 2022 about stormwater runoff at the park. At the work site, officials noticed workers had cut through the cap and liner placed over contaminated soil from the landfill. Community Transit hadn’t notified Ecology they had excavated in the area and exposed contaminated soil, so there was no monitoring to determine if the soil polluted the runoff, said Scarlet Tang, an Ecology spokesperson.

At construction sites, Ecology is mostly concerned about the presence of sediment in stormwater runoff and its acidity levels because that can affect water quality and aquatic life, Tang said.

“We take these violations seriously, for the benefit of the environment and public health,” Tang said.

Initially, Community Transit didn’t plan to pierce the former landfill’s liner, said Geoff Patrick, a spokesperson for the agency.

During construction, however, Community Transit had to adjust its design to install a stormwater drain line, requiring them to cut through the liner, Patrick said.

Ecology’s press release quoted Community Transit CEO Ric Ilgenfritz, who said the agency “responded rapidly” to the permit violations. Ilgenfritz said the agency is more than 80% done with construction at McCollum Park.

The penalty payments will go toward the state’s Coastal Protection Fund, which provides grants to local public agencies and tribes for water quality restoration.

Ta’Leah Van Sistine: 425-339-3460; taleah.vansistine@heraldnet.com; Twitter: @TaLeahRoseV.

Ta’Leah Van Sistine reports on the environment and climate change for The Daily Herald. Her journalism is supported by the Herald’s Environmental and Climate Reporting Fund. Learn more and donate: heraldnet.com/climate-fund.