The 214-foot tall cranes work to unload their first cargo shipments at South Terminal at the Port of Everett on April 8, 2021 in Everett. (Olivia Vanni / The Herald)

The 214-foot tall cranes work to unload their first cargo shipments at South Terminal at the Port of Everett on April 8, 2021 in Everett. (Olivia Vanni / The Herald)

Sued over pollution, Port of Everett works on water quality issues

Testing found stormwater toxins above permit limits, a watchdog says. State regulations require a fix.

EVERETT — After an environmental organization sued the Port of Everett last month alleging “repeated and ongoing violations” of water quality standards, the port and the nonprofit said Friday a solution is in the works.

In a joint letter to The Daily Herald, the Seattle-based Puget Soundkeeper Alliance and the port said they are “working in collaboration to remedy an enforcement notice regarding the Port’s Industrial Stormwater Permit.”

“The Port of Everett and Soundkeeper appreciate the opportunity to work together as both our organizations take our leadership and commitment to environmental stewardship very seriously,” says the letter, signed by Port CEO Lisa Lefeber and the nonprofit’s executive director, Sean Dixon. “We hope to have this matter resolved quickly and amicably.”

Soundkeeper’s lawsuit, filed May 31 in U.S. District Court in Seattle, alleges heavily polluted stormwater flowed from marine terminal drainage pipes and outfalls into the East Waterway, a waterfront area in Port Gardner Bay that has already been tainted by decades of industrial activity.

More than two dozen times between the beginning of 2018 and the first quarter of 2022, monitoring reports found water samples exceeded various pollution “benchmarks” — including for pH, copper, zinc and turbidity — set in the port’s state-issued permit, according to the lawsuit.

“These violations have occurred each and every day during the last five years on which there was 0.1 inch or more of precipitation and continue to occur,” Soundkeeper told the port March 28 in a notice of intent to sue.

Permitting data maintained online by the Washington State Department of Ecology confirms the pollution thresholds were surpassed. However, under the state’s permitting system, “exceeding a benchmark is not a violation, and is instead a trigger for the permittee to do something,” department spokesperson Scarlet Tang said in an email.

Tang declined to say if the port has been cited for any stormwater permit violations, saying the department doesn’t comment on third-party lawsuits.

It is one of many such lawsuits filed by Soundkeeper, a water quality watchdog known for taking businesses and localities to court to force compliance — sometimes resulting in millions of dollars for environmental remediation in contaminated areas.

“Under the Clean Water Act, community groups such as Soundkeeper are encouraged to enforce industrial storm water permits managed by the Department of Ecology,” says the joint letter. “Soundkeeper has launched approximately 200 enforcement cases with facilities around the Sound, most of which involved management of stormwater discharges.”

In 2017, Snohomish County settled a lawsuit brought by Soundkeeper, agreeing to retrofit drainage projects near Little Bear Creek and promote stormwater management practices that use native plants and natural filtration processes to purify runoff. The county also agreed to pay Soundkeeper up to $125,000 in attorney and expert fees.

The most recent lawsuit also alleges the port failed to take the proper “corrective actions” required by its permit when pollutants were detected beyond their limits. Such actions vary, depending on the nature and the severity of the benchmark that’s triggered. Examples range from strengthening a facility’s stormwater management plan to adding treatment systems.

The lawsuit also cites lapses in the port’s reporting, monitoring, and other required recordkeeping meant to ensure that pollution levels stay below the benchmarks.

Soundkeeper asks the court to order the port “take specific actions to remediate the environmental harm caused by its violations.” The lawsuit also seeks recovery of the nonprofit’s legal fees and “civil penalties of $59,973 per day of violation for each violation committed by the Port after November 2, 2015.”

A 2021 annual permit report, submitted by the port to the Ecology department two weeks before the lawsuit was filed, says the port took action twice that year after samples exceeded pollution parameters. In April 2021, the port asked its contracted sweeper to cover certain areas more often. In September, it installed catch basin inserts, with filters to absorb metal, in “strategic locations throughout the marine terminals,” says the report signed by Lefeber.

The East Waterway is already a cleanup site overseen by the Ecology department. The port, the U.S. Navy and the state are in the early stages of gathering information about pollution that lingers there from historic saw milling, pulp and paper manufacturing, maritime shipping and naval activities.

The neighboring former site of the Kimberly-Clark mill is becoming a new marine shipping terminal as part of yet another state-mandated cleanup taken on by the port.

Rachel Riley: 425-339-3465; rriley@heraldnet.com; Twitter: @rachel_m_riley.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

A view of one of the potential locations of the new Aquasox stadium on Monday, Feb. 26, 2024 in Everett, Washington. The site sits between Hewitt Avenue, Broadway, Pacific Avenue and the railroad. (Olivia Vanni / The Herald)
Initial prep work for AquaSox stadium to start, with $200k price tag

The temporary agreement allows some surveying and design work as the city negotiates contracts with designers and builders.

The Joann Fabric and Crafts store at 7601 Evergreen Way, Everett, is one of three stores in Snohomish County that will close as part of the retailer’s larger plan to shutter more than half of its stores nationwide. (Aaron Kennedy / The Herald)
Joann store closure plan includes Everett, Arlington, Lynnwood locations

The retail giant filed a motion in court to close approximately 500 stores in the U.S.

Lynnwood
Lynnwood police: 1 suspect in custody, 1 at large after attempted carjacking

Beverly Elementary School went into a precautionary lockdown Thursday afternoon. Numerous officers continue to search for the second suspect.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Candidates announce campaigns for Everett city council seat

Ryan Crowther, founder of the Everett Music Initiative, will challenge incumbent Paula Rhyne for the District 2 seat.

Lynnwood City Council Vice President Julieta Crosby speaks during a Lynnwood City Council meeting on Wednesday, Nov. 20, 2024. (Olivia Vanni / The Herald)
Lynnwood picks top eight candidates to replace former council VP

The City Council will make its final decision Feb. 20 after interview process.