USA: Northwest Seaport Alliance and Puget Soundkeeper Reach Agreement in West Sitcum Terminal Litigation

The Northwest Seaport Alliance (NWSA), the Port of Tacoma, SSA Terminals, and Puget Soundkeeper have reached a definitive agreement in the federal citizen lawsuit concerning stormwater management at the West Sitcum Terminal in Tacoma.

The agreement, which resolves litigation pending since 2017, clarifies all remaining claims between the parties and will be embodied in a consent decree subject to approval by the federal court and the U.S. Department of Justice.

Pending judicial approval, this agreement resolves litigation that involved several NWSA tenants and significant legal issues regarding stormwater compliance obligations under the Industrial Stormwater General Permit issued by the Washington State Department of Ecology. All parties recognized that this agreement offered a path toward tangible environmental outcomes benefiting the community and clean water.

A fundamental aspect of the agreement is the significant investments in water quality and stormwater management in the Commencement Bay watershed, as NWSA donated $500,000 to the Washington Stormwater Center to fund research and educational programs focused on stormwater management.

NWSA will acquire a Triverus sweeper, one of the most advanced sweeping systems available for port and terminal environments, with potential for use at other Port of Tacoma properties, and operational improvements made by SSATT at West Sitcum Terminal were agreed upon.

These commitments build on the NWSA's previous $13.5 million investment in a stormwater treatment system at the terminal, completed in 2019, after the previous tenant required such treatment. Together, the treatment system completed in 2019 and the new actions, investments, and operational improvements agreed upon today will resolve the Clean Water Act public interest enforcement action initiated by Puget Soundkeeper in 2017.

The consent decree will remain in effect until January 1, 2030. The agreement does not constitute an admission of liability or fault by any of the parties.