Org. Sues Shellfish Hatchery Over Pollutants for the Second Time

A shellfish hatchery under fire for violation of environmental laws for unpermitted discharge of pollutants into Washington state’s Quilcene Bay, according to a new complaint filed by an environmental organization.

Olympic Forest Coalition’s suit, filed Tuesday in the Western District of Washington, alleges that Dulcich Inc. operates a business that grows algae and rear shellfish larvae, a process that adds pollutants to nearby waters. The plaintiff says they sued a prior owner of the same facility for similar violations in 2016; that lawsuit is ongoing.

According to the complaint, the defendant facility adds oxygen, heat, sodium carbonate, and a variety of other chemicals to nearby waters in violation of the Clean Water Act because the discharges occur outside the bounds of a National Pollutant Discharge Elimination System (NPDES) permit.

Members of the plaintiff’s organization allegedly witnessed the discharges at issue and attempted to meet with the operators of the facility; in 2013, consultants hired by the facility produced a report confirming their concerns, the complaint says.

The plaintiffs are seeking injunctive relief to ensure Clean Water Act compliance and begin remediation. They are represented by Kampmeier & Knutsen pllc