Waste Action Project Launches Citizen CWA Suit

On Friday, plaintiff Waste Action Project brought a suit against Associated Petroleum Products Inc. (APP) in the Western District of Washington, claiming the defendant has polluted the different water areas in the state in violation of the Clean Water Act (CWA). 

The plaintiff is a non-profit organization aimed at protecting and preserving the water ecosystems of Washington state, the complaint says..

The complaint states that “The recreational, economic, aesthetic and/or health interests of Waste Action Project and its members have been, are being, and will be adversely affected by APP’s violations of the CWA.”

The plaintiff is also alleging that they have violated the Clean Water Act by failing to “record and report information about its discharges” into different waterways of Washington state.

Some of the requirements that APP has allegedly failed to comply with under their water discharge permit include “effluent limits, sampling and monitoring, reporting and record keeping, operation and maintenance, permit application, spill control plan, Stormwater Pollution Prevention Plan (“SWPPP”), Best Management Practices (“BMPs”), and General Conditions of its Waste Discharge Permit.”

According to the plaintiff, the defendant has also had a history of various violations dating back several years and has not been willing to make necessary changes to reduce such pollutants in its cleaning and filtration system.

The plaintiff is also claiming that the defendant’s failure to disclose this information has adversely affected their organization’s ability to effectively inform their members of the water conditions of many of the waterways of the area. 

Ultimately, the plaintiff requests that APP pay civil penalties for each day of their violations. The plaintiffs also asked the court to require their own participation in developing a plan to ensure APP’s compliance with the Clean Water Act.

The plaintiff is represented by Smith & Lowney PPLC.