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Department of Ecology News Release - June 24, 2009
09-151
OLYMPIA – A company in Tacoma that makes animal feed is facing a $14,641 fine from the Washington Department of Ecology for refusing to follow clean water rules.
X-Cel Feeds has disagreed with Ecology for four years over a requirement to get a stormwater permit. Ecology’s permit spells out requirements for preventing water pollution and sets up regular water quality monitoring. The company is also receiving a formal Ecology order to apply for the stormwater permit.
X-Cel Feeds, 5436 S. Washington St., processes a variety of raw materials into animal feed. Many of the activities and products on the site are exposed to stormwater, which triggers the requirement an industrial stormwater permit. Runoff from the site discharges to Flett Creek, a salmon-bearing stream.
When Ecology water quality inspectors have tried to engage the company in discussions about needing a stormwater permit, the company has been nonresponsive.
“Stormwater pollution presents the greatest threat to water quality, and we’re concerned that X-Cel Feeds won’t verify its efforts to keep raw materials, spilled product and byproducts out of the runoff that drains to Flett Creek,” said Garin Schrieve, Ecology’s regional water quality manager. “We’d rather see X-Cel focus its efforts on keeping pollution out of local waters than continue arguing its clean water responsibilities.”
Materials used to make animal feed can harm water quality by decomposing and robbing water of dissolved oxygen that’s essential for aquatic life.
Although X-Cel Feeds applied for permit coverage in 1995, company management has long argued that it is exempt from the stormwater permit requirement, claiming its operations or products were not exposed to stormwater.
Ecology initially granted X-Cel an exemption, but subsequent inspections have shown that material on the site is exposed to stormwater that is discharged to Flett Creek.
Schrieve says the exemption clearly no longer applies, and Ecology has told the company on seven occasions since 2005 that it must reapply for the permit.
Ecology’s administrative order requires X-Cel Feeds to apply for a permit within 30 days or face additional penalties. The company can appeal both the $14,641 penalty and administrative order to the Pollution Control Hearings Board within 30 days.
The money collected from water quality penalties is placed in a subaccount of the Coastal Protection Fund. Ecology uses the fund to provide grants to local environmental enhancement and restoration projects sponsored by local governments, tribes and other state agencies.
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Media Contact: Kim Schmanke, 360-407-6239 (desk)
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
