Enforcement - Innovative Settlements

Ecology’s settlement objective is to achieve compliance with state environmental laws and regulations, mitigate or restore damage done to the environment where possible, and encourage use of pollution prevention strategies to reduce future wastes generated. Innovative penalty settlements may divert assessed penalty amounts to a Supplement Environmental Project (SEP). Innovative settlement proposals must include the following three general elements:

The following are examples of innovative settlements:

Air Quality
Year Title Description
2001 Kaiser Aluminum Corporation Ecology’s Industrial Section penalized Kaiser Mead $388,000 for failure to operate & maintain air pollution control equipment in a manner consistent with good air pollution control practices. Kaiser settled with Ecology and paid $150,000 of the penalty. In addition Kaiser paid $125,000 to the Spokane County Air Pollution Control Authority to fund a program enabling local low-income persons to repair their vehicles to meet air emission standards.
2012 Imerys Minerals California Inc.

Imerys Minerals California Inc. (formerly known as Celite Corp) of Quincy was fined $120,000 for emitting more air particle pollution than is allowed by its permit. The penalty includes a settlement that outlines an agreement that Imerys (formerly known as Celite Corp.) pay a $60,000 fine and that the additional $60,000 pay for reducing diesel emissions from school buses in the Quincy School District.

Hazardous Waste
Year Title Description
2004 Glacier Bay Catamarans A portion of the penalty was directed toward a fiberglass boat industry open house with presentations related to acknowledging problems, sharing technology, and proposing long-term solutions.  Another portion was used for hiring a consultant to evaluate Glacier Bay’s workforce and provide strategies for investment and behavior modification. 

 

2004 Janicki Industries A portion of the penalty was settled by creating a spill response team and providing training, equipment, and supplies to support the team.  Another portion was set aside to provide facility-wide hazardous waste and safety awareness training to all staff.  In addition, the company organized and presented an environmental compliance workshop for management and employees of local businesses in Skagit County.  
Water Quality
Year Title Description
2007 Ocean Park Concrete $5,600 of their $15,000 penalty will go toward funding construction of a yurt at Pacific Pines State Park in Ocean Park. The yurt will be an Environmental Education Center that serves as the gateway to Ledbetter State Park and the Seashore Conservation Area and will support environmental education and outreach efforts. $1,400 of the fine was paid to Ecology and will be distributed as part of water quality protection grants. Ocean Park Concrete was fined for discharges and failure to sample correctly, and treat concrete processing water before discharging it to the ground.
2006 I.P. Callison & Sons A portion ($22,557) of the penalty issued to I.P. Callison was settled through a payment to the Chehalis Basin Fisheries Task Force for use on fish habitat restoration projects.
2005 Middle Creek Restoration Weyerhaeuser Co. The Weyerhaeuser Raymond Saw Mill did not correctly monitor and sample its wastewater discharges to the City of Raymond sanitary sewer. Weyerhaeuser settled a penalty of $19,000, which was forwarded to the Willapa Bay Fisheries Enhancement Group and used for the Middle Creek salmon restoration project.
2005 Portac Planner Mill/Hoh River Conservation Trust Portac Planner Mill paid a portion of the assessed amount to the Hoh River Conservation Trust. The conservation trust is used to purchase and preserve sections of land along both banks of the Hoh River. The goal of the Hoh River Conservation Trust is to acquire available parcels from the Olympic National Park to the outlet at the Pacific Ocean.
2005 Shakertown Shakertown was issued a Notice of Penalty for State Waste Discharge permit noncompliance. A portion of the penalty was settled to help fund the Winlock Wastewater Treatment upgrade.
2004 Sound Refining Corporation A penalty issued to Sound Refining Corporation was settled by hiring a consultant to conduct a 3rd party audit of the facilities with a focus on water quality compliance. The audit will include review of operations and maintenance procedures and recommendations for improvement.
2004 Washington Department of Corrections - McNeil Island A portion of the assessed amount was used to hire a consultant. The consultant served as an independent 3rd party and audited how the wastewater treatment plants at Department of Corrections was being managed. Following the evaluation there was a focus towards achieving “exemplary management practices.” An agreement was reached for improved management that included staff training and better maintenance and operations procedures for managing the wastewater treatment plants.
2003 Transalta Centralia Mining A portion of the penalty issued to Transalta Centralia Mining was settled for a payment to the Centralia Riparian Restoration Project.
2002 Valley Creek Restoration The Valley Creek restoration project involved settlements of multiple penalties against City of Port Angeles, Port of Port Angeles, and Alaska Tanker. Valley Creek was restored with these combined settlements and the collaborative efforts of several participants including the Jamestown S'Klallam Tribe, Washington Department of Fish and Wildlife and various local community organizations and volunteers.
2002 Washington State Parks and Recreation Commission Washington State Parks used a portion of the assessed amount for constructing an access trail along Christy Creek and for developing interpretive kiosks about salmon for park users. The Parks Department was also required to identify fish blocking culverts and to prioritize restoration and repair efforts at Blake Island Park.
2000 Monroe Rock Corporation To settle a penalty Monroe Rock Corporation agreed to supply $47,000 worth of rock for fish habitat restoration projects. These habitat restoration projects were managed by Snohomish County in conjunction with Department of Ecology.
1998 Rempel Brothers Concrete Rempel Brothers Concrete settled a penalty by funding a Supplemental Environmental Project (SEP). The SEP was designed to restore and protect a wetland. The project was fully implemented by May 1999.
1997 Boatyard Permit Five boat repair facilities were not in compliance with a general NPDES permit for boatyards issued by Ecology in the early 1990’s. A portion of each assessment was combined to finance a series of education and outreach workshops. The workshops were designed to help boatyard permit holders learn the requirements of the permit and how to properly collect stormwater samples for accurate annual reporting.
Other Resource Documents
Year Title Description
2007 The Public Law Research Institute's: Supplemental Environmental Projects: A Fifty State Survey with Model Practices Produced under a partnership between the American Bar Association and the University of California, Hastings College of the Law this report is the first comprehensive study of the laws, policies and practices under which Supplemental Environmental Projects (SEPs) are established.
2006 National Policy Consensus Center's: Environmental Enforcement Solutions: How Collaborative SEPS Enhance Community Benefits In March 2006, the National Policy Consensus Center (NPCC) and the United States Environmental Protection Agency (US EPA) co-hosted a multi-stakeholder Colloquium to consider whether collaborative approaches would allow Supplemental Environmental Projects (SEPs) to leverage environmental, public health, economic, and social benefits for communities affected by environmental law violations. This report is of their findings.
Website Links

The Environmental Protection Agency Supplemental Environmental Projects Webpage

Revised February 2014