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Loopholes in Washington's Building and Polluted Runoff Rules Challenged

Earthjustice is representing three conservation organizations in asking the Washington State Pollution Control Hearings Board to throw out a recent agreement between Clark County and the Washington Department of Ecology in which the state authorized inadequate development standards that will generate illegal storm water pollution.

Storm water—runoff from developed areas containing a toxic brew of metals, grease, pesticides and herbicides—is the number one water quality problem in Puget Sound. The Environmental Protection Agency recently released a report that identifies storm water as a leading cause of toxic pollution in the Columbia Basin. When storm water runs off parking lots, buildings, and other urban development, it carries toxic metals, particularly copper and zinc, which harm salmon and other aquatic life.

In early January, the Department of Ecology agreed to allow Clark County to retain inadequate storm water standards for new development in exchange for a promise to implement county-funded storm water mitigation projects, even though Clark County is already required to implement these projects under federal law. Additionally, the agreement allows Clark County to mitigate new development anywhere in the county, up to three years after the development occurs.

Press Releases

Friday, June 7, 2013
Taxpayer subsidy, fish-killing loopholes scrapped by judge as violations to clean water laws
Wednesday, September 26, 2012
Taxpayer subsidy, fish-killing loopholes, scrapped by judges as violations to clean water laws
Thursday, December 29, 2011
Injunction requires Clark County to shelve fish-killing loopholes in its development standards
Thursday, October 20, 2011
Current draft fails to deliver on green building solutions, contains developer loopholes
Thursday, January 6, 2011
Taxpayer subsidy and fish-killing loopholes scrapped
Tuesday, September 28, 2010
Outcome likely to have statewide importance