Clark County faces legal threat over stormwater plan

A Seattle-based environmental law firm gave 60-day notice Thursday of intent to sue Clark County under the federal Clean Water Act for the county’s stormwater rules.

Earthjustice, the law firm, is representing the local Rosemere Neighborhood Association environmental group, Columbia Riverkeeper and the Northwest Environmental Defense Center.

Earlier this month, Earthjustice filed a separate appeal on behalf of those groups asking the Washington State Pollution Control Hearings Board to throw out a state-county deal over stormwater runoff.

Under the proposed state-county deal, which Earthjustice said is illegal, the county would attempt to raise public money for a system of regional storm-drainage facilities. Such facilities would lower the costs of development and infill, but the county has no plan to pay for them. Earthjustice also claims that regional facilities aren’t as good as on-site facilities.

If the county were found in violation of the act, penalties could theoretically run into the millions of dollars.

Federal law required Clark County to adopt new rules governing runoff from development by August 2008. Rather than comply with Clean Water Act requirements, the county knowingly adopted a significantly weaker flow control standard for new development.

While the state Department of Ecology initially sought to bring an enforcement action against the county for failing to adequately manage stormwater pollution, it later agreed to let the county retain the insufficient standards that don’t meet the requirements of clean water laws.

Read the 60-day notice of intent to sue letter at http://www.earthjustice.org/library/legal_docs/municipal-stormwater-60-day-notice.pdf.