An environmental group has filed a lawsuit against a Vancouver-based rebuilder of heavy construction equipment, alleging the company has illegally poured polluted stormwater into the Columbia River.
In its complaint filed Monday in U.S. District Court in Tacoma, Columbia Riverkeeper alleges Electro Inc. has engaged in “repeated and ongoing violations” of the federal Clean Water Act and of the terms of a pollutant-discharge permit the company was issued.
Jack Schiefelbein, president of Electro, said Wednesday he has paid fines and penalties to the state of Washington and that Columbia Riverkeeper is suing him for more. Criticizing the nonprofit group, he said, “What they really do is stick you up.”
The suit filed by Columbia Riverkeeper, based in Hood River, Ore., followed a May 5 letter it sent to the company giving it 60 days notice of the group’s intention to sue. In the letter, the environmental group said it’s willing to discuss remedies for the violations and settlement terms during the 60-day notice period.
Schiefelbein said Wednesday that attorneys representing him sent letters to Columbia Riverkeeper inviting the group to visit the company’s site.
The suit the group filed on Monday levels multiple allegations. They include that Electro has violated water quality standards; failed to develop and implement a plan for preventing stormwater pollution; failed to collect and analyze stormwater samples; and failed to take corrective actions.
The company “discharges stormwater to a storm drain that discharges to the city of Vancouver stormwater system,” according to the May 5 letter that’s included in the lawsuit filed on behalf of Columbia Riverkeeper by attorneys for the Kampmeier & Knutsen law firm, which has offices in Seattle and Portland. “Electro discharges stormwater that contains elevated levels of turbidity, zinc and copper,” according to the letter, and the company “has a pattern and practice of failing to monitor stormwater pollution.”
In the letter, Columbia Riverkeeper said the notice of intent to sue Electro is part of the group’s “effort to improve water quality in the Columbia River for purposes including swimming, habitat quality, and subsistence, recreational and commercial fishing.”
Schiefelbein said Wednesday that stormwater from several other industrial operations near Electro runs into the company’s drain. He said Electro is a repair and machine shop. “I don’t believe we have put any pollution in the stream,” he said.
In the lawsuit, Columbia Riverkeeper makes several requests of the federal court. Those requests include that the court order the company to stop violating the law; redress the environmental harm that’s been done; immediately implement a plan to prevent stormwater pollution; allow Columbia Riverkeeper to participate in the development and implementation of the company’s stormwater pollution prevention plan; and to pay civil penalties of $37,500 per day for each violation committed. The group also asks to be awarded litigation expenses, including reasonable attorneys’ and expert witness fees.
“A significant penalty should be imposed against (the company),” the lawsuit contends. The company’s “violations were avoidable” had it “been diligent in overseeing facility operations and maintenance.” The company “benefited economically as a consequence of its violations and its failure to implement improvements at the facility.”
Electro “owns and operates an equipment repair, remanufacturing and retrofitting facility located at or about 7507 N.E. 47th Avenue” in Vancouver, according to the lawsuit.
The company filed incorporation papers in Washington state in August 1995, according to the Secretary of State’s Office.
Electro repairs, rebuilds and retrofits LeTourneau heavy construction equipment, according to the company’s website. It also offers new and used machines for sale.
“Whether you are loading ore in South America, drilling for oil in Southeast Asia, or loading logs in the Pacific Northwest, diesel-electric LeTourneau machinery has outlasted the competition,” the company says on its website.
