Ecology Denied a Petition that Sought Rules to Protect Puget Sound

Northwest Environmental Advocates called for Washington Governor Jay Inslee’s leadership to protect Puget Sound as we filed a formal appeal with him today seeking to modernize pollution removal technology at sewage treatment plants in accordance with state law. The appeal asks Governor Inslee to overturn a January 11, 2019 refusal by the Washington Department of Ecology to update current rules that allow use of 100-year-old pollution control technology while Puget Sound faces emergency levels of toxic and nutrient pollution. The Governor has 45 days in which to respond.

The use of modern sewage treatment—which is required by Washington law—would remove two of the main culprits in Puget Sound’s water quality problems: toxic and nutrient pollution. This action would help save struggling orca whales and numerous other species.

NWEA sought a change in 31-year old rules that purportedly define modern technology by filing a petition for rulemaking with Ecology on November 14, 2018. The petition explains that although Ecology has identified sewage discharges as the primary cause of some of Puget Sound’s biggest pollution problems, it has taken no action.

Inadequate treatment of sewage is causing widespread algal blooms, low levels of dissolved oxygen, wholesale food web changes, ocean acidification, and toxic threats to orca whales, salmon, and crab according to Ecology’s own studies.

The petition, and appeal to the Governor, is based on Washington state law that requires pollution sources to use the best available treatment technology. The 73-year old Washington state law, referred to as “AKART,” requires the use of “All Known, Available, and Reasonable Treatment” for pollution prior to its discharge.

NWEA’s petition details the widespread use of modern sewage treatment in the United States. For example, sewage treatment plants discharging to Chesapeake Bay and Long Island Sound have cut their nutrient pollution by almost 60 percent. In contrast, very few cities in the Puget Sound area use modern technology, and Ecology has only required one to do so—the LOTT treatment plant in Olympia.