COMMISSION
AGENDA MEMORANDUM

Item No.

ACTION ITEM

Date of Meeting

DATE:

January 6, 2026

TO:

Stephen P. Metruck, Executive Director

FROM:

Elizabeth C. Black, Deputy General Counsel

8f
January 13, 2026

SUBJECT: Settlement Agreement with Department of Ecology
Amount of this request:

N/A

ACTION REQUESTED
Request Commission authorization for the Executive Director to execute a proposed partial
settlement agreement ("Agreement") with the Washington State Department of Ecology
("Ecology") resolving certain issues related to the administrative appeal of Ecology's 2025
industrial stormwater general permit.
EXECUTIVE SUMMARY
On December 2, 2024, Ecology issued the 2025 Industrial Stormwater General Permit (ISGP or
"Permit"), effective January 1, 2025. Various parties including Port of Seattle, Port of Tacoma,
and Northwest Seaport Alliance ("NWSA") (collectively, "the Ports") appealed various aspects of
the Permit to the Pollution Control Hearings Board.
Over the last year, counsel for the Ports, other appellants, and Ecology have engaged in
settlement discussions relating to many of the issues that were subject to appeal. The proposed
Agreement would resolve certain issues without the need for the additional time or expense of
litigation, including clarifying ambiguous language in the Permit, revising certain deadlines, and
addressing requirements for facilities with multiple drainage basins. The Agreement does not
affect the remaining issues raised in the appeal.
This matter was further discussed in privileged attorney-client communications. There are no
attachments to this memo.
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
January 6, 2026 - NWSA Managing Members approved the Agreement for NWSA

Template revised January 10, 2019.