Those of us at Save the Waterfront have been looking for a "hook" on which to hang the Port and ABC Recycling, a way to force them to finally submit to a SEPA evaluation. So far, ABC had avoided this requirement by being defined by the City and the Port as a cargo storage facility, which has categorical exemption from SEPA evaluation.

But when they were flagged on a DOE inspection in 2022 for operating without an Individual Industrial Stormwater Permit, they were forced to apply for one. And in filling out the form for an Individual Stormwater Permit, they had to truthfully identify themselves as a “RECYLABLE MATERIAL MERCHANT WHOLESALER” dealing in “SCRAP AND WASTE MATERIALS."

What was missing, and no one wanted to talk about, was the absence of an application, or any back-up documentation, that was required for any of their activities at the Port, whether incorrectly described as “Cargo Storage” or correctly as “Recycling.” We think a Wastewater Permit application, which commits them to an accurate description of their activities under the NAICS (North American Industrial Classification System), is the “hook” we need to finally subject them to a SEPA evaluation.

When compared to the cargo storage facility, the recycling business is a new industrial activity: It was not anticipated, is unreviewed by any prior Environmental Impact Statement, and requires a Conditional Use Permit. Is someone, or maybe everyone, trying to hide a big hole in this process? Scott Jones, Rebecca Craven, and Claudia Newman (Bricklin and Newman, specializing in environmental law) have written a letter to the Department of Ecology requesting an evaluation. The letter, in Files below, outlines the issues, requirements, and responsibilities of the parties. It also closes possible escape routes ABC could use to avoid environmental scrutiny.

Because the Department of Ecology is not only empowered, but obligated by the State Environmental Protection Act, we are calling on them to require a full SEPA review encompassing all aspects of ABC Recycling’s activities including air, water, and noise pollution.

Note: The letter from Save the Waterfront is a long read, but worth your time for the clarity it brings to what has gone wrong on the waterfront.