Holding Polluters Accountable

We monitor sources of pollution to protect our communities and the waters we depend on.

The Salish Sea suffers from decades of pollution and habitat loss. Big polluters cause big harm, and our communities must continually work to protect local waters. At RE Sources, we play a vital role in making this happen. We sound the alarm on water pollution, equip community members with the tools to document and report potential pollution violations, advocate for stronger laws and regulations to safeguard our waters, public health and economy, and when necessary, take polluters to court.

It’s time our region stepped up efforts to fight pollution. The cost of cleaning up pollution far exceeds the cost of preventing it in the first place. That means moving towards a preventative approach to Salish Sea pollution in the coming years is critical, as human health and well-being, marine life, and vital sectors of Washington’s economy rely on clean water.

The problem

Pollution from industrial activity does not disappear — toxic substances and heavy metals persist, putting exposed marine life or people in harm’s way. Clean water is essential for economies across the planet, for drinking, for fishing, for just about everything.

Polluters continue to push the limits of their permits. Despite the Clean Water Act, industries can still legally discharge millions of pounds of pollution into the sound every year — which makes any illegal discharges all the more concerning.

With the federal government planning to make dramatic cuts to environmental programs, we need state and local leaders to keep Washington on track to reduce harmful toxic pollution in all communities across the state. Unfortunately, core state programs are already under tremendous pressure, are rarely funded permanently, and are at risk of continued budget cuts. Furthermore, our state agencies often do not have the personnel to monitor and enforce illegal discharges.

Industrial-scale livestock farming is also one of the leading causes of pollution to waterways nationwide, and a major cause of shellfish bed and beach closures in Washington state. Disease-causing bacteria and nitrates found in livestock manure have contaminated well water in Sumas and polluted the Nooksack River, Portage Bay, and other water bodies we depend on for food, drinking water, recreation, and our livelihoods. There are also several other sources of fecal coliform bacteria that pollute our waters including pet waste, smaller livestock farms, and leaking septic tanks.

Wastewater treatment plants are one of the biggest sources of oxygen-depleting nutrients to the Salish Sea; so much so that the Department of Ecology is in the process of developing a General Permit to regulate nutrients that come from these facilities. Excess nutrients have been linked to the decline of sea grasses and seaweed that are critical rearing habitat and food sources for many of our marine organisms.

Third parties are vital to monitoring pollution

It takes sustained, vigilant action by individuals, organizations and communities to watchdog polluting industries in the U.S. Pollution by businesses is regulated under a permit system, granting government-issued authorization to pollute the air or water. Permits limit the type and amount of pollution, and require industries to treat or capture as much pollution as is “reasonable.”

Third parties play a critical role in monitoring pollution permits to protect everyone’s water and air. Our staff scientists monitor Whatcom and Skagit waterways along with Discharge Monitoring Reports to check for accurate and timely reporting as well as pollution exceedances.  Our team also crafts thorough, deeply-researched comments that carry particular weight for government agencies when they’re updating regulations or considering offering permits.

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FAQs

We work to clean up historic pollution sources as well as current ones. If we find pollution, we start with reaching out to the source if it’s clear what and where it is. 

Our North Sound Baykeeper team identify issues via regular pollution patrols. We also check up on the status of pollution (discharge) permits, and we notify the polluting entity and well as the Department of Ecology that they’re violating their permit (polluting more than they’re allowed to, or failing to report).

Our staff doesn’t take legal action lightly. Whenever possible, we try working with a polluter and state agencies to improve their operations. If they’re unresponsive or the violation is egregious and willful, we may file a suit under the Clean Water Act and hope to come to a settlement agreement that results in them cleaning up their act and paying for the damages they’ve caused. RE Sources does not get funding from these settlements.

Nearly 50 years ago, many rivers and lakes were fouled by decades of pollution. The Cuyahoga River in Ohio was so polluted it caught on fire. The 1972 Clean Water Act helped turn the page, ushering in a new era of healthier waters for fishing, swimming and boating nationwide. Here in Washington State, the Department of Ecology is charged with enforcing the Clean Water Act.

One ​of ​the ​most ​important ​provisions ​of ​the ​Act ​allows ​private citizens the ​ability ​to ​hold polluters accountable ​when ​government ​is ​unwilling ​or ​unable ​to ​do ​so. ​Like ​many ​clean ​water advocates, ​RE ​Sources’ North Sound Baykeeper team ​uses ​this ​provision ​to ​take ​legal ​action to ​protect ​the ​waters ​of ​Whatcom ​and ​Skagit ​Counties ​and ​the ​larger Salish ​Sea ​from ​pollution ​that state ​and ​federal ​agencies ​fail ​to ​stop.

The Clean Water Act represented a huge step forward by requiring states to set clean water standards to protect uses such as swimming, fishing, and drinking, and for the regulation of pollution discharges.

Thanks to the Clean Water Act:

  • Billions of pounds of pollution have been kept out of rivers. 
  • The number of waters that meet clean water goals nationwide has doubled — with direct benefits for drinking water, public health, recreation, and wildlife. 
  • Healthier rivers support an outdoor recreation industry worth billions, delivering jobs and economic benefits to our communities.
  • Our families have safer places to enjoy the outdoors, from urban riverfront parks to fishing and boating in lakes and bays.

First and foremost, we don’t take Clean Water Act legal cases lightly. Legal action against polluters is an expensive, time-consuming process for us that we view as a last resort. When education, cooperation, and policy enforcement fail to protect our water resources, the North Sound Baykeeper turns to the Clean Water Act as a last resort for polluter accountability. And when we win a Clean Water Act suit against a polluter, we never see any money from that case. All the fines pay for restoration projects agreed upon by all litigants. 

See some recent examples of Clean Water Act settlements and where they went.

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One key way you can fight pollution

Potential sources of pollution aren’t always obvious. Is something on the ground near water that seems like it shouldn’t be? Is something other than water making its way down a storm drain? Even if you aren’t sure, you can post a photo of anything that seems like it shouldn’t be going into our waterways! Learn more about how the Water Reporter app works and download our guide for spotting pollution — anytime, anywhere. Download the Water Reporter app on Android or iOS.

Download the guide

Get in touch with our North Sound Baykeeper team!

Eleanor Hines, North Sound Baykeeper
Phone: (360) 733-8307 ext. 213 
Email: EleanorH@re-sources.org

Kirsten McDade, Pollution Prevention Specialist
Phone: (360) 220-0556
Email: KirstenM@re-sources.org

Comment examples

Our staff scientists and policy analysts take time to gather evidence and write carefully-researched comments on projects that threaten water quality, habitat, and human health. Below are a recent examples. They provide additional context, relevant science and other critical issues for agencies to consider on everything from rock mines to toxic cleanup sites.

The Washington State Department of Ecology is the delegated authority to enforce clean water standards. Stormwater and wastewater are permitted under the National Pollution Discharge Elimination System (NPDES) and encompass several different categories, including:

Stormwater General Permits — Stormwater is rain or snow that runs off of rooftops and paved streets, driveways, and parking lots that picks up pollutants along the way and transports them to local water bodies. Stormwater is the leading source of contamination in the Salish Sea

Other permits:

Bellingham waterfront:

Land development:

Filling in wetlands:

Environmental Justice: