Tacoma, WA – on May 11, 2023, Communities for a Healthy Bay, a leading environmental group dedicated to protecting and restoring the waters of Commencement Bay and surrounding areas, announced it has filed a lawsuit against Tyee Marina LLC, Tyee Properties, LLC, and William Bradbrook (“Tyee”). The lawsuit aims to enforce the Clean Water Act’s prohibition on discharging pollutants to surface waters without the required permit.

CHB’s lawsuit against Tyee alleges that the facility has been discharging pollutants into surrounding waters in violation of the Clean Water Act in two ways. First, CHB alleges Tyee discharges pollutants from areas where it stores various materials on or near a beach at or near the Facility. CHB alleges Tyee transports materials such as floats, dock materials, polystyrene, plastic, nets, rope, fencing, garbage, concrete, wood, and metal to the beach and shoreline using discernible conveyances such as trucks, cars, boats, and containers, and that those materials then add pollutants to waters of the United States when the areas are inundated by Puget Sound at higher tides or through other means. Such discharges without the required permit are in direct violation of Section 301(a) of the Clean Water Act.

Second, CHB alleges Tyee is discharging pollutants to surface waters from vessels, barges, segments of former bridges or roads, and other floating crafts used as breakwaters at the Facility. CHB asserts that the deteriorating condition of these structures contributes pollutants such as rust and paint to Puget Sound and Commencement Bay. Additionally, CHB alleges that Tyee stores polystyrene, concrete, debris, and garbage on these breakwaters, which also ultimately find their way into Puget Sound and Commencement Bay. These discharges are also in violation of the Clean Water Act as vessels and floating crafts are classified as point sources, requiring authorization from an NPDES permit.

CHB believes these discharges have caused significant harm to the local aquatic ecosystem, potentially endangering the health of marine life and undermining water quality in Commencement Bay and its adjacent areas.

“The health of our waters is paramount to the well-being of our communities and the sustainability of our environment,” says Melissa Malott, Executive Director of Communities for a Healthy Bay. “We believe Tyee Marina has polluted Commencement Bay for years with deteriorating docking; releasing Styrofoam and debris into the bay; and, despite our efforts to engage in discussion on a site improvement plan and weekly maintenance, they chose not to take action even though we communicated our concerns to them. By taking legal action against Tyee Marina, we are standing up for the health and vitality of Commencement Bay and the Puget Sound, to help make them safer and more resilient for future generations.”

Communities for a Healthy Bay is committed to protecting and preserving the waterways in Pierce County and ensuring compliance with environmental regulations. This lawsuit against Tyee Marina seeks to hold them accountable for their actions and protect the ecological health of Puget Sound and Commencement Bay.

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About Communities for a Healthy Bay

Communities for a Healthy Bay is a community-based, environmental non-profit whose mission is to engage people in the cleanup, restoration and protection of Commencement Bay and surrounding waters of the South Sound. CHB’s work is driven by a passion for the natural environment and our community; by a steadfast commitment to good science, strategic action, and organizational excellence; and by a conviction that together we can accomplish more.