CHB Reaches Clean Water Act Settlement with TEMCO, LLC at Commencement Bay
Communities for a Healthy Bay Reaches Clean Water Act Settlement to Strengthen Protections at Commencement Bay Grain Terminal
Tacoma, WA (February 4, 2026)–Communities for a Healthy Bay (CHB) has reached a Clean Water Act settlement with TEMCO, LLC, a grain export terminal on Commencement Bay, that will strengthen stormwater controls, reduce industrial pollution, and invest in environmentally beneficial projects across South Puget Sound. The settlement resolves a lawsuit CHB filed in federal court and is formalized through a consent decree signed by a federal judge.
Under the consent decree, TEMCO will work with qualified engineers to evaluate and implement measures to reduce or eliminate grain and visible grain dust pollution, as well as address onsite sources of zinc that could enter stormwater discharges from the facility. Required actions include updated on-site practices, revisions to its Stormwater Pollution Prevention Plan, expanded sampling, and information sharing with CHB to improve transparency in stormwater monitoring and reporting.
A central element of the settlement could shape future environmental oversight of grain terminals in Washington State by addressing pollution pathways that have not previously been covered under existing permits. TEMCO will conduct a detailed engineering study to determine whether complete elimination of grain and visible grain dust discharges is feasible for the facility and to evaluate additional measures that could improve grain and visible grain dust control.
If complete elimination is not feasible or if TEMCO chooses not to implement elimination measures, the settlement requires TEMCO to implement additional controls to reduce grain and grain dust pollution from the facility and to seek Clean Water Act permit coverage from the Washington State Department of Ecology.
To CHB’s knowledge, this type of Clean Water Act permit does not currently exist in Washington State. By requiring permit coverage for these discharges, the settlement could enable Ecology to develop the state’s first grain-specific discharge permit, helping set clearer expectations for how grain export facilities manage pollution and creating a framework that could be applied to similar facilities statewide and beyond.
“This settlement is about protecting water quality in Commencement Bay and ensuring industrial facilities are held to clear, enforceable standards,” said Melissa Malott, Executive Director of Communities for a Healthy Bay. “It requires real changes in how pollution is managed today and could help establish stronger expectations for how grain terminals operate across Washington.”
The agreement also includes $320,000 in environmental benefit funding to support water quality and habitat restoration projects through Nisqually Land Trust.
“We are so grateful for this partnership with Communities for a Healthy Bay,” said Jeanette Dorner, Executive Director of Nisqually Land Trust. “These funds will help us restore significant shoreline habitat on the Key Peninsula at a property where we hold a permanent conservation easement. This restoration will improve habitat for forage fish, salmon, and other wildlife that depend on healthy Puget Sound shorelines.”
Emma Bruden and Paul Kampmeier of Kampmeier & Knutsen, PLLC represented CHB in this matter. A proposed consent decree was filed in federal court on December 8, 2025, and approved on January 30, 2026 following review by the U.S. Department of Justice and the U.S. Environmental Protection Agency. The agreement is now legally binding.
CHB will actively monitor implementation of the settlement and continue using science, advocacy, and enforcement to ensure industrial activities on Commencement Bay meet clean water standards that protect people, wildlife, and the future of South Puget Sound.