In 2020, the Puyallup River was polluted. Now a hydroelectric dam operator must pay $1M
The operator of a hydroelectric dam on the Puyallup River and a key executive have been ordered to pay $1 million in fines and restitution after pleading guilty earlier this year to a gross misdemeanor related to a 2020 construction project’s pollution of the river.
Electron Hydro, LLC, was ordered Friday by Pierce County Superior Court Judge Philip Sorenson to pay $745,000 in restitution to the Puyallup Tribal Fisheries and $250,000 in penalties, according to a news release from the Washington State Attorney General’s Office, whose environmental protection division prosecuted the case.
Chief operating officer Thom Fischer was ordered to pay $5,000 in penalties. All penalties will be paid to Pierce County.
The fines and restitution, believed to be the largest ever for an environmental crime in Washington state law history, were recommended by the Attorney General’s Office in February, when a deal was struck on the day that Fischer’s trial was set to begin.
In 2022, the Attorney General’s Office filed 36 criminal charges against Electron Hydro and Fischer, including for violations of the state’s Water Pollution Control Act and Pierce County Code. The company and Fischer ultimately pleaded guilty to operating an unlawful hydraulic project. Fischer, who had faced nearly a year in jail, will avoid doing any time as long as he abides with terms of his sentence and doesn’t violate any laws.
In summer 2020, an Electron Hydro construction project spilled toxic debris into the river, where it flowed for 10 days, after a plastic liner ripped. The liner had been covering artificial field turf laced with crumb rubber — neither of which the company was permitted to use as part of the project, according to the Attorney General’s Office.
The crumb rubber contained a chemical that is highly toxic to coho salmon, the Attorney General’s Office said, and the Tribe found and removed turf from the river as late as March. Attorneys for Electron Hydro and Fischer had said there was no evidence that any fish were harmed by the spill.
In a statement Monday, Attorney General Bob Ferguson said the restitution “directs critical resources towards restoring the Puyallup River from the damage cause(d) by Electron Hydro’s criminal conduct.”
“The Puyallup Tribe has been a steward of the Puyallup River for generations, and the Puyallup Tribal Fisheries is best positioned to preserve, restore and enhance the river,” Ferguson said.
The Puyallup Tribe did not immediately respond to a message seeking a comment on Monday, which was a Tribal holiday, according to an automatic reply email from a Tribal spokesperson.
In February, attorneys for Electron Hydro and Fischer emphasized that the river was unintentionally polluted during a project to improve operations at the plant, which provides renewable energy to more than 20,000 customers in Pierce County.
In a statement Monday, an attorney representing the company and Fischer said that both were “thankful” that the state’s case had concluded and were “pleased that restitution will be invested in fisheries enhancement on the Puyallup River.”
“Electron looks forward to moving ahead with installation of fish and sediment exclusion facilities in the river to prevent harm to fish,” the statement read. “The company would then return to providing renewable energy for the community while protecting and enhancing the fishery.”
The Puyallup Tribe previously criticized the case outcome as falling short of accountability, saying in February that the pollution was intentional and that Electron Hydro and Fischer had ignored concerns from the company’s staff and biologist.
The end of the criminal matter related to the pollution does not resolve ongoing civil cases against Electron Hydro, according to the Attorney General’s Office.
This story was originally published May 8, 2023 at 12:38 PM with the headline "In 2020, the Puyallup River was polluted. Now a hydroelectric dam operator must pay $1M."
