According to a news release from the U.S. Department of Justice (DOJ), Western District of Washington, a federal grand jury has indicted the owner of Principle Metals LLC with two violations of the Clean Water Act. Bret Simpson, the owner of Principle, was charged with unlawfully discharging oil into the Columbia River near Camus, Wash., between Dec. 3, 2010 and Jan. 28, 2011.
The second count charges Simpson with failing to notify authorities of the oil discharge between Dec. 1, 2010 and Jan. 19, 2011. Simpson is scheduled to appear for arraignment on the charges in U.S. District Court in Tacoma on Oct. 14, 2011. The charges contained in the indictment are only allegations.
According to the indictment, Simpson knew when he purchased the barge M/V Davy Crockett in 2010 that tanks on the vessel contained several thousands of gallons of fuel oil and diesel fuel.
Principle Metals had planned to cut the barge apart and sell the metal for scrap. Simpson began dismantling the barge at its place of moorage in the Columbia River in October 2010. The DOJ alleges that Simpson made no arrangements to remove the fuel oil and diesel fuel from the vessel before scrapping began.
On December 1, 2010, a member of the scrapping crew cut into a structural beam of the barge, and the ship began breaking apart and leaking oil. Neither Simpson nor anyone else with Principle Metals notified authorities about the leak, says the DOJ. The scrapping operation was halted.
According to the indictment, Simpson initially addressed the oil release by ceasing all scrapping operations, procuring a boom to limit the release of oil into the Columbia River and directing an employee to monitor vessel conditions. The employee monitored vessel conditions for about one week following the initial release before being relieved of his employment.
On Jan. 19, 2011, an accumulation of debris next to the barge forced it to move, and additional oil was released. The Coast Guard responded to the additional movement of the barge, and issued an administrative order for Simpson to remove any remaining visible oil from machinery spaces and deck tubes, together with other salvage debris from the vessel. Simpson complied and authorities believed the barge no longer posed an environmental danger. However on Jan. 27, 2011, additional oil was released from the vessel and state and federal authorities immediately responded in an effort to limit environmental damage.
“This cleanup cost the United States taxpayers nearly $20 million,” says Tyler Amon, special agent in charge for EPA’s Criminal Investigation Division in Seattle.
The case is being investigated by the Environmental Protection Agency Criminal Investigation Division, the U.S. Coast Guard, the U.S. Coast Guard Investigative Service, the Washington State Department of Ecology, and the Oregon Department of Environmental Quality.
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