Dam company, executive that polluted Puyallup River plead guilty to gross misdemeanor
The operator of a hydroelectric dam on the Puyallup River and a key executive face paying $1 million in fines after pleading guilty Monday to a gross misdemeanor in connection to pollution of the river that stemmed from a construction project in 2020.
Electron Hydro, LLC’s and chief operating officer Thom Fischer’s plea of operating an unlawful hydraulic project still must be approved by a Pierce County Superior Court judge. If approved, it would solidify what is believed to be the largest fine and restitution for an environmental crime under state law in Washington’s history, according to Attorney General Bob Ferguson’s office.
The plea came as Fischer’s trial was set to kick off Monday, where he faced 36 gross misdemeanor charges related to environmental violations and nearly a year in jail. Instead, Fischer could be sentenced to two years of probation and avoid any jail time as long as he doesn’t violate the law again, according to the Attorney General’s Office, which announced the plea.
Sentencing was set for May 5, court records show.
“Electron Hydro and Thom Fischer’s reckless conduct damaged this waterway and put species like salmon at risk,” Ferguson said in a news release. “My office will hold accountable any companies that pollute our rivers, put aquatic life at risk and endanger the health of communities.”
The case was prompted by a construction project more than two years ago. Toxic debris spilled into the river, where it flowed for two weeks, after a plastic liner ripped. The liner had been covering artificial field turf laced with crumb rubber. The company was not permitted to use the turf or rubber as part of the project, according to the Attorney General’s Office.
Electron Hydro was subsequently charged with multiple environmental violations, including against the state’s Water Pollution Control Act and Pierce County Code.
In a statement Monday, attorneys for Electron Hydro and Fischer emphasized that the pollution was unintentional and that the liner had been intended to safeguard the river and construction workers involved in the project to improve operations at the plant, which provides renewable energy to 20,000-plus customers in Pierce County.
“Electron Hydro and I are glad to put this unfortunate and entirely unintentional incident behind us and to return our focus and attention to completing needed upgrades to our facility,” Fischer said in a statement. “We plan to continue to provide clean energy to our customers, remaining ever mindful of the fragile ecosystem in which we are privileged to go to work each day. The lessons learned from this accident in July 2020 will not be forgotten.”
Turf and rubber samples recovered by researchers at the University of Washington-Tacoma Center for Urban Waters were tested and discovered to contain chemicals found in tires — one that is “extremely toxic” to certain salmon. Attorneys for Electron Hydro and Fischer said there was no evidence that any fish had or will be harmed by the spill.
“Indeed, the State’s own toxicology expert conceded that the materials released into the river were extraordinarily unlikely to cause acute harm to fish, including salmon,” the defendants’ attorneys said in their statement.
The Attorney General’s Office is recommending $745,000 in restitution to be put toward projects improving the river’s health and restoring salmon habitat. A $255,000 fine recommended by the office would go to Pierce County. The office said it plans to work with the Puyallup Tribe to identify projects worth funding.
The Tribe on Monday expressed gratitude to the Attorney General’s Office for its work on the case but said in a statement that the result fell short of reaching accountability.
The Tribe argued that Electron Hydro and Fischer intentionally polluted the river and ignored concerns from the company’s staff and biologist.
“Had it not been for one contract worker, his cell phone and social media, the residents of Washington might have never known that this had happened and who was responsible,” the Tribe said.
Large pieces of turf were still being found by the Tribe’s biologists, according to the Tribe.
“A token of dollars won’t bring back salmon or habitat,” the Tribe said, adding that the Electron Hydro dam “remains one of the biggest salmon threats in south Puget Sound.”
This story was originally published February 27, 2023 at 1:50 PM.
