Washington State Attorney General Bob Ferguson announced that Electron Hydro LLC and its Chief Operating Officer Thom Fischer pleaded guilty to a gross misdemeanor violation of operating an unlawful hydroelectric project.
The plea avoids a trial for Fischer and his company. At trial, he faced 30 gross misdemeanor charges the Attorney General’s Office filed in January 2022.
Electron Hydro operates a hydroelectric facility on the Puyallup River. In late July 2020, Electron Hydro workers placed artificial turf and crumb rubber that contain toxic chemicals into the riverbed. The company did not receive permission to use the field turf or crumb rubber on the project.
According to a statement from the Attorney General’s office, workers then diverted the river, which ripped the liner and caused toxic debris to flow into the river for two weeks. University of Washington-Tacoma Center for Urban Waters researchers tested samples of recovered field turf and crumb rubber and discovered that it contained chemicals found in tires, including one that is “extremely toxic” to coho salmon. Charges against the company included violations of the state’s Water Pollution Control Act, Fish and Wildlife Enforcement Code, Shoreline Management Act and Pierce County Code.
The Attorney General’s Office recommended a $1 million sentence that includes a restitution payment of $745,000 to protect the health of the river and a $255,000 fine that goes to Pierce County. The $745,000 will be directed toward projects to improve the health of the Puyallup River and restore salmon habitat. Ferguson’s office plans to work with the Puyallup Tribe to identify worthy projects.
Fischer also will serve two years of probation, with 364 days in jail suspended so long as Fischer does not violate the law again. Fischer agreed to accept this sentence. A Pierce County Superior Court judge must still agree to the terms of this plea. If approved, the Attorney General’s Office believes the $1 million would be the largest fine and restitution paid for an environmental crime in Washington state law history.
“Electron Hydro and Thom Fischer’s reckless conduct damaged this waterway and put species like salmon at risk,” Ferguson said. “My office will hold accountable any companies that pollute our rivers, put aquatic life at risk and endanger the health of communities.”
A hearing has been set for May 5 to determine Fischer’s sentence.
