The Washington State Attorney General filed 36 gross misdemeanor charges against Electron Hydro LLC and its chief operating officer, Thom A. Fischer, for alleged water pollution violations.
Electron Hydro produces electricity at Electron Dam, about 23 miles southeast of Tacoma, Wash., by diverting water from the river 10 miles through an elevated flume then back to the river through a 26 MW powerhouse. Electron Dam was built in 1904 and Electron Hydro bought it in 2014.
The criminal charges stem from a construction project updating Electron Dam during the summer of 2020. Electron Hydro, under the supervision of Fischer, was alleged to have placed artificial field turf containing crumb rubber onto the riverbed and dam as part of a temporary bypass channel. The complaint said Electron Hydro estimated it placed about 2,400 square yards of turf material that contained 16 to 18 cubic yards of crumb rubber, then covered the field turf with a plastic liner and diverted the river over it. The company allegedly did not receive permission to use the field turf or crumb rubber on the project.
Days after the material was placed, the liner ruptured and artificial turf and crumb rubber were discharged into the Puyallup River, the complaint alleged. In early August 2020, the company received a stop work order from Pierce County and the U.S. Army Corps of Engineers. The river remained diverted until the end of October 2020.
Hydro Review contacted Electron Hydro and received this comment: “The Washington State Office of Attorney General has filed misdemeanor criminal charges against Electron Hydro, LLC and Thom Fischer, in connection with the accidental release of inorganic construction material into the Puyallup River in July of 2020. The company has been working cooperatively with state and federal authorities since the incident. As the company previously advised the Attorney General and community stakeholders, at no time did the company intend to adversely impact the Puyallup River or its aquatic inhabitants in connection with the construction work the company was authorized by local, state and federal officials to pursue. The company is in the process of reviewing the materials filed by the Attorney General’s Office of which the company was afforded no prior notice.”
The Puyallup River is home to nine salmonid species, including chinook salmon, coho salmon, chum salmon, pink salmon, sockeye salmon, steelhead trout, bull trout, mountain whitefish, and cutthroat trout. The court filing notes University of Washington-Tacoma Center for Urban Waters researchers tested samples of recovered field turf and crumb rubber and found that it contained chemicals found in tires, including one that is “extremely toxic” to coho salmon.
Each of the 36 charges, filed in Pierce County Superior Court, are against both Fischer and the business. The charges include violations of the state’s Water Pollution Control Act, Shoreline Management Act and Pierce County Code.
If convicted, Fischer faces a maximum penalty of 90 days or 364 days in jail for each count, depending upon the charge. Additionally, Fischer could face fines of up to $1,000, $5,000 or $10,000 for each count, depending upon the charge.
As a business entity, Electron Hydro faces a maximum penalty of $250,000 for each of the 36 counts. The Attorney General’s Environmental Protection Division is prosecuting the case.
