WASHINGTON — Bret A. Simpson, the owner of
Principle Metals, LLC, was indicted by a federal grand jury with two violations
of the Clean Water Act. The grand jury charges that Simpson unlawfully
discharged oil into the Columbia River near Camas, Wash. Tacoma
According to the indictment, Simpson knew when
he purchased the M/V Davy Crockett, to sell the metal for scrap, that there
were tanks onboard the vessel containing thousands of gallons of fuel oil and
diesel fuel. Simpson assembled a crew to begin dismantling the M/V Davy
Crockett in the Columbia River in October
2010, but made no arrangements to remove the fuel oil and diesel fuel from the
vessel. On Dec. 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 LLC notified authorities about the
leak. The scrapping operation was halted.
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 approximately one week following the initial release before being relieved
of his employment. Simpson took no further steps to monitor the barge, or the
boom, and took no steps to protect the barge from additional structural damage.
On Jan. 19, 2011, the barge was moved and
additional oil was released. The U.S. Coast Guard responded, issuing 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.
If convicted of the charge of failing to report
the release, Simpson could face up to five years of imprisonment and a criminal
fine of no more than $250,000. If convicted of the charge of unlawfully
discharging oil to the river, Simpson could face up to three years of
imprisonment and a criminal fine between $5,000 - $50,000 per day of violation.
The charges contained in the indictment are
only allegations. A person is presumed innocent unless and until he or she is
proven guilty beyond a reasonable doubt in a court of law.
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. The
case is being prosecuted by Assistant United States Attorney James Oesterle and
Special Assistant United States Attorney Lieutenant Commander Marianne
Gelakoska of the U.S. Coast Guard.
More information on EPA’s criminal enforcement
program: http://www.epa.gov/compliance/criminal/index.html
Detailed information on the clean-up is
available here: http://www.ecy.wa.gov/programs/spills/incidents/DavyCrockett/DavyCrockett.html
Contact Information: Mark MacIntyre, EPA Public
Affairs – Seattle, 206-553-7302 macintyre.mark@epa.gov
Source: US
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