Dismantling of Davy Crockett picking up speed
State agencies will have more authority to get tough with owners of abandoned or derelict vessels under a law signed this week by Gov. Chris Gregoire.
The law, requested by Washington Public Lands Commissioner Peter Goldmark, will give the state more muscle and local governments more legal protection in dealing with derelict ships that block navigation, damage passing vessels or release toxic air pollutants.
It won’t affect cleanup or liability issues surrounding the Davy Crockett, the leaking barge on the Columbia River between Vancouver and Camas, because cleanup of that project has been federalized under the management of the U.S. Coast Guard, in cooperation with Washington and Oregon environmental officials. Any decision to prosecute the owner of the Davy Crockett lies with federal prosecutors.
But the new law, which amends the state’s 2002 Derelict Vessel Removal Program, will apply to abandoned or leaking vessels on or above aquatic lands that are under the jurisdiction of the Washington Department of Natural Resources.
The new law makes the following changes:
It clarifies that a person who intentionally and without authorization causes a vessel to sink, break up or block navigation is subject to a misdemeanor charge.
It provides immunity from legal liability to public entities that act in good faith to remove derelict vessels under the provisions of state law.
It allows local governments to contract with marinas to remove abandoned vessels.
And it requires that the owner of a derelict vessel must reimburse a public agency such as a port, marina or local government for “reasonable removal and disposal costs.” If the owner is unknown or insolvent, it authorizes the agency to seek reimbursement of up to 90 percent of its costs from DNR. Ports, previously reimbursed for up to 75 percent of cleanup costs, now also are eligible for the 90 percent reimbursement rate. The funds for reimbursement come mainly from a $2 surcharge on vessel registrations and an additional $1 surcharge that expires in 2014.
The measure, Senate Bill 5271, passed both the House and Senate unanimously.
Kathie Durbin: 360-735-4523 or kathie.durbin@columbian.com.
