Consider it better than nothing. And consider it too late for Clark County residents.
Gov. Chris Gregoire last week signed into law a bill that helps the state play hardball with owners of derelict vessels. The law, requested by Washington Public Lands Commissioner Peter Goldmark, will give local governments more legal protection in dealing with vessels that block navigation, damage passing vessels or release toxic pollutants.
Among the changes brought about by the new law:
A person who intentionally and without authorization causes a vessel to sink, break up or block navigation is subject to a misdemeanor charge.
Public entities that act in good faith to remove derelict vessels are immune from legal liability.
Local governments may contract with marinas to remove abandoned vessels.
The owner of a derelict vessel must reimburse a public agency for removal and disposal costs. If the owner is unknown or insolvent, the agency may seek reimbursement of up to 90 percent of its costs from the Washington Department of Natural Resources, which collects a surcharge on vessel registration.
The need for such legislation came into focus in recent months for the residents of Southwest Washington, a focus brought about by the saga of the Davy Crockett. Abandoned on the Columbia River near Camas, the 431-foot barge has been in the news since January, when it started leaking oil. The leaks began after the owner, Brett Simpson of Ellensburg, undertook salvage operations. Since then, the dismantling and cleanup of the barge has been under federal control.
Thus far, the salvage operation has cost $13 million, according to a recent Columbian story, and officials expect that figure to rise. The operation is being paid for by the Oil Spill Liability Trust Fund, a federal fund created by a tax on petroleum products. Simpson has not participated in the cleanup and is the subject of a federal criminal investigation.
Details of the salvage operation are complex, ranging from a cofferdam surrounding the vessel, to the filtering of millions of gallons of oil-infested water, to divers working in murky conditions with underwater torches to cut the barge into pieces.
The project brings clarity to the need for the updated law regarding abandoned vessels, even if the law won’t apply to the Davy Crockett because that project is under federal control.
Perhaps not since the New Carissa ran aground on the southern Oregon coast in 1999 has a ship garnered this much attention in the Pacific Northwest. The 639-foot freighter was grounded during a storm and subsequently broke into pieces. After years of debate and planning and suggestions that it could be turned into a tourist attraction, the vessel was cut into pieces and dragged out to sea. The freighter was not completely removed until 2008; the decade of drama turned the event into a piece of Northwest lore.
We can only hope that the Davy Crockett isn’t in our lives as long as the New Carissa was. Environmental hazards presented by leaking oil and the intricate cleanup efforts could be problematic, a potential disaster sitting just upstream from Vancouver. When the oil leak was noticed in January, the slick extended 15 miles downstream from the abandoned ship. By the time the Coast Guard took control of the project, damage to the vessel had caused it to buckle.
All of this, obviously, provided an impetus for the Legislature to unanimously pass the bill that Gov. Gregoire signed last week. And while the new regulations can do nothing to protect Clark County from the scourge of the Davy Crockett, perhaps they can prevent Washington communities from a similar drawn-out episode in the future.
