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Judge approves $1 million settlement over Puyallup River rubber spill

By Jim Brunner, The Seattle Times
Published: May 8, 2023, 5:43pm

SEATTLE — A judge has approved a $1 million settlement in a criminal lawsuit brought by the state Attorney General’s Office over a 2020 spill of rubber into the Puyallup River during a construction project at an old wooden dam.

The financial penalties for Electron Hydro were approved by Pierce County Superior Court Judge Philip Sorensen over the discharge of rubber that was torn loose from artificial turf the company used during a construction project.

Chunks of the turf padding, made of ground-up tire rubber that is toxic to fish when ingested, were found as far as 21 miles downriver after it was used without a permit to line a water-diversion channel.

As a part of the settlement, first announced in February and given final approval by Sorensen last week, Electron Hydro Chief Operating Officer Thom Fischer pleaded guilty to a gross criminal misdemeanor and received a suspended jail sentence.

The $1 million settlement includes $745,000 in restitution to the Puyallup Tribal Fisheries and $255,000 in fines paid to Pierce County, according to the Attorney General’s Office.

“This outcome directs critical resources toward restoring the Puyallup River from the damage cause by Electron Hydro’s criminal conduct,” Attorney General Bob Ferguson said in a news release Monday. “The Puyallup Tribe has been a steward of the Puyallup River for generations, and the Puyallup Tribal Fisheries is best positioned to preserve, restore and enhance the river.”

In a statement through an attorney Monday, the company said: “Thom Fischer and Electron Hydro are thankful that the state’s case is concluded, and pleased that restitution will be invested in fisheries enhancement on the Puyallup River.

“Electron looks forward to moving ahead with installation of fish and sediment exclusion facilities in the river to prevent harm to fish. The company would then return to providing renewable energy for the community while protecting and enhancing the fishery.”

A defense attorney representing Fischer earlier noted the attorney general had dropped all charges accusing Electron Hydro of intentionally violating its permits. The company pleaded guilty to an unintentional violation.

Electron Hydro’s 12-foot-tall wooden dam was built more than a century ago and once served about 20,000 hydroelectric customers. The rubber spill led to renewed calls for its removal on the river that is used by spring Chinook salmon and other fish protected under the Endangered Species Act.

In addition to the settlement with the Attorney General’s Office, Electron Hydro in 2021 was fined $501,000 by the state Department of Ecology for polluting the river.

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