36 Charges Filed Against Dam Builder For Puyallup River Pollution

PUYALLUP, WA — Washington Attorney General Bob Ferguson has filed 36 criminal charges against Electron Hydro, LLC and its Chief Operating Officer, Thom A. Fischer, for a 2020 spill that dumped roughly 2,400 square yards of astroturf into the Puyallup River.

Last summer, Electron Hydro began work replacing an aging diversion dam on the Puyallup River. During the construction, crews left artificial turf in the dam's spillway, which in July broke free and washed the river with plastic and rubber debris. Crumb rubber has since been found up to 21 miles downstream of the construction site, and may have even made its way into Tacoma's Commencement Bay 41 miles away, the Department of Ecology said.

Previously, the Washington Department of Ecology fined Electron Hydro $501,000 for the spill.

Now, the state is looking to hold Fischer and his company criminally liable.

According to a news release from the Attorney General's Office (AGO), Fischer supervised the project while crews illegally used artificial turf in their construction and could spend between 90 and 364 in jail per change, depending on the charge. Fischer also faces fines for each count, some up to $10,000. Meanwhile, Electron Hydro faces fines of up to $250,000 for each of the 36 counts.

In a letter to the state submitted last fall, Fischer took responsibility for the spill and apologized for the incident, describing it as an unfortunate accident.

"It was expected that this turf would never make contact with the water of the river," Fischer wrote. " Unfortunately, the steep channel caused the turf to slide, thereby causing the liner to rip. This failure released field turf into the river, including an estimated 4-6 cubic yards of crumb rubber (produced from vehicle tires). While at the time it seemed needed to prevent greater problems, that choice was wrong."

Court documents show at least one employee tried to warn Fischer about the turf. According to probable cause documents submitted by the AGO, Mallory Voyk, a fish biologist for Electron Hydro, personally told Fischer and her supervisor that the turf's placement was unacceptable. The documents also note that Electron Hydro did not remedy the problem until it was ordered to do so:

"Electron Hydro and Thom Fischer discharged artificial turf and crumb rubber into the Puyallup River in Pierce County, Washington, for a total of fourteen days before receiving a Stop Work Order. Additionally, Electron Hydro first used the artificial turf without approval for a total of eighteen days before it received a Stop Work Order."

All 36 charges were filed Monday in Pierce County Superior Court. Charges include unlawful water pollution, violation of Pierce County code, and unlawful shoreline activities, among others.