Environmental Groups Sue Over Puyallup River Debris

PUYALLUP, WA — Two environmentalist groups have filed a lawsuit against Electron Dam owners Electron Hydro LLC over their recent construction flub which dumped a significant portion of astroturf into the Puyallup River.

The lawsuit is the third Electron Hydro is now facing for the incident.

The newest suit comes from Citizens for a Healthy Bay and Puget Soundkeeper Alliance, and follows a similar suit in December from the Puyallup Tribe of Indians. As the two groups explain, Electron Hydro had been working on their dam last summer, when construction crews put down artificial turf in the dam's spillway. In late July, a large section of the turf broke free, washing the river with plastic and rubber debris.

Lisa Anderson, an attorney for the Puyallup Tribe told KIRO 7 there was "no way to retrieve that crumb rubber" and that it had become "embedded in the sediment."

Environmentalists say the pollution poses a significant threat to the struggling Chinook salmon population — which in turn could cause problems for the Southern Resident Orcas that rely on the Chinook for food.

The Tacoma News Tribune first broke the news on this newest suit. As they report, Electron Hydro is also being sued by the U.S. Department of Justice, who claim Electron did not have the work permits to use the turf pellets in the river.

The News Tribune spoke with Electron Hydro CEO Thom Fisher, who told them Electron's goal is to create a sustainable environment.

"We are trying to find solutions that don’t pollute the land, the air and the water," Fisher said.

Fisher earlier told the News Tribune that the upgrade had been made specifically to protect the fish: crews had been working on improvements to the dam's diversion system to make the dam easier for fish to pass through without getting caught.

This latest suit alleges that Electron broke the Clean Water Act by failing to obtain the correct certifications for their construction and maintenance work, and for the project's "illegal and unpermitted discharges."

"When I first read the story about the turf discharge into the river, my heart went out to the Puyallup Tribe," said Melissa Malott, executive director of Citizens for a Healthy Bay. "What’s happening at Electron Dam appears to be undermining the Tribe’s work to protect the salmon populations and fishery in the Puyallup River. That discharge appeared to be an egregiously brazen act of pollution, and Mr. Fischer and his companies must be held accountable for any illegal pollution and damage they have caused."

The suit aims to force Electron to take immediate action to reduce the environmental harm caused by any Clean Water Act violations. It also seeks to order Electron to pay civil penalties and their attorney's fees, among other payments.