WASHINGTON Bret A. Simpson, the owner of…
WASHINGTON — Bret A. Simpson, the owner of Principle
Metals, LLC, was indicted by a federal grand jury with two
violations of the Clean Water Act. The grand jury charges that
Simpson unlawfully discharged oil into the Columbia River near
Camas, Wash., between Dec. 3, 2010 and Jan. 28, 2011. The second
count charges Simpson with failing to notify authorities of the oil
discharge between Dec. 1, 2010 and Jan. 19, 2011. Simpson will be
summoned to appear for arraignment on the charges in U.S. District
Court in Tacoma on Oct. 14, 2011.
According to the indictment, Simpson knew when
he purchased the M/V Davy Crockett, to sell the metal for scrap,
that there were tanks onboard the vessel containing thousands of
gallons of fuel oil and diesel fuel. Simpson assembled a crew to
begin dismantling the M/V Davy Crockett in the Columbia River in
October 2010, but made no arrangements to remove the fuel oil and
diesel fuel from the vessel. On Dec. 1, 2010, a member of the
scrapping crew cut into a structural beam of the barge, and the
ship began breaking apart and leaking oil. Neither Simpson nor
anyone else with Principle Metals LLC notified authorities about
the leak. The scrapping operation was halted.
Simpson initially addressed the oil release by
ceasing all scrapping operations, procuring a boom to limit the
release of oil into the Columbia River, and directing an employee
to monitor vessel conditions. The employee monitored vessel
conditions for approximately one week following the initial release
before being relieved of his employment. Simpson took no further
steps to monitor the barge, or the boom, and took no steps to
protect the barge from additional structural damage.
On Jan. 19, 2011, the barge was moved and
additional oil was released. The U.S. Coast Guard responded,
issuing an administrative order for Simpson to remove any remaining
visible oil from machinery spaces and deck tubes together with
other salvage debris from the vessel. Simpson complied and
authorities believed the barge no longer posed an environmental
danger. However on Jan. 27, 2011, additional oil was released from
the vessel and state and federal authorities immediately responded
in an effort to limit environmental damage.
If convicted of the charge of failing to report
the release, Simpson could face up to five years of imprisonment
and a criminal fine of no more than $250,000. If convicted of the
charge of unlawfully discharging oil to the river, Simpson could
face up to three years of imprisonment and a criminal fine between
$5,000 - $50,000 per day of violation.
The charges contained in the indictment are only
allegations. A person is presumed innocent unless and until he or
she is proven guilty beyond a reasonable doubt in a court of
law.
The case is being investigated by the
Environmental Protection Agency Criminal Investigation Division,
the U.S. Coast Guard, the U.S. Coast Guard Investigative Service,
the Washington State Department of Ecology, and the Oregon
Department of Environmental Quality. The case is being prosecuted
by Assistant United States Attorney James Oesterle and Special
Assistant United States Attorney Lieutenant Commander Marianne
Gelakoska of the U.S. Coast Guard.
More information on EPA’s criminal
enforcement program: http://www.epa.gov/compliance/criminal/index.html
Detailed information on the clean-up is
available here:
http://www.ecy.wa.gov/programs/spills/incidents/DavyCrockett/DavyCrockett.html