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1 09/30/2011: Owner of 'Davy Crockett' Barge Indicted for Oil Spill on Columbia River Page 1 of 1 Newsroom News Releases By Date Owner of 'Davy Crockett' Barge Indicted for Oil Spill on Columbia River Release date: 09/30/2011 Contact Information: Mark Maclntyre, EPA Public Affairs Seattle, macintyre.mark@epa.gov 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, The second count charges Simpson with failing to notify authorities of the oil discharge between Dec. 1, 2010 and Jan. 19, Simpson will be summoned to appear for arraignment on the charges in U.S. District Court in Tacoma on Oct. 14, According to the indictment, Simpson knew when he purchased the MN 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 MN 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. ak Search this collection of releases I or search all news releases ED Get when we issue news releases View selected historical Dress releases from 1970 to 1998 in the EPA History website. Recent additions 10/17/2011 EPA and GSA Regional Administrators tour GEEP E-Waste Facility in Durham, NC 10/17/2011 Oregon Seafood company fined for failing to track ozone-depleting refrigerants 10/17/2011 EPA Marks 25th Anniversary of EPCRA 10/17/2011 Tillamook Dairy Owner to Preserve Hoauarten Slough Wetlands 10/17/2011 EPA Administrator Jackson, Senator Lautenberg and Senator Menendez Mark 25th Anniversary of Toxics Right to Know Law 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: Detailed information on the clean-up is available here: htto:// aesleive pm News Releases Apt9fnatibally by Print As-Is Last updated on Tuesday, October Share doi,icte.us Pacebook reddit StunibleUpon What is this? /18/2011

2 Presented to the Court by the foreman of the Grand Jury in open Court, in the presence of the Grand Jury and FILED in the U.S. DISTRICT COURT at Seattle, Washington. EA 2-20 // OL, Clerk Deputy UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, V. BRET A. SIMPSON, Plaintiff, Defendant. INDICTMENT The Grand Jury charges that: A. Introduction At all times relevant to this Indictment: 1. BRET A. SIMPSON was a governing person, owner and operator of Principle Metals, LLC, a limited liability company registered in the State of Washington. Principle Metals, LLC was engaged in the business of reclaiming metal by conducting salvage operations on derelict vessels, vehicles and other equipment. 2. In June 2010, BRET A. SIMPSON, acting on behalf of Principle Metals, LLC, negotiated the purchase of the marine motor vessel DAVY CROCKETT. The M/V CROCKETT was a 430-foot long World War II era marine vessel moored in the Columbia River near Camas, Washington. It had been converted to a flat barge. Several thousand gallons of fuel oil and diesel fuel remained in tanks on the vessel at the time ownership was transferred to Principle Metals, LLC. BRET A. SIMPSON was provided INDICTMENT/SIMPSON 1

3 both verbal representations and written documentation referencing the fuel oil and diesel fuel before sale of the MN CROCKETT to Principle Metals, LLC was finalized. 3. Beginning in or about October 2010, BRET A. SIMPSON assembled and tasked a crew of employees to begin dismantling the MN CROCKETT at its place of moorage in the Columbia River. Scrapping operations undertaken under the direction of BRET A. SIMPSON included removing metal from the MN CROCKE I 1 for anticipated sale to steel companies for reuse. BRET A. SIMPSON did not remove the previously identified fuel oil and diesel fuel before scrapping operations began. 4. On or about December 1, 2010, an employee conducting scrapping 10 operations cut a steel structural beam, compromising the structural integrity of the MN ii CROCKETT. The vessel began to break at mid-ship as water from the Columbia River 12 entered exposed voids in the vessel. Oil from the vessel was released to the water. BRET 13 A. SIMPSON was informed of the break and subsequent release of oil. Neither BRET A. 14 SIMPSON, nor anyone else acting on behalf of Principle Metals, LLC, reported the break 15 or subsequent release of oil to government authorities. 16 5, BRET A. SIMPSON initially addressed the release incident by ceasing all 17 scrapping operations on the M/V CROCKETT, procuring a boom to limit the release of 8 oil into the Columbia River, and directing an employee to monitor vessel conditions. The 19 employee monitored vessel conditions for approximately one week following the release 20 incident before being informed by BRET A. SIMPSON that his services were no longer 21 needed. BRET A. SIMPSON took no further steps to monitor the vessel or protect it 22 from natural forces and further structural damage On or about January 19, 2011, river debris accumulating alongside the MN 24 CROCKETT caused the vessel to shift resulting in further releases of oil to the Columbia 25 River. Coast Guard authorities alerted to movement of the vessel responded to the MN 26 CROCKETT. An Administrative Order was issued to BRET A. SIMPSON, as owner of 27 the MN CROCKETT, directing him to remove oil identified in tubes on the deck level, 28 oil identified in fuel tanks near the void created by the break, and some miscellaneous INDICTMENT/SIMPSON 2

4 materials associated with the abandoned salvage operations. BRET A. SIMPSON 2. complied with the Order. Based on representations made by BRET A. SIMPSON, it was 3 believed that the MN CROCKETT no longer posed a pollution risk On or about January 27, 2011, government officials received reports of an oil release on the Columbia River approximately fourteen miles downriver from the MN 6 CROCKETT. The MN CROCKETT was subsequently identified as the source of the 7 release. 8 B. Legal Framework 9 8. The Federal Water Pollution Control Act (hereinafter known as the "Clean 10 Water Act"), Title 33, United States Code, Section 1251, et seq., was intended to restore 11 and maintain the chemical, physical, and biological integrity of the Nation's waters. 12 Among other things, the Clean Water Act prohibits discharges of oil or hazardous 13 substances into or upon navigable waters of the United States or the adjoining shorelines. 14 It is a crime for any person to discharge oil into or upon navigable waters in such Is quantities as may be harmful The Clean Water Act defines a "discharge" to include any spilling, leaking, 17 pumping, pouring, emitting, emptying or dumping. 33 U.S.C. 1321(a)(2). "Oil" is 18 defined under the Act to include oil of any kind or in any form, including, but not limited 19 to, petroleum, fuel oil, sludge and oil refuse. 33 U.S.C. 1321(a)(1) Federal regulations promulgated under the Clean Water Act define a 21 "harmful quantity" of oil as including any discharge causing a film or sheen upon or 22 discoloration of the surface of the water or adjoining shorelines or causing a sludge or 23 emulsion to be deposited beneath the surface of the water or adjoining shorelines C.F.R III 26 /// 27 /// 28 /1/ INDICTMENT/SIMPSON 3

5 C. The Offenses herein. COUNT ONE (Clean Water Act/Uri4 Nful Discharge) 11. Paragraphs 1 through 10 are realleged in their entirety as if fully stated 12. Beginning on or about December 3, 2010, and continuing through on or about January 28, 2011, within the Western District of Washington, BRET A. SI SON knowingly discharged, or caused to be discharged, oil in such quantities as may be harmful into or upon navigable waters of the United States, by conducting and directing metal salvage operations on the MN DAVY CROCKETT as the vessel lay moored in the Columbia River on the northern shore near Camas, Washington, where said salvage operations substantially compromised the structural integrity of the MN DAVY CROCKETT leading to the release of oil from the vessel and entry of the oil into or upon the Columbia River. All in violation of Title 33, United States Code, Sections 1321(b)(3) and 1319(c)(2)(A), and Title 18, United States Code, Section herein. COUNT TWO (Clean Water Act/Failure to Report) 13. Paragraphs 1 through 10 are realleged in their entirety as if fully stated 20 14, Beginning on or about December 1, 2010, and continuing to on or about 21 January 19, 2011, BRET A. SIMPSON failed to immediately notify the appropriate 22 agency of the United States government of a discharge of oil as soon as he had knowledge 23 of the discharge. Specifically, BRET A. SIMPSON was in charge of the motor vessel 24 DAVY CROCKETT on or about December 1, 2010, when metal salvage operations being 25 undertaken under his supervision substantially compromised the vessel's structural 26 integrity, leading to the release of oil and causing the discharge of a harmful quantity of 27 oil into or upon the Columbia River. BRET A. SIMPSON did not notify the 28 INDICTMENT/SIMPSON 4 (206)

6 United States Coast Guard, or any other agency of the United States government, immediately upon learning of the discharge. All in violation of Title 33, United States Code, Section 1321(b)(5). Al RUE BILL: DATED: (Signature offoreperson redacted pursuant to the policy of the Judicial Conference of the United States) 9 10 FOREPERSON CARL BLACK "TO Assistant United States Attorney ! 10, e SDTS ST E ssistant United States Attorney 11 DR MARIANNE GELAKOSKA ecial Assistant United States Attorney INDICTMENT/SIMPSON 5

Case 2:08-cv RTH-PJH Document 1 Filed 06/24/08 Page 1 of 12 PageID #: 1

Case 2:08-cv RTH-PJH Document 1 Filed 06/24/08 Page 1 of 12 PageID #: 1 Case 2:08-cv-00893-RTH-PJH Document 1 Filed 06/24/08 Page 1 of 12 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION ) UNITED STATES OF AMERICA