PUYALLUP, Washington — In October 2020, the Puyallup tribe claimed that Electron Hydro, the hydropower company behind the Electron dam, had polluted the Puyallup River with crushed rubber from artificial turf. They later sued the company in federal court.

About eight months later, the Washington Department of Ecology announced that it would impose a fine of more than $500,000 on the company.

According to the department, the pollution was caused by a construction site of Electron Hydro, which was working in the river, and from July 28, 2020, artificial turf was used to construct a bypass channel to divert the river away from the site.

The goal of the construction is to replace the company's diversion dam and water intake structure dating back to 1903.

Almost immediately afterwards, the river rock broke through the lining, causing approximately 617 square yards of sports lawn and approximately 4 to 6 cubic yards of ground rubber to be discharged downstream.

The Ministry of Ecology stated that Electron Hydro did not report the incident, but a citizen stood up on July 30 and reported the use of sports turf and rubber crumbs.

Later, the company told the department that it had begun cleaning up turf materials on rivers and coastlines, and reported that it had placed 13,000 pounds in the landfill during the initial period of the cleanup.

However, even after a large section was torn in July, the remaining part of the lining and turf on the construction site remained on the construction site until the work was completed and the bypass was no longer needed.

According to the Ministry of Ecology, fragments of sports turf were found 21 miles downstream, and it is believed that the ground tire rubber deposits used as turf filler extend downstream all the way to the mouth of the river, and possibly into Tacoma’s Bay of Work .

"These toxic substances have no place in the river. The power of water tears the turf, washes it into the river, and sends it directly into the food web. This is an environmental tragedy that doesn't have to happen," the director of ecology Laura Watson said in a released statement.

Turf and crumb rubber are toxic when ingested by species known as the Puyallup River Homeland (such as hardhead trout, bull trout, and Chinook), which are protected by the Endangered Species Act.

In addition to the total fine of US$501,000, the Ministry of Ecology also issued an administrative order against Electron Hydro to address ongoing water quality violations related to the company’s operations.

Corrective measures include a water quality management plan, a water quality monitoring plan that monitors all water areas affected by the company's operations, and the submission of an annual water quality monitoring report.

An Electron Hydro spokesperson said the company will appeal to the Washington State Pollution Control Hearing Board within the next 30 days. 

The chairman of the Puyallup Tribal Council, Bill Struder, issued the following statement regarding the state’s actions:

"Today, the Ministry of Ecology fined Electron Hydro for discharging sports lawns into the Puyallup River. This is a good step to protect our water and the critically endangered sacred fish. 

"This is not the only step. We lose fish year after year. They start to live in the mountains, and then they are chewed by electronic dams. Those who survived go down the stream-now contaminated with rubber crumbs-and here they are. Gulf, where they are welcomed by multiple super fund sites. If they get there, they will pass through polluted waters into the ocean, where they are slaughtered by commercial fisheries and seals. 

"Enough. Fish don't care about fines and bank accounts. They care about safe, unobstructed passages and clean water. The dam must be demolished.

"This is our message to Electron Hydro: We will continue to protect and maintain these waters. I myself, the tribal committee and 6,000 Puyallup tribe members are watching you. 

"We are grateful to Ecology for its willingness to take the company's brutality seriously and hold it accountable, and to assume responsibility with its own discretionary mechanisms. The pollution of clean water in mountainous areas and the destruction of fish and wildlife homes have led to multiple actions by federal and state agencies In addition to the actions taken by Ecology today, the tribe expects EPA and other federal agencies to fulfill their trust obligations and hold Electron Hydro accountable in federal court."

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