Tacoma, WA – Bret A. Simpson, owner of Principle Metals, LLC, was sentenced to four months in prison on March 18, 2013, following a guilty plea to criminal violations of the Clean Water Act. The case, investigated by a multi-agency task force, stems from a series of oil spills originating from the derelict barge Davy Crockett in the Columbia River near Camas, Washington, in late 2010 and early 2011. The incident resulted in an $20 million, eight-month cleanup operation led by the U.S. Coast Guard.
According to court documents, Simpson knowingly initiated the dismantling of the former U.S. Navy vessel – converted to a flat deck barge – without first removing potentially thousands of gallons of fuel oil and diesel from its tanks. In October 2010, Simpson assembled a crew to begin scrapping the Davy Crockett, moored in the Columbia River. The first oil leak occurred on December 1, 2010, when a crew member breached a structural beam, releasing oil into the water. Critically, Simpson failed to report the spill to authorities, a key component of the criminal charge.
While Simpson initially attempted mitigation efforts – deploying a boom to contain the spill and assigning an employee to monitor the vessel – these measures quickly lapsed. The monitoring employee was soon removed from the task, and no further action was taken to secure the barge or address the ongoing threat. A subsequent movement of the barge in January 2011, caused by debris accumulation, unleashed further oil, prompting a Coast Guard administrative order for oil removal. Despite initial compliance, additional oil releases on January 27, 2011, necessitated a full-scale environmental response.
Legal Ramifications
Simpson pleaded guilty to two counts of violating the Clean Water Act: failing to report a discharge of oil (33USC1321(b)(3)) and unlawfully discharging oil into navigable waters (33USC1321(b)(3)). The failure to report offense carries a maximum penalty of five years imprisonment, while the unlawful discharge offense is punishable by up to one year in prison. In addition to the four-month incarceration, Simpson received eight months of home detention, 100 hours of community service, and a 36-month period of supervised release.
Investigation and Response
The investigation was a collaborative effort involving the Environmental Protection Agency Criminal Investigation Division (EPA-CID), 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 prosecution was handled by Assistant United States Attorney James Oesterle and Special Assistant United States Attorney Lieutenant Commander Marianne Gelakoska, both members of the U.S. Attorney’s Office environmental crimes working group. A detailed timeline of the cleanup efforts and materials removed from the water is available at the Washington State Department of Ecology website.
Key Facts
- Defendant: Bret A. Simpson, Owner of Principle Metals, LLC
- Location: Columbia River near Camas, Washington
- Dates of Spills: December 2010 – January 2011
- Violated Laws: Clean Water Act (33USC1321(b)(3)) – failure to report oil discharge and unlawful discharge of oil.
- Cleanup Cost: Approximately $20 million
- Sentence: 4 months incarceration, 8 months home detention, 100 hours community service, 36 months supervised release
- Vessel: M/V Davy Crockett, a former U.S. Navy flat deck barge
This case serves as a stark reminder of the environmental and legal consequences of neglecting proper procedures when dealing with potentially hazardous materials during salvage operations. Authorities emphasize the critical importance of reporting spills immediately and taking proactive steps to prevent environmental damage.
Source: EPA ECHO Enforcement Case Database
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