SAN FRANCISCO, CA – A former manager with Brusco Tug and Barge was sentenced to 21 months in federal prison this August for orchestrating a years-long scheme to illegally dump toxic and contaminated dredged spoils into the San Francisco Bay. Mark Guinn, 42, of Longview, Washington, was convicted in May 2010 of conspiracy to violate the Clean Water Act and one count of violating the Act itself, following a five-day jury trial. The case highlights a deliberate effort to circumvent environmental regulations in favor of expediency, potentially endangering marine life and water quality.
Evidence presented at trial demonstrated that Guinn, as general manager of Brusco’s Northern California branch, directed employees to discharge large quantities of dredged material directly into the bay from barges near Winter Island in Contra Costa County, California. Instead of properly offloading the material – a process that could take 12-18 hours – Guinn ordered crews to open the barge hulls and dump the contents, a process taking mere minutes. Testimony revealed some barges held nearly one million gallons of contaminated spoils.
Deliberate Disregard for Environmental Regulations
Prosecutors argued that Guinn’s actions were motivated by a desire to save time and money, prioritizing profit over environmental responsibility. The dumped dredged material was confirmed to be toxic and contaminated, requiring isolation from marine ecosystems under federal regulations. The illegal dumping began as early as 2003 and continued until 2007. Guinn not only conspired with employees but also participated in the dumping himself.
Co-Defendant and Company Penalties
Jeff Hedlund, a ship captain for Brusco Tug and Barge, pleaded guilty to a negligent violation of the Clean Water Act and was sentenced to two years of probation, 250 hours of community service, and a $2,500 fine. The company itself, Brusco Tug and Barge, previously pleaded guilty to a felony Clean Water Act violation and was fined $1.5 million, with $250,000 earmarked for environmental projects within the Bay. Brusco was also mandated to implement a comprehensive environmental compliance plan.
Legal Ramifications and Sentencing
Guinn was convicted on one count of conspiracy (18 U.S.C. 371) and one count of violating the Clean Water Act (33 U.S.C. 1319(c)(2)(A)). He was sentenced to 21 months of incarceration, three years of probation, 200 hours of community service (half dedicated to environmental work), and a $200 special assessment. He self-surrendered to begin his prison sentence on October 22, 2010. The investigation was a joint effort by the United States Coast Guard Investigative Service and the United States Environmental Protection Agency’s Office of Criminal Enforcement.
Key Facts
- Defendant: Mark Guinn
- Crime: Illegal dumping of contaminated dredged spoils into the San Francisco Bay
- Location: Winter Island, Contra Costa County, California
- Years Active: 2003 – 2007
- Statutes Violated: Title 18 U.S. Criminal Code, Clean Water Act (33 U.S.C. 1311(a), 33 U.S.C. 1319(c)(1)(A), 18 U.S.C. 371)
- Penalties: 21 months imprisonment, 3 years probation, 200 hours community service, $200 assessment
- Company Fine: Brusco Tug and Barge fined $1.5 million and required to implement environmental compliance plan.
“This case sends a clear message that those who prioritize profits over the health of our waterways will be held accountable,” stated Nick Torres, Special Agent in Charge of EPA’s Office of Criminal Enforcement in San Francisco. “The deliberate and systematic pollution of the San Francisco Bay was a serious offense, and this sentencing reflects the severity of that crime.”
Source: EPA ECHO Enforcement Case Database
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