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By Gene Johnson

The Associated Press

SEATTLE 鈥� A company that operates a century-old hydroelectric dam near Mount Rainier National Park and its chief operating officer on Monday each pleaded guilty to a single criminal count in connection with聽a spill of artificial turf聽and the tiny rubber particles used to make it into the Puyallup River in 2020.

The company, Electron Hydro LLC, also will pay $1 million that mostly will go to projects to restore salmon habitat.

The Puyallup Tribe of Indians, which has treaty rights to fish in the river, blasted the plea deal, saying it 鈥渄oesn鈥檛 come close to accountability鈥� and noting that its biologists continue to find chunks of artificial turf and rubber beads in the river.

鈥淭his is a mere operating expense for the company,鈥� the Tribal Council stated. 鈥淭he health of our people and the residents of Washington is worth a lot more than that.鈥�

Washington Attorney General Bob Ferguson聽initially 聽against Electron and Chief Operating Officer Thom Fischer, saying they discharged pollutants and intentionally violated a permit when they used old artificial turf as a liner during a construction project. The dam, built southeast of Tacoma in 1904, provides electricity to 20,000 customers.

The turf was placed in a temporary bypass channel during summer 2020 and then topped with a plastic liner so the river could be diverted, allowing for construction work on the dam. But one night the liner tore, sending large amounts of the turf downstream.

One of the turf鈥檚 key materials, black rubber particles made from recycled tires to help provide cushioning for the playing surface, lined the shore for miles. It contains a chemical that is especially toxic to coho salmon.

Fischer and Electron Hydro each pleaded guilty in Pierce County Superior Court to one count of unintentionally violating a permit issued by the Washington Department of Fish and Wildlife. They argued that it was not clear that they weren鈥檛 supposed to use artificial turf in the project; that assertion was disputed by the state.

The Attorney General鈥檚 Office noted that the company鈥檚 own biologist, Mallory Voyk, had warned Fischer days before the spill that the use of artificial turf was unacceptable because the rubber could make its way into the river. The company said it never intended for the turf or the rubber to touch water, but rather only the plastic liner over it.

Judge Philip Sorenson earlier this month dismissed some of the charges against Electron Hydro and Fischer. After the judge suggested that the state was being 鈥渉eavy-handed鈥� when it pursued the case as a criminal matter rather than an administrative one, the sides reached a plea deal, with the state dropping allegations that the violation was intentional.

鈥淓lectron Hydro and I are glad to put this unfortunate and entirely unintentional incident behind us and to return our focus and attention to completing needed upgrades to our facility,鈥� Fischer stated on Monday. 鈥淲e plan to continue to provide clean energy to our customers, remaining ever mindful of the fragile ecosystem in which we are privileged to go to work each day.鈥�

The misdemeanor charge can carry up to a year in jail, but the state agreed to not recommend any jail time for Fischer, said his attorney, Angelo Calfo. Sentencing is set for May 5.

In an email sent Monday, Ferguson said he created an environmental protection division in his office to 鈥渢ake on bad actors who endanger our shared environment.鈥�

鈥淓lectron Hydro and Thom Fischer鈥檚 reckless conduct damaged this waterway and put species like salmon at risk,鈥� Ferguson said. 鈥淢y office will hold accountable any companies that pollute our rivers, put aquatic life at risk and endanger the health of communities.鈥�

The company previously in a settlement with the Washington State Department of Ecology. Related lawsuits brought by the U.S. Environmental Protection Agency and the Puyallup Tribe are set to go to trial in the fall.

Of the $1 million being paid by Electron Hydro, $745,000 will go toward projects to improve the river鈥檚 health, according to the Attorney General鈥檚 Office. The remainder will be paid to Pierce County.