Alaska hatchery to pay USD 1 million over employee's jet fuel burns

Prince Willam Sound Aquaculture Corporation agreed to pay USD 1 million (EUR 1.01 million) as part of a plea deal with the U.S. government

The Cordova, Alaska, U.S.A.-based operator of two salmon hatcheries recently pleaded guilty to illegal disposal of hazardous waste and agreed that the burning of fuel led to the serious injury of an employee, identified as “C.F.” in court documents.

At a sentencing hearing on 9 November in the U.S. District Court for the District of Alaska, PWS Aquaculture agreed to pay USD 550,000 (EUR 557,000) in restitution to C.F. and will pay a fine of USD 450,000 (EUR 456,000).

“The defendant agrees that the improper disposal of hazardous waste directly led to the injuries sustained by C.F.,” the plea agreement said.

The case stems from an incident at PWSAC’s Cannery Creek Hatchery in Unakwik Inlet, Alaska. Over time, the site accumulated various waste oil, fuel, and chemical products left over from hatchery operations, Assistant U.S. Attorney Jennifer Ivers wrote in the plea agreement.

In July 2018, Cannery Creek Hatchery Maintenance Manager Michael

Tompkins directed two employees to dispose of four 55-gallon drums containing a mixture of waste oil and jet fuel by burning the drums on the site’s open burn pit.

“He instructed them to distribute one 55-gallon drum of jet fuel amongst three other 55-gallon drums containing waste oil, leave the bung holes on the drums open, place the drums on the fire, and puncture the drums to increase air flow during the burning,” the agreement said.

The employees placed the first drum on the lit fire using a front loader with a fork attachment, and one of the employees – victim C.F. – punctured it with a pickaxe.

“He then determined the practice was too dangerous to perform on the other drums,” the agreement stated.

The employees then placed two more drums on the fire. At one point, a drum rolled off the fire, and they attempted to throw it back on the fire using their hands, before managing to place it on the fire with the loader. They were not wearing any personal protective equipment.

After placing three of the drums on the fire, they took a break and left the area. C.F. subsequently returned to the burn pit. One of the drums on the fire fell over towards him. Jet fuel spilled from the open bung hole and ignited, severely burning him.

C.F. was evacuated off-site and ultimately underwent extensive burn care.

“His injuries resulted in disfiguring scars on his face, neck, and hands, as well as mental health impacts,” Ivers stated. C.F.’s injuries resulted in earnings loss and life care costs of at least USD 580,951 (EUR 588,000) and as high as USD 805,663 (EUR 816,000).

The company had a history of mishandling fuel, according to the plea agreement. In 2013, Cannery Creek Hatchery had a 400-gallon diesel fuel spill from a heating oil tank, resulting in the state of Alaska filing criminal charges against PWSAC and two PWSAC employees. The charges were resolved in 2017 through a civil settlement that imposed a fine of USD 55,000 (EUR 55,700) and required PWSAC to hire a consulting firm to perform an environmental audit and prepare an environmental compliance plan for all five of PWSAC’s hatcheries.

In addition to the fines, PWSAC will undergo five years of probation, during which it will follow an environmental compliance plan agreed upon by the parties.

Ivers said the U.S. government agreed not to prosecute the defendant or the other former employee for any other offense related to the events related to the fuel-burning mishap.

Photo courtesy of Prince Willam Sound Aquaculture Corporation