LONGVIEW, Washington (From news reports) -- The Washington Department of Ecology has issued an administrative notice of violation to Nippon Dynawave Packaging following a May 26 storage tank failure at its Longview pulp and paper mill.
The tank collapse released 900,000 gallons of highly caustic white liquor across the industrial site, resulting in 35 identified environmental violations and the deaths of 11 employees.
Ecology serves as the primary environmental regulator for the facility, overseeing compliance with dangerous waste laws along with air and water quality permits.
The notice of violation acts as an initial regulatory determination that establishes factual findings to inform future enforcement decisions, which can include monetary fines or corrective action orders.
Following the May 26 disaster, industrial compliance staff inspected the facility, reviewed records and interviewed company personnel to determine whether permit requirements or environmental laws were broken.
While 35 violations were identified, state regulators noted that emergency provisions may exempt some spill management efforts from enforcement actions.
Ecology has up to two years to issue formal enforcement decisions.
Under state law, Ecology has the authority to impose civil penalties of up to $10,000 per violation per day, with about a quarter of the cited violations spanning multiple days.
In addition to potential fines or compliance orders, the agency plans to seek recovery for state emergency response expenses and may pursue a Natural Resource Damage Assessment.
Most of the violations trace the path of the caustic liquor as it spread across the industrial site into storm drains, the mill's sanitary wastewater treatment system and a nearby ditch.
Portions of the liquid bypassed treatment before discharging into the Columbia River, causing widespread fish die-offs and leading city officials to post signs warning residents to stay away during eight days of environmental impacts. Other violations stem from deficiencies in dangerous waste management plans and required staff training.
Casey Sixkiller, director of the Washington Department of Ecology, addressed the impact of the spill when announcing the findings.
"This event was devastating for the Longview community and the release of chemicals reached nearby waterways and the Columbia River," Sixkiller said.
"Issuing these environmental violations is an initial step toward accounting for the impacts of this tragedy."
Independent investigations into the tank failure remain underway by the Washington State Department of Labor and Industries and the federal Chemical Safety Board.
The Washington Attorney General's Office has also been granted concurrent jurisdiction to investigate potential criminal activity and Ecology noted that any additional environmental noncompliance uncovered by these inquiries could lead to further enforcement actions.
Nippon Dynawave has 30 days from the issuance of the notice to respond or provide additional information to Ecology before the agency determines formal penalties or compliance orders.
Union responds
The Association of Western Pulp and Paper Workers Union issued the following statement in response to the Washington State Department of Ecology's initial determination of environmental violations stemming from the May 26 tank failure at Nippon Dynawave Packaging:
"Ecology's findings document serious environmental impacts following the tank failure, and those impacts must be addressed through the established regulatory process. At the same time, we remain proud of the workers who responded under extraordinarily dangerous and traumatic conditions. Our members and others at the facility worked urgently to protect people, stabilize the mill, contain the release and minimize further harm to the surrounding community, even as they were confronting the loss of their friends and coworkers.
Ecology's notice identifies 35 initial environmental violations and gives Nippon Dynawave 30 days to respond or provide additional information before the agency determines whether penalties or other enforcement actions are appropriate. Ecology has also stated that some actions taken during the emergency response may qualify for exemptions under emergency provisions.
"Ecology's notice addresses matters within the agency's environmental regulatory authority and should be understood within that scope," Estes said. "As additional official findings are made public, AWPPW will review them carefully and respond based on the evidence presented.
AWPPW remains committed to supporting the families and affected employees, obtaining a complete and transparent accounting of what occurred, and ensuring workers have a meaningful role in determining the protections necessary for any safe and responsible future of the facility.
"Our responsibility is to follow the facts wherever they lead, insist on accountability and ensure the lessons from this tragedy result in lasting protections for workers."
