The Washington Department of Ecology has issued its initial determinations of environmental violations following the May 26th Nippon Dynawave tank failure that killed 11 employees.

A notice given to the company documents 35 violations. Nippon Dynawave has 30 days to respond or provide additional information before Ecology issues penalties or takes other enforcement action. Ecology says it has up to 2 years to issue enforcement action.

Ecology is the primary environmental regulator for the Nippon Dynawave mill, overseeing its air and water permits and ensuring compliance with dangerous waste laws. This includes spill prevention and stormwater pollution plans, but Ecology does not regulate the structural integrity of the white liquor storage tank that failed. Separate state and federal investigations are looking into other aspects of the disaster.

Most of the violations cited by Ecology involve the impacts of white liquor as it spread across the industrial site following the collapse. This included reaching storm drains, the wastewater treatment system, the Columbia River and nearby ditches. Other violations involve deficiencies in the company’s plans and training required by dangerous waste regulations.

Not every violation will result in enforcement action, but under state law, Ecology can issue fines of up to $10,000 per violation per day. They allege about a quarter of the violations extended for multiple days. Ecology also says it will seek to recover state costs incurred during the emergency response.

In response, the Association of Western Pulp and Paper Workers said the findings document serious environmental impacts, but also praised workers who responded under dangerous and traumatic conditions.

AWPPW spokesperson Josh Estes said the union remains committed to supporting families and affected employees, obtaining a complete and transparent account of what happened, and ensuring workers have a major role in protections moving forward at the mill.

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