AG: Gold mine in Okanogan County polluted waterways, penalties could cost millions

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(Photo by Karen Ducey/Getty Images)

OLYMPIA, Wash. - A federal judge ruled that a gold mining company, based in Okanogan County, committed thousands of violations under the Clean Water Act. Attorney General (AG) Bob Ferguson’s office is asking the court to require the company to remediate environmental damage from years of pollution, and pay upwards to millions of dollars in penalties.

Crown Resources and its parent company, Kinross Gold, own the Buckhorn Mountain gold mine located 100 miles northeast of Twisp. Between 2008 and 2017, about $1.3 billion dollars-worth of gold had been extracted from the mine. However, despite making claims that Crown was environmentally responsible, the company now faces more than 3,000 violations for polluting nearby waterways.

"Buckhorn Mountain is one of the unspoiled natural areas of our state," Ferguson said. "These companies had a responsibility, and legal obligation to protect it. They failed in that responsibility, thousands of times. We will continue our work to hold them accountable."

Prior to the mine’s construction, nearby streams were essentially untouched by human activity. Once the mine started operating, pollutants like aluminum, ammonia, arsenic, lead and nitrates contaminated both groundwater and streams – which is harmful to people, water ecosystems and fish.

The businesses were aware of the potential for pollution before the mine was constructed. In addition, an environmental review was conducted by the state, which indicated the threats the mine would pose to nearby ecosystems.

In Washington, any business or entity that releases pollutants into waterways are required by state law to obtain a water quality permit. This permit would require Crown to capture and treat water impacted by the mine’s operations.

According to AG Bob Ferguson, the mine had failed to properly treat its polluted water since 2015, which violates the Clean Water Act.

Ferguson’s lawsuit is asking the court to require the mining company to restore, reverse or stop the environmental damage from years of pollution. The maximum penalty under the Clean Water Act is $54,800 per violation, per day, for up to five years. The AG’s Office estimates that the mining company’s penalties could reach millions of dollars.

The penalties Crown will face will be determined at a later date. Kinross is not included in this particular case, however, cases against that company are ongoing.

The lawsuit was filed in consultation with the Washington State Department of Ecology.