Local
Former Tugboat And Barge Manager Sentenced To Federal Prison
By Austin Johansen
Sep 5, 2010 - 4:14:06 PM

SAN FRANCISCO—The former manager of a barge and tugboat company convicted of participating and ordering illegal barge dumping in May, was sentenced to 21 months in federal prison on Friday, August 27. Mark Guinn, a 42-year-old manager of Brusco Tug & Barge from Longview, Wash. was previously convicted by a federal jury on May 11 of one count of conspiracy to violate the Clean Water Act and one count of violating the Clean Water Act.

Following a five-day jury trial in May and a day and a half of jury deliberation,  it was determined that Guinn had participated in the regular discharge of large amounts of contaminated dredged materials into navigable U.S. waters without a permit around and near Winter Island from at least April 2003 until at least January 2007. Guinn chose to bypass the more time-consuming barge offloading procedures and instead instructed those under his management to offload “toxic and contaminated materials” directly into the San Francisco Bay. According a release from the United States Department of Justice, “Testimony revealed that the dumping of a barge would take minutes, while properly offloading the dredged spoils onto Winter Island would take 12-18 hours.” The Clean Water Act regulates the discharge of dredged material in order to ensure water quality and the preservation of marine life; the sensitive materials being dumped into the water are intended to be kept isolated and could not go into the water.

“This verdict holds Mr. Guinn accountable for his actions,” stated U.S. Attorney Joseph P. Russoniello. “By ordering his employees to dump contaminated dredge into the Bay, he demonstrated both a callous disregard for the environment and a willingness to coerce others [his employees].” In addition to the conspiracy and participation convictions, Guinn was also convicted of one specific offload of “dredged spoils” that occurred on January 7, 2007. Another Clean Water Act violation went without a verdict, and Guinn was acquitted on a final count.

Additionally, a U.S. District Court Judge ordered Guinn to fulfill 200 hours of community service. The prosecution was the result of the culmination of efforts from the United States Coast Guard Investigative Service and the United States Environmental Protection Agency’s Office of Criminal Enforcement. Nick Torres, Special Agent in Charge of EPA’s Office of Criminal Enforcement in San Francisco, stated, “This conviction demonstrates that if you cut corners and order your employees to pollute, you will be prosecuted.” Guinn is expected to self-surrender on October 22.