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The state will be compensated $245,000 for the environmental damage caused nearly two years ago when a tanker truck rolled over near Lyons and spilled gas into the North St. Vrain Creek.
The Colorado Natural Resources Trustees announced the resolution of the natural resource damage claim under the federal Oil Pollution Act through a settlement with MTY Trucking, according to a release from the Colorado Attorney General’s office.
“The North St. Vrain hosts an important sport fishery that’s loved by both locals and visitors alike,” said trustee Dan Gibbs, executive director of the Colorado Department of Natural Resources, in the release. “This settlement brings much-needed resources to the table that can help make the Lyons community whole again.”
The claim arose when a tanker truck carrying 8,500 gallons of gas rolled over on Highway 36 near Lyons on April 27, 2021. It spilled an estimated 2,000 gallons of gasoline into the North St. Vrain Creek, killing at least 800 trout.
The state conducted a year-long damage assessment and identified injuries to aquatic life and habitat within five miles downstream of the crash site.
“This accident damaged the local habitat and harmed an already vulnerable river ecosystem still recovering from the 2013 flood,” said Attorney General Phil Weiser, who serves as chairman of the Colorado Natural Resources Trustees. “With this result, we are holding accountable the responsible party and we are in a position to remediate the damage.”
Insurers of MTY Trucking paid the state’s natural resources damages claim as well as a separate $18,000 payment to the federal government.
As per the Oil Pollution Act, these funds must be used to restore, replace or acquire the equivalent of the natural resources injured by the spill. The release said that trustees will consult with local stakeholders, including the Town of Lyons and community groups, to identify and fund restoration projects that address the damages caused by this incident.
“This settlement provides us with the opportunity to work with the community towards improving and restoring the aquatic life and natural habitat of the North St. Vrain,” said trustee Trisha Oeth, director of Environmental Health and Protection at the Colorado Department of Public Health and Environment.
In June 2021, the trucking company’s insurer also paid two other state claims — a $55,000 Water Quality Control Act penalty assessed by the CDPHE and a $30,000 invoice from Colorado Parks and Wildlife for the illegal take of over 800 dead trout recovered in the days following the spill.
The driver at the time was cited for driving too quickly in rainy weather around the curve where the rollover occurred. He sustained minor injuries and was taken to the hospital.
