On September 16, 2021, the United States District Court for the Western District of Washington
granted EPA's motion and entered judgment in favor of EPA. The motion requires Gardner Fields to
pay $650,000 for: 1) releasing 60,000 gallons (1,429 barrels) of hot asphalt oil to the Puget Sound (via
the Lincoln Avenue Ditch, Blair Waterway, and Commencement Bay) on February 9, 2015; and 2)
SPCC violations found during a 2018 inspection. EPA referred the matter to DOJ on on September 28,
2018. On June 20, 2019, DOJ sent Gardner an Executive Order letter offering the opportunity for
settlement.