‘Recyling’ old fuel tank costs $62,000

PALMER — A Chickaloon man who last April drove off with a heating oil tank, leaving behind a fuel spill, has agreed to reimburse the Mat-Su Borough the $62,151.34 cost to clean up the spill.

Herbert Lee Fey, 65, pleaded no contest Tuesday to one count each of criminal mischief and polluting the land.

The tank was attached to one of several homes along the Matanuska River that the Borough had bought in a program to address erosion issues along the river, Assistant Attorney General Dan Cheyette said. Cheyette works for the state’s Office of Special Prosecutions and Appeals, which was called in to prosecute this case as it dealt with environmental issues.

After the tank was gone, the Borough discovered the spill, Cheyette said at Tuesday’s hearing.

“There was a large amount of soil that needed to be removed at great cost. This was a mistake in judgment,” Cheyette said, adding that Fey has been cooperative since the case was filed.

“He either intentionally spilled the fuel or at least was reckless with the fuel … because it all ended up on the ground,” Cheyette said Thursday.

When District Court Judge Gregory Heath asked Fey for his comments, Fey said, “I think the restitution is exorbitant.”

“Mr. Fey was born and raised in the state of Alaska,” said Fey’s attorney, Chadwick McGrady. “Having grown up in that pioneer spirit, he understands that nothing should go to waste.”

McGrady noted that his client had received permission from the home’s previous owner to take a few cords of firewood that were also removed from the home.

As far as the fuel tank was concerned, “He basically was trying to recycle something that was going to go into the landfill,” McGrady said.

Heath, in assenting to the sentence agreed upon by the parties, said that the spill appeared as though “it was just a matter of damage done, probably by accidental means.”

In addition to the restitution, Fey will serve four years’ probation with the possibility of 60 days in prison if he re-offends. He will also have to serve 60 hours of community work service.

Contact Andrew Wellner at andrew.wellner@frontiersman.com or 352-2270.