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Gold King Mine Spill Now Under A Criminal Investigation

By Rick Sallinger

DENVER (CBS4) - The Office of Inspector General for the Environmental Protection Agency has revealed that a criminal investigation is underway into the Gold King Mine disaster.

It says "based on requests from several members of the House and Senate, the OIG is conducting both a program evaluation and a criminal investigation of the Gold King Mine spill."

It was on Aug. 5 of last year when three million gallons of water and mine debris began pouring from the Gold King Mine. It turned the Animas and San Juan rivers into a frightening stew of arsenic, zinc, iron and copper.

Gold King Mine Tour
Gold King Mine Tour Aug. 18, 2015 (credit: CBS)

The press release from the federal oversight agency said it couldn't comment on certain questions by members of Congress because of an ongoing criminal investigation that has been underway.

Todd Hennis is the mine's owner. He told CBS4's Rick Sallinger that he feels charges are warranted.

"The most charitable view I can take is that there was criminal negligence involved," he said.

When the spill occurred the mine was checked to drain pooled water. Instead of using a what's known as a "stinger" and a pump to let a controlled amount out, the entrance was being excavated of dirt and rock when the blowout occurred.

Gold King Mine Tour
CBS4's Rick Sallinger with Gold King Mine owner Todd Hennis on Aug. 18, 2015 (credit: CBS)

There had been resistance in the area near Silverton to being the home to one the nation's worst environmental hazards.

"They have been trying to do a Superfund site in Silverton for 25 years. The locals have resisted," Hennis said.

PHOTO GALLERY: Gold King Mine Tour

Now after the Gold King spill the local authorities have asked for and received Superfund designation.

Hennis is not alone in wondering if something sinister may have been behind the spill.

Todd Hennis
Todd Hennis is interviewed by CBS4's Rick Sallinger (credit: CBS)

"I pray my suspicion is not correct, but if they did do this deliberately to foster a Superfund site there really should be punishment," he said.

Hennis has maintained that the water that spilled from the Gold King seeped into his mine from a neighboring mine.

The EPA has claimed full responsibility for the spill. The supervisor in charge of the project was on vacation at the time and a temporary site supervisor was on hand along with a crew from an EPA contractor.

The U.S. Attorney's Office in Denver had no comment on the announcement of a criminal investigation.

CBS4's Rick Sallinger is a Peabody award winning reporter who has been with the station more than two decades doing hard news and investigative reporting. Follow him on Twitter @ricksallinger.

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