The captain of the ill-fated California dive boat Conception has been indicted on a new federal charge, accusing him of acting with gross negligence when the vessel burst into flames in 2019, killing 34 people on board.

A federal grand jury issued the new indictment Tuesday, more than a month after a judge tossed out the original case because it failed to specify that Captain Jerry Boylan acted with gross negligence during one of the deadliest maritime disasters in recent US history.

Boylan, 68, is again charged with a single count of misconduct or neglect of ship officer, a pre-Civil War statute colloquially known as “seaman’s manslaughter” that was designed to hold steamboat captains and crew responsible for maritime disasters.

He faces 10 years in prison and is expected to be arraigned in the coming weeks.

Families of 11 victims welcomed the new charge against Boylan.

“This tragedy was totally preventable and due to his negligence and inaction 34 lives were lost and our lives changed forever,” the families said in a joint statement.

The 79-foot Conception went down in flames on Sept. 2, 2019, during a Labor Day diving excursion near an island off the coast of Santa Barbara.

All 33 passengers and a crew member who were trapped in a bunk room below deck died. They ranged in age from 16 to 62.

Boylan and four other crew members who were asleep on the upper deck managed to escape.

Tuesday’s indictment alleges that Boylan “acted with a wanton or reckless disregard for human life by engaging in misconduct, gross negligence, and inattention to his duties.”

He is accused of failing to train his crew, conduct fire drills, and post a roving night watchman on the boat when the fire ignited.

Although federal safety investigators never found the cause of the fire, officials blamed the owners of the vessel, Truth Aquatics Inc., for a lack of oversight, though they were not charged with a crime.

Truth Aquatics sued in federal court under a provision in maritime law to avoid payouts to the families of the victims. Family members of the dead have filed claims against boat owners Glen and Dana Fritzler and the company, and have sued the US Coast Guard.

Boylan originally was indicted on 34 counts of misconduct or neglect of ship officer in 2020, with each carrying a possible prison term of 10 years if he was convicted.

Defense lawyers sought to dismiss those charges because they argued the deaths were the result of a single incident and not separate crimes.

Before that issue could be argued in court, prosecutors got a superseding indictment this summer charging Boylan with only one count alleging his negligence caused all 34 deaths. If convicted, he would have faced a maximum of 10 years in prison.

But in September, US District Judge George Wu said that indictment did not mention gross negligence, which he said was a required element to prove the crime of seaman’s manslaughter.

With Post wires