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January 30, 2008
ForestWatch
Files Legal Notice Against
Company Responsible for Oil SpillS in Los Padres
National Forest
State of California Releases
Report Citing “Significant Environmental Risk” That Will Take
Years to Recover
Ventura, Calif. – Today, Los
Padres ForestWatch delivered a Notice of Intent to Sue Vintage
Production California LLC and its parent company, Occidental
Petroleum, in U.S. district court for violations of the Federal
Water Pollution Control Act, also known as the Clean Water Act.
The alleged violations stem from several spills of oil and
wastewater in and near the Los Padres National Forest in Ventura
County during the past four years.
An oil sheen swirls
around absorbent towels and flotation booms placed in the creek
to capture the slick. Overhead pipelines are reflected in the
sheen.
The action comes on the heels of
an announcement earlier this month, in which the Ventura County
District Attorney’s Office imposed more than $350,000 in fines
and penalties against Vintage and Occidental in connection with
16 recent oil spills in Ventura County, including three in the
Los Padres National Forest. This amount was reached after the
State of California filed a complaint against the two oil
companies for violations of the California Fish & Game Code.
The
ForestWatch notice seeks additional fines and penalties under
the federal Clean Water Act, and calls on the oil companies to
implement sufficient safeguards to prevent future spills,
including increasing maintenance and inspections, preparing
adequate spill containment plans, and repairing and replacing
pipelines near environmentally sensitive waterways.
Also this week, the California
Department of Fish and Game released a “Environmental Incident
Report” detailing its investigation into the two most recent
spills. The report concluded that “Overall, the spills and
their associated cleanup caused significant impacts to the
habitat and biota within and near the spill.” The report also
found:
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The crude oil and wastewater
may have contained carcinogens and heavy metals “that pose
significant environmental risk.”
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Thousands of aquatic
macroinvertebrates died as a result of this incident. In
addition, one dead, oiled songbird and one dead, oiled
two-striped garter snake (a rare species) were found.
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Endangered California condors
frequent water holes at the confluence of Sespe and Tar
Creeks only 1.7 miles to the west of the densest, largest,
and most persistent pools of accumulated oil.
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While an effort to remove this
material out of the environment was made, much of it was
unrecoverable and will remain within the environment for an
extended period of time.
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The affected stream will not
fully recover for at least two years.
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A permanent in-stream
containment basin was non-functional. Had this structure
been functioning at the time of the spill, nearly two miles
of streambed would not have been damaged. The report
recommended repairing this containment basin.
- The
report also recommended that Vintage embark on an extensive
preventative, monitoring, maintenance, and equipment
replacement project to prevent future spills.
The most recent spill was reported on January 30,
2007 along the boundary of the Sespe Condor Sanctuary. It arose
from a break in a transfer line due to possible internal
corrosion, according to the official spill report. The spill
traveled more than three miles down the creek, coating the
streambed, vegetation, and wildlife with oil. The spill was
initially reported at five barrels (210 gallons) of crude oil
and 80 barrels (3,360 gallons) of wastewater, though officials
later estimated that the spill was several times larger than
initially reported. It took 80 workers more than three weeks to
clean up the spill. During cleanup operations, a second spill
on the same pipeline released another 20 gallons of crude oil
and 2 barrels (84 gallons) of wastewater into an unnamed
tributary.
Vintage has caused nine spills in the Sespe Oil Field during the
past four years, including four that entered waterways in this
ecologically sensitive watershed. On April 1, 2006, Vintage
reported discharging 200 barrels (8,400 gallons) of wastewater
and an unknown amount of crude oil into Four Forks Creek,
another tributary of Sespe Creek, according to official spill
reports. The spill was reportedly caused by equipment failure.
On January 19, 2005, Vintage spilled 15 barrels (630 gallons) of
crude oil and wastewater into Maple Creek, another tributary of
Sespe Creek, according to official spill reports. That spill
was reportedly caused by a broken gathering pipeline. And on
January 23, 2004, Vintage reported spilling 35 barrels (1,470
gallons) of crude oil into Four Forks Creek, according to
official spill reports. The spill was reportedly caused by a
clogged valve.
The ForestWatch notice gives Vintage and Occidental sixty days
to remedy their violations of the federal Clean Water Act. At
that time, if significant progress has not been made, then
ForestWatch may commence a citizen suit in U.S. District Court.
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