Department of Ecology News Release - December 3, 2002

02-215

Harbor Island oil spills draw $123,500 in penalties

BELLEVUE - The Washington Department of Ecology (Ecology) has issued penalties of $99,000 and $24,500, respectively, to the Port of Seattle and Kinder-Morgan Energy Partners LLP for spilling oil from two pipelines last year.

Approximately 2,136 gallons of oil were released from the leaking pipelines into the East Waterway, located at the mouth of the Duwamish River at Terminal 18. The Port owns and maintains the pipelines, which are leased and operated by Kinder-Morgan.

Ecology determined that the Port was negligent because it had not taken corrective actions called for in an engineering study it had commissioned in 2000 to identify possible weaknesses in the diesel and marine fuel lines. The report outlined steps to address corrosion in the two pipes and leaks in a vault, but the Port had not taken corrective action by the time the spills were discovered.

Ecology determined that Kinder-Morgan was not negligent, but by law was responsible for the release of oil that was under its control.

"The Port had a specific recommendation to check these pipelines a year before the leaks occurred," said Dale Jensen, who manages Ecology's spills program. "Both parties were focused on getting a new pipeline and fuel terminal constructed, and they failed to realize the risk posed by the existing pipelines."

Ecology first observed oil in the waterway off Terminal 18 on Oct. 17, 2001. In November, Kinder-Morgan discovered leaks in an oil pipeline. Oil had accumulated under the dock on water, pilings and bulkheads, behind a permanent oil boom. After shutting down the line, fresh oil kept appearing, and crews found a second leaky pipe. It had to be replaced.

In April 2002, Ecology issued an assessment of $54,000 to Kinder-Morgan to compensate for environmental damage from the spilled oil. The "natural resources damage assessment" is separate from the penalty.

The Port and Kinder-Morgan may appeal their penalties to Ecology within 15 days or to the Washington State Pollution Control Hearings Board within 30 days.

Contact: Larry Altose, public information, 425-649-7009. Pager: 206-663-1785.
Mary-Ellen Voss, public information, 360-407-7211. Pager: 360-956-8296