
Department of Ecology News Release - October 13, 2006
06-208
OLYMPIA - The owner of the Polar Texas - the oil tanker that spilled more than 1,000 gallons of crude oil into Puget Sound's Dalco Passage on Oct. 13, 2004 - will pay in full a $540,000 fine levied by the Washington Department of Ecology (Ecology).
The ship - which has since been decommissioned - belonged to Polar Tankers, Inc., a subsidiary of ConocoPhillips Co.
"The mystery of a large spill with a mute and unknown responsible party drew intense attention and scrutiny," said Ecology Deputy Director Polly Zehm. "We welcome this long-awaited step from ConocoPhillips, and we fully expect Polar Tankers to do what's required of all ships and fleets on Washington's waters. Every shipping company is required to employ the care and attention needed to prevent spills. If a spill occurs, every company is required to detect it, immediately report it, and clean it up."
The $540,000 fine is the largest fine Ecology has ever issued for a spill in marine waters, and is the maximum possible penalty under state law.
Negotiations continue, meanwhile, on a state-federal-tribal damage assessment that is separate from the penalty. Funds from this assessment would be placed in a fund that supports restoration projects that compensate Washington citizens for damage to the public's environmental resources.
"We fully expect the companies to compensate the citizens of Washington for the damages that this spill caused to our state's natural resources," Zehm said. "ConocoPhillips and Polar Tankers have taken full responsibility for the penalty, so we see no reason to delay the rest of this package."
Ecology and the U.S. Coast Guard have determined that the oil came from the Polar Texas because oil on the water - Alaska North Slope crude oil - matched oil aboard the vessel. The Polar Texas had just delivered the same kind of oil to a Tacoma refinery. There were no other ships in the vicinity carrying crude oil at the time of the spill.
Ecology's civil penalty cites the companies the maximum amount for five violations:
The lack of response made it necessary for Ecology and the Coast Guard to conduct an exhaustive investigation to identify the source. Investigators tracked and sampled all shipping in and out of the area in the days prior to the spill, including vessels that had departed for ports overseas.
Penalty proceeds will be deposited in Ecology's vessel response account, which helps pay state costs for responding to oil spills from maritime ships. This account also supports stationing a rescue tug at Neah Bay during the winter.
The cleanup exceeded $2.2 million in costs, paid from a federal oil-spill contingency fund. Ecology and other state agencies spent $483,000, which was reimbursed by federal fund. The U.S. Department of Justice is pursuing cost recovery from Polar Tankers under the federal Oil Pollution Act.
The Polar Texas released the oil while departing Commencement Bay on the evening of Oct. 13. It appears - based on the best available information - that oil flowed out when the ship took on ballast water as it sailed through Dalco Passage, just outside the bay. Tankers fill empty cargo tanks with water to maintain stability. The operation requires care to ensure that residual oil in the on-board tanks or pipelines does not slip out while water is drawn in.
"The captain and crew have the responsibility to be aware of what's happening to oil on board the vessel," said Dale Jensen, who manages Ecology's spill prevention, preparedness and response program. "Vessel operators should not consider ballasting or any other operation as routine, not when oil can contact water outside the ship."
The spill in Dalco Passage went unreported until early the next morning when the captain of a passing tugboat reported oil on the water south of Vashon and Maury Islands. The Polar Texas did not report or assist in the clean up of the spill. State and federal law requires the party responsible for a spill to report it promptly and take financial responsibility for the cleanup.
The spill occurred in Dalco Passage between Tacoma and Vashon Island and spread patches of oily sheen as far south as the Tacoma Narrows and as far north as Eagle Harbor. The sheen touched 15 miles of shore along Colvos Passage, the Narrows and Quartermaster Harbor and left a filmy coating along six miles of southern Vashon and Maury islands.
At its peak, the spill response involved 286 people, 10 oil-skimming vessels, 24,000 feet of boom, three helicopters and additional boats and equipment. Crews recovered an estimated 59 tons of oily debris from shoreline cleanup and 6,842 gallons of oily water from skimming operations.
"The cleanup was thorough and effective, considering the oil was on the water many hours before it was reported," said Jensen. "Nevertheless, oil spills have continuing impacts on our state waters because oil dissipates quickly and adds to toxic background pollution."
Preventing oil spills to state waters, particularly Puget Sound is among Ecology's highest priorities. Ecology Director Jay Manning represents Gov. Chris Gregoire as a co-chair of the Puget Sound Partnership, a public-private partnership created by Gov. Gregoire in December 2005 to develop an aggressive, 14-year plan to help solve Puget Sound's most vexing environmental problems. The Partnership will present their recommendations to the Governor in November.
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Other recent Washington state spill prevention, preparedness and response milestones:
Sept. 28 - Helping first responders: Ecology delivers the first oil-spill-response supplies to the Port of Seattle, King County, and Seattle Fire Department. The department will deliver about another 60 trailers with response equipment around Puget Sound (including the Strait of Juan de Fuca and Hood Canal) by June 2007. http://www.ecy.wa.gov/news/2006news/2006-198.html
Sept. 25 - Department adopts new oil transfer and oil spill contingency plan rules which become effective Oct. 26. http://www.ecy.wa.gov/news/2006news/2006-197.html
Sept. 14 - Department enters into landmark agreement with Marine Spill Response Corp. to help respond to and clean up oil spills. http://www.ecy.wa.gov/news/2006news/2006-187.html
Aug. 18 - Ecology holds workshop in Snohomish to gather public input regarding crafting the first geographic response plan for tackling oil spills in the Snohomish River watershed. http://www.ecy.wa.gov/news/2006news/2006-158.html
Aug. 14 - Ecology announces hiring new vessel and facility inspectors, spill responders, and oil spill contingency planners. http://www.ecy.wa.gov/news/2006news/2006-155.html
Aug. 1 - Tribal, state and federal officials commemorate completion of a $5.2 million habitat restoration plan to offset damages to Washington's fish and wildlife populations during the 1991 Tenyo Maru oil spill. http://www.ecy.wa.gov/news/2006news/2006-140.html
July 21 - Ecology provides $140,000 to place special software and equipment on two King County Sheriffs Office helicopters. The new equipment has the ability to spot and track oil spills at night and during storms. http://www.metrokc.gov/sheriff/news/article.aspx?id=252
July 11 and 13 - Department holds workshops in Tacoma and Seattle seeking public help to update Ecology's geographic response plans for tackling oil spills in central Puget Sound. http://www.ecy.wa.gov/news/2006news/2006-120.html
July 11-19 - Ecology conducts five public hearings to gather public comment on draft oil transfer and contingency plan rules (Pasco, Vancouver, Port Angeles, Bellingham, and SeaTac). http://www.ecy.wa.gov/news/2006news/2006-096.html
July 5 - Identified 14 Puget Sound cleanup and restoration projects to be funded by $1.7 million grant. The money was part of the settlement agreement regarding the Evergreen International Shipping Line criminal case. http://www.usdoj.gov/usao/waw/press/2006/jul/marine.htm
June 8 - New oil transfer and oil spill contingency plan rules proposed. http://www.ecy.wa.gov/news/2006news/2006-096.html
Media contacts: Larry Altose, Public Information Manager,
425-649-7009; pager 206-663-1785
Curt Hart, Public Information Manager, 360-407-6990; cell 360-480-7908
Polar Texas spill:
http://www.ecy.wa.gov/programs/spills/incidents/dalco/dalcobase.htm
Ecology's enforcement action will appear on this site.
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