Environmental & Energy,
Civil Litigation
Jun. 6, 2019
ExxonMobil fined $6K for not properly reporting spill
ExxonMobil has agreed to pay civil penalties to the Santa Barbara County District Attorney’s Office after being sued for a 2018 hydrochloric acid release at the company’s Las Flores Canyon facility in Goleta. ExxonMobil is accused of failing to report the incident to the state’s Office of Emergency Services, in violation of health and safety/business and professions codes.
A county judge fined ExxonMobil $6,322 Wednesday for failing to report a hazardous chemical spill at its Goleta oil facility in 2018.
"We believe the judgment is a fair resolution of the case. We alleged that ExxonMobil failed to properly notify authorities of the hazardous-material release, and that their initial decision to not report the release was based in part on federal law requirements. Under these circumstances, our California law is more protective of our environment," Santa Barbara County District Attorney Joyce E. Dudley said in a statement. She sued the oil giant along with Deputy District Attorney Christopher B. Dalbey. The People of the State of California v. ExxonMobil Corporation, 19CV02868 (Santa Barbara Super. Ct., filed May 31, 2019).
Exxon's counsel, David H. McCray of Beveridge & Diamond PC, declined to comment but the company issued a statement.
"ExxonMobil takes spill response and reporting very seriously and strives to ensure conduct that achieves compliance with all applicable requirements. We immediately assumed responsibility, contained and cleaned up the mixture and notified the appropriate regulatory agencies in accordance with the Santa Barbara County's approved emergency response plan," read the statement from spokesperson Julie King.
Under a five-year stipulated injunction, Exxon agreed to comply with state law concerning the reporting of a release of hazardous material rather than the more permissive federal law.
On March 31, 2018, ExxonMobil's Las Flores Canyon facility released approximately 420 gallons of hydrochloric acid, according to the lawsuit. Exxon called 9-1-1. County officials told the company to notify the California Office of Emergency Services. The company didn't do that until April 10, 2018.
Exxon relied on federal regulations regarding "reportable quantity" thresholds for hydrochloric acid, which is 5,000 pounds, the suit said.
ExxonMobil's Santa Ynez Unit includes the Las Flores Canyon oil and gas facility and three offshore platforms -- Hondo, Harmony and Heritage -- that transport oil to onshore tanks.
The company shut down its offshore platforms after the 2015 Plains All American Pipeline oil spill off Refugio State Beach. Exxon's south Santa Barbara coast oil platform productions haven't operated normally since the oil spill.
Exxon is currently attempting to resume offshore oil drilling operations in the county and to transport crude oil to refineries in Santa Maria and Kern County.
Gina Kim
gina_kim@dailyjournal.com
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