Santa Barbara County pleads guilty to oil spill offenses

December 16, 2023

 

By JOSH FRIEDMAN

Santa Barbara County’s Water Resources Division pleaded guilty to two misdemeanor counts related to oil discharges at the Toro Canyon Oil Water Separator. [KCOY]

The discharges occurred between Jan. 2018 through July 2021 and in Jan. 2023. The Toro Canyon Oil Water Separator is an Environmental Protection Agency-designed facility that the county has monitored since 2009. 

Water Resources Division personnel failed to properly maintain the separator and did not apply for any of the permits required to operate it, according to the Santa Barbara County District Attorney’s Office. The DA’s office cited internal emails where county employees acknowledged not meeting legal requirements. 

Santa Barbara County’s Water Resources Division has agreed to pay a $15,000 criminal penalty and to be placed on one year of unsupervised probation. The county states that it has resolved potential civil liability over the spills by agreeing to a stipulated judgment requiring a $300,000 payment for supplemental environmental projects, $375,000 in civil penalties and $75,000 for a consultant for statutory and regulatory compliance at the oil water separator facility. 

After the Thomas Fire melted parts of the separator’s underground pipeline, oil was determined to be leaking from the damaged pipelines and visibly contaminating the creek, a Public Records Act request revealed. More than three and a half years later, in Aug. 2020, oil was still actively leaking into the surrounding environment from the lower section of the pipeline. 

A Water Resources Division employee reported oil-saturated soil to Public Works Department management. However, for 17 days, that went unreported to both the Certified Unified Program Agency (CUPA) and the California Office of Emergency Services.

By law, both of those agencies must be contacted immediately about oil spills of this nature.

When the CUPA received the report, the agency was not aware that the separator system was in operation because the necessary permits had not been filed. Investigators also documented other violations, including failure to have a Hazardous Materials Business Plan outlining how to handle spills and issues with the integrity of the system’s underground storage tank.

In July 2022, the State Water Resources Control Board issued funding and approved a contractor to begin repairs on the system and start remediating soil from Toro Canyon Creek, which by then, was saturated with oil for the entire length of its surface flow. 

Even after the County Water Resources Division began cleanup efforts, the agency failed to obtain necessary permits from the California Department of Fish and Wildlife, nor did it conduct environmental impact assessments before directing contractors to begin vacuuming the creek.

Once Fish and Wildlife learned of those violations, it ordered the County Water Resources Division to conduct the cleanup under its supervision.

In Jan. 2023, when heavy rain fell in the area, the underground storage tank overflowed. The leak was not reported until nine hours later when a homeowner called in the incident. By the time county fire and CUPA officials got hold of Water Resources Division employees, hundreds of gallons of oil spilled from the underground storage tank, and oil was detected flowing at least a half mile downstream.

“This case highlights the commitment my office has to holding everyone accountable when they violate environmental laws — regardless of whether they are an individual, corporation or government entity,” said Santa Barbara County District Attorney John T. Savrnoch. “Santa Barbara County has a long legacy of environmental consciousness, and I am committed to honoring that legacy and to protecting the beautiful community in which we all live.”

Santa Barbara County has budgeted $3.72 million for a replacement facility. The County Board of Supervisors has awarded a $2.2 million contract for the project. 

The replacement facility is expected to be completed by summer 2024.