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    Ben Ciccati

    What to Do About Greka

    Defending Santa Barbara Against Unwelcome Polluters


    Thursday, March 20, 2008
    By Nathan G. Alley and Kira Redmond
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    On March 3, The Independent ran an article titled, “Greka Spills Again Again.” This followed a series of articles with titles including: “Greka Spills Oil Again” (December 8, 2007), “Greka Spills Again” (December 20, 2007), “Another Greka Leak” (December 24, 2007), “Another Spill at Greka” (January 3). Then there is our favorite — “No Really, Greka Spills Again” (January 5, 2008).

    According to county officials, since 2003, Greka has spilled more than 450,000 gallons of oil and hazardous substances into our creeks and soil. Santa Barbara is thick with the oil company’s messes.

    Our community’s response to the 1969 Santa Barbara Oil Spill was the harbinger of a greater national environmental consciousness, and it led directly to the enactment of state laws such as the California Environmental Quality Act and federal laws such as the National Environmental Policy Act. The Environmental Defense Center and Santa Barbara Channelkeeper, formed in the wake of this catastrophe, today find themselves fielding calls from people wondering how the birthplace of a movement became the dumping ground for corporate irresponsibility.

    Our County Board of Supervisors met on January 15 to discuss the past, present, and future operations of Greka Oil in Santa Barbara. Federal and state officials joined county staff in a sweeping indictment of Greka’s mismanagement and blatant noncompliance. It was determined that something must be done to correct and prevent the obvious problems. For example, the board directed staff to utilize existing county code, including the Petroleum Code, to the maximum extent possible to compel Greka’s compliance.

    Chapter 25, Subsection 25-5(b) of the Santa Barbara County Petroleum Code states: “Any permit issued under this chapter will expire … upon action by the board of supervisors.” Greka has demonstrated beyond a shred of doubt that it is unable to achieve compliance with our laws and regulations that protect human health and the environment. We urge the Board of Supervisors to act on its authority under the Petroleum Code and to revoke Greka’s permits to operate in our county. Enforcement against Greka under the public nuisance doctrine may also be an appropriate tool to ensure that this company does not continue to abuse our land and our hospitality.

    Greka spokespeople have recently barked about lawsuits against the county for so-called “selective enforcement.” The U.S. Supreme Court has stated that the burden of proof lies on the party alleging selective enforcement, and that party must show discrimination based on an “unjustifiable standard such as race, religion, or other arbitrary classification.” None of these standards apply to a company that has thumbed its nose at its neighbors and failed to comply with basic safety and environmental protection laws.

    On March 11, the board met again to discuss the progress of enforcement actions against onshore oil producers. We know that enforcement is time-consuming and costly. Responding to individual incidents at a company like Greka, which has experienced 20 spills since the board last discussed Greka, in January, is even more costly. The County’s best recourse may therefore be to simply shut Greka down.

    Please write or call the Board of Supervisors. Ask boardmembers to maintain a strong stance against re-opening noncompliant facilities and to shut down any facilities and operators who are bad actors. Ask the board to remain consistent in its enforcement of regulations and message to criminal polluters: They are not welcome here, and they don’t have a future in this county.

    Nathan G. Alley is a staff attorney for the Environmental Defense Center; and Kira Redmond is the executive director of Santa Barbara Channelkeeper.

    Comments

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    The reports in last week’s Board of Supervisor’s meeting about Greka’s “cleanup” efforts were shamefully misleading. So were the reports of the County’s oilfield inspections during the past few weeks.

    It is true that Greka had hired a contractor to assist with cleanup of two creeks. As of Monday this week, that contractor was no longer on the job. Anyone who looks at the creek along Palmer Road (go look!!) can see that the cleanup is far from complete. Even if the cleanup of these two creeks were to take place, there are still 400+ spills (a half million reported gallons of pollutants) in the county that have yet to be resolved. County Fire Department records for the past several years (available for public review) show clearly that Greka has not complied with a single cleanup directive from the Fire Department’s Hazardous Materials Unit (HMU). Often, the cleanup requirements from federal and state responders are far less rigorous than those from the HMU. So Greka has a general policy of non-compliance with HMU, and still the County continues to blindly issue Greka’s permits to operate.

    And speaking of the HMU, guess who has been specifically asked not to participate in the County’s inspections of late? That’s right, the HMU inspectors were involved in the first two inspections, and, perhaps because of the shocking number of violations they documented (?), were subsequently pulled off the project. (….unlabeled “out of service” pipes actively spewing deadly gas!!??…..oozing crude oil drain valves stuffed with old t-shirts!!??….no problem!) Keep this in mind when listening to County staff’s glowing accounts of progress being made.

    It is one thing to tip-toe around a big, slovenly company with a well-known track record of absolutely unsafe practices, gross negligence, and open disregard for all things decent and upright just because they have money, influence, and effective attorneys. It is quite another to passively help such a company break the law by ignoring the obvious.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    anonymouse (anonymous profile)
    March 20, 2008 at 4:57 p.m. (Suggest removal)

    Take a breath Anonymouse.

    Tell us please if you have been hurt or need medical attention from any one (or all) of the half million gallons of pollutants not yet resolved in the county?

    Has anyone been hospitalized due to Greka crude oozing from valves stuffed with t-shirts?

    Has anyone even needed a Band Aid?

    Is the sky really falling in....or do you simply have a flair for the melodramatic?

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    nuffalready (anonymous profile)
    March 20, 2008 at 5:51 p.m. (Suggest removal)

    Greka operates an oil drilling facility in the Pacific Ocean, right off shore in Mussel Shoals. It is that small Island that you all see, with a bridge running to it, when driving on the 101 just South of Carpinteria. Do you want Greka to spill oil in the ocean just like they've done on their own land? Unlike Greka's facilities in Santa Barbara, the land for the island in Ventura County is not even owned by Greka. It is owned by the State.... essentially you own it. When Greka was pumping they were only giving a couple hundred thousand a year in royalties to the State. It costs the State more in enforcement expenses. Now Greka is no longer pumping and this is a reason under State law to revoke their production agreement with the State. Please call Assemblyman Pedro Nava's office at (805) 483-9808 and ask him what he can do to shut down Rincon Island and make it a marine preserve.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    MusselShoalsResident (anonymous profile)
    March 21, 2008 at 1:03 a.m. (Suggest removal)

    If there was a chicken farm up in the hills NW of Santa Barbara, and another west of Santa Maria with the winds blowing south west into Santa Barbara, and winds blowing East into Santa Maria, and they were called Greka Farms and they really stunk to high heaven you can bet Greka Farms would then be shut down, and shut down over night.. The Problem here is Oil from our county ground doesn't stink, but something does on the County Board, and it smells of money and the good old boy system of Republican politics pure and simple....If there's an inithative, and a want, Greka would have been a closed Oil Farm long ago, probably after the first spill.. Yup it smells like bad mangement at Greka, and county board members who are in denial of whats happening. Were being held up and there's no Sheriff watching the Bank!

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    peterdcal (anonymous profile)
    April 24, 2008 at 2:37 a.m. (Suggest removal)

    The Earth has a far worse spill record than Greka. It spills about 100 barrels a day over the county. Thats over 1.5 million gallons a year. Where is the outrage about that?

    Shouldn't we put the Earth out of business? Shouldn't we at least cancel Earth Day?

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    nuffalready (anonymous profile)
    May 1, 2008 at 9:07 p.m. (Suggest removal)

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