Thursday, March 20, 2008
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.