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Energy company Kinder Morgan Energy Partners will pay $2.5 million in fines, penalties and assessments following the November 2020 underground gasoline spill that spewed over 63,000 gallons of gasoline into a Walnut Creek waterway, California Attorney General Rob Bonta announced last week.
“While we can’t undo the damage already done to the community and the environment, we are here today to secure justice for the residents of Walnut Creek and announce the sentencing of Kinder Morgan,” Bonta said at a press conference.
Maintenance workers first reported a compromised pipeline on Nov. 20, 2020 near South Broadway in Walnut Creek, and also reported the smell of gasoline near the Walnut Creek Flood Control drainage canal near Walnut Creek and Arroyo channels on Dec. 2, 2020.
Upon an extensive investigation of the incident from the California Department of Fish and Wildlife, The Department of Justice deemed Kinder Morgan Energy Partners’ SFPP system in violation of two state codes — California Government Code 8670.64, which penalizes those who knowingly cause an oil spill and fail to follow administrative directions, and Fish and Game Code 5650, which states it’s illegal to dump oil in the waterways.
According to the investigation, SFPP employees waited until there were visual signs of a gasoline spill before contacting the California Governor’s Office of Emergency Services, despite earlier warning signs. SFPP also allegedly took over two weeks to measure the size of the spill and complete an incident report to corresponding state agencies.
The energy company pleaded no contest to the criminal charges.
Along with the fine, the Contra Costa County Superior Court ordered SFPP to be on an 18-month probation. During that time, the company must train staff on how to notify agencies of potential spills, install leak detection systems in its pipeline and improve spill volume calculation speeds.
“This plea agreement represents our strong partnership with the Attorney General’s office and to pursue companies and hold them liable and penalize when they pollute when they knowingly failed to begin appropriate cleanup measures as required by state law,” said Wildlife Officer Ryan Thiem of CDFW at the press conference.
Bonta said he’s committed to bringing justice to those who harm California’s environment and communities.
“Today’s sentencing should serve as a reminder to corporate polluters everywhere: if you endanger our communities and environment by failing to follow the law, you will be held accountable,” Bonta stated.
