Wolk Calls Upon State To Fine Pipeline Owner

Kinder Morgan faces possible penalties for Suisun Marsh spill

In the letter, Wolk urges appropriate and timely action against Kinder Morgan, who has already been targeted by the U.S. Environmental Protection Agency (EPA) for its "apparent inability to implement basic spill response functions," in reference to the Suisun spill as well as a 2002 response drill in San Diego. The EPA has already stated its intentions to assess penalties under federal law.

In late April, a rupture in a Kinder Morgan pipeline running from Concord to spilled approximately 84,000 gallons of diesel fuel, covering 240 acres of marshland and impacting area wildlife, including the salt marsh harvest mouse, which is listed on both state and federal endangered species lists.

Wolk toured the site immediately after the spill. Given that Kinder Morgan failed to report the spill in a timely manner, Wolk introduced legislation regarding the process by which pipeline owners and operators report discharges to the proper authorities. The legislation, Assembly Bill 1408, would require the immediate reporting of a discharge or threatened discharge in marine waters to the Office of Emergency Services.

"Kinder Morgan's previous actions and lack of preparedness show that a wake-up call is needed to prevent such non-compliance in the future," commented Wolk in her letter. "Repeat offenders need to be punished."

AB 1408 also requires the State Fire Marshall, in its report to the Legislature every five years, to assess the condition of all pipelines in the state. Current law requires the State Marshall to report on pipeline leak incident rate trends and review current regulatory effectiveness with regard to pipeline safety. The bill is now on the Governor's desk awaiting his signature.

Wolk's letter to the DFG is attached.