DOJ files complaint against BPXA over oil spills
01 April 2009
by Anai Rhoads
AnaiRhoads.org -- The Justice Department, U.S. Environmental Protection Agency (EPA), and the U.S. Department of Transportation announced a civil complaint was filed against BP Exploration (Alaska) Inc. (BPXA) Wednesday.
This civil action follows a guilty plea by BPXA on Nov. 29, 2007, to one count of criminal negligent discharge of oil onto U.S. waters, a serious violation of the Clean Water Act.
BPXA is accused of of violating federal clean air and water laws by illegally discharging more than 200,000 gallons of crude oil from its pipelines onto the North Slope of Alaska.
The two incidents occurred in Spring and Summer of 2006. BPXA failed to implement the prevention measures required by the Clean Water Act. In addition the company mishandled countermeasure and control plans, which is in accordance with basic engineering practices.
The large-scale spills happened in Prudhoe Bay, one of the oldest on the North Slope and considered the largest oil field in North America.
The official complaint also alleges that BPXA is in violation for not properly removing asbestos-containing materials from its pipelines.
BPXA failed to comply with a Corrective Action Order that the Department of Transportation-Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to BPXA pursuant to federal pipeline safety laws.
The PHMSA order demanded that BPXA conduct certain testing, inspection, maintenance and repair activities, all of which were ignored by the company.
The lawsuit was filed by the Justice Department on behalf of EPA and PHMSA and it is seeking civil penalties up to the maximum amount authorised by law for these incidents. In addition, the government agencies are asking the court to order BPXA to systemically inspect all of its pipelines and associated facilities for corrosion to prevent this from happening again.
In 1989, Exxon Valdez was responsible for one of the largest human-inflicted environmental disasters when 10.8 million gallons crude oil leaked into the Prince William Sound, Alaska. Over 11,000 square miles of water were tainted and millions of seals, sea otters, birds and salmon perished.
The court order by the Justice Department against BPXA comes too late. Despite the pleas, court dates and fines - oil companies rarely comply with government issued policies. Oil spills such as these will continue to happen unless the government steps in to investigate the pipes firsthand.
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