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noholdsbarred - > No holds barred -> Not in our front yard! Kern regulators wake up
Not in our front yard! Kern regulators wake up
P.S. This marks the start of my Wednesday columns. So I'll be trying to write for Wednesday AND Sunday. Shwew!



The ground beneath the Rosedale refinery is shifting.  

And I’m not just talking about the toxic soup pooling dangerously close to drinking supplies.

There’s a new sheriff in town, so to speak, and pollution is Public Enemy No. 1.

That’s too bad for refinery owner Big West of California, now seeking to expand.

While state regulators, in a kind of Rip Van Winkle haze, have (until recently) all but ignored millions of gallons of MTBE, benzene, gasoline and diesel spilled or leaked at the refinery, Kern County regulators are now wide awake.

Kern County planners are reviewing Big West’s environmental study on its expansion and have become keenly interested in The Californian’s recent revelations of past spills and lackadaisical cleanup and enforcement efforts, said Planning Department head Ted James. That includes the unfinished efforts of previous owner Shell Oil.

Meanwhile, the most recently discovered toxic leak continues to flow and no one knows where it’s coming from or when it will stop, according to Matt Constantine, director of Kern’s Environmental Health Department.

Thirty-five feet of crude oil (Big West says it was oil dating from the 1980s) was floating on top of the groundwater when it was caught by monitoring wells in June, Constantine said, a tinge of outrage in his voice.

“And they continue to pull significant amounts” from the same area, he said.

The leak is under the state Regional Water Quality Control board’s jurisdiction. But when Constantine learned of it, he got the California Environmental Protection Agency, Big West and the water board on the phone and demanded answers. He says he’s going to stay in the loop.

Add to that airborne chemical releases, including 3,700 pounds of potentially lethal hydrogen sulfide last October, and Constantine has real concerns. He did say Big West has been responsive to the county.

But the refinery has had “significant environmental failures,” and the question of whether it can ensure safe operations for future expansions is up in the air.

“I am unsure we’re able to say ‘yes’ based on their practices previously,” he said.
That does not bode well for Big West’s expansion hopes.

It does bode well for Kern County.

In years past, local regulators, chiefly Environmental Health, shuffled their feet and looked the other way as companies illegally turned Kern into their own private dumping ground.

Since Constantine has taken over, Environmental Health has jumped on a number of high-profile polluters.

• At the beginning of this year, the department ordered EnviroCycle Inc. to stop taking piles of contaminated soil and oily liquids and clean up its property near McKittrick.

• Hondo Chemical, stockpiling fly ash and petroleum contaminated soils and oily liquids over or near the Kern Water Bank, was ordered to clean up its property in May or face fines. To date, it owes the county $12,000 in fines and has complied to a degree, Constantine said.

• Composting facility Community Recycling near Lamont earlier this month was told to clean up farmland layered with trash-filled compost.

In each of these cases, Constantine noted, the trash, tainted dirt and toxic liquids, almost exclusively came from outside Kern County.

“Talk about NIMBY,” he scoffed. “This is my front yard. And I’m not going to stand for this.”

Refreshing words to a community beleaguered by a reputation as the state’s outhouse. But what happens when the offender is one of our own, the oil industry, a major part of Kern’s economy?

“So what?” he said.

The rules are the same and large corporations have an even greater responsibility to lead by example, he said.

“And they haven’t been.”

No kidding.

Here’s hoping the county keeps up the pressure. It’s only our health we’re talking about here.

Lois Henry’s column appears Wednesday and Sunday. Comment on this column at http://people.bakersfield.c... or e-mail her at lhenry@bakersfield.com or call her at 395-7373.
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posted by noholdsbarred on Wednesday, August 29, 2007 at 09:06 AM
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10 comments from 8 users

1

posted by tkozy on Aug 29, 2007 at 09:40 AM
 

Lori,


Trying to be like me is a good thing I guess.


Keep learning from my blogs. And one day you'll be, 'impotent', like me.. :>)

posted by adampayne on Aug 29, 2007 at 10:04 AM
Once again, the only guy willing to stand up and be counted in trying to protect the health of Kern County residents is Dean Florez. When he blasted this local "regulatory" board for having no interest in enforcing environmental law and through negligence threatened the health of the county's citizens something was put into motion. It is up to us to see to it that Shell and this oil board get sued to the max for failure to clean this hazard up.  Where is Senator Roy Ashburn on this topic? Where is Assembly Woman Jean Fuller on this subject? As usual, strangely silent when public health is involved.  The Supervisors and City Council obviously have important zoning matters, employee contracts and hiring irregularities that must come first.

Thank you, Senator Florez!
posted by mattloch on Aug 29, 2007 at 11:21 AM
On violation enforcements, the health department will defer to the property owner/violator as much as possible. You say you need more time? Sure thing. Having money problems? We understand. You claim you're working on the problem? Good enough for us.

To a certain degree their hands are tied, but to a larger degree they move only as fast as the Board of Supervisors / City Council allows them to. They'll give violators years, sometimes decades, as long as the political will is lacking. But as soon as stories hit the paper, suddenly things speed up. The biggest problem is that things move fast only as long as attention is paid to it. As soon as the paper moves on, attention wanes, and things slow back down again.

That goes 10xs for anything involving the state as a regulatory agency.

Sad but true.
posted by sagefever on Aug 29, 2007 at 11:37 AM
I am tempted to say "who cares" because of the attitudes expressed by those who have fled the "inner city" to their Rosedale "heaven" on these blogs, but I just can not be that shortsighted.  Give 'em the screws I say,keep after these "business men" and keep the heat on Californian. When the first article came out I was flabbergasted by the total lack of public outcry,and our Representatives,except Florez, total lack of concern. Thank you Ms. Henry. Keep it up.
posted by GBeeson on Aug 29, 2007 at 12:20 PM
I am a concerned citizen.  In 2000, I started a phytoremediation project for Equilon at the refinery using Paulownia trees.  It was shut down after 2 years because they said they could not afford it. I offered to donate 18,000 trees to plant the buffer zones.  They still were not interested.  There is only one healthy tree now, which is on the west side of administration building.  Since then, I have been interviewed by Marylee Shrider, with a write up in paper about the tree.  In hopes of continuing the project, I have written letters, made phone calls, with no response.  I have contacted David Couch, Senator Dean Florez, Cal-trans, Equilon headquarters in Houston, TX., to no avail.  It is shame that they would choose to do nothing, knowing that the EPA recommends phytoremediation as a cost effective method to clean contaminated soils, water and air. 
posted by noholdsbarred on Aug 29, 2007 at 04:43 PM
GBeeson:
How much was the project? And was it Shell you dealt with?
posted by GBeeson on Aug 29, 2007 at 06:09 PM
Thank you for responding, as I was the last to post, I wondered if I had contaminated your blog.  If you are asking for the cost of the project it was originally to be 10 acres @ a cost to Equilon of $56,000.  This included trees, and maintenance for 2 years.  We have the documentation.  As it happened, they only planted 168 trees.  I dealt with Equilon Enterprises LLC Bakersfield Refining Company.  At the time Shell held the controlling interest of Equilon over Texaco, after the merger.  Can I help you any further?
posted by ronmexico on Aug 29, 2007 at 06:14 PM

Looks like Shell is going to get their wish afterall.....The shutdown of the Rosedale refinery....

I think Flying J is about ready to throw in the towel.....I give them 6 months..

posted by Mom2CandC on Aug 30, 2007 at 03:06 PM

It's about time that we have someone with the guts to stand up for the citizens of Kern County and speak our mind for us!  Matt Constantine has my support!!!

It's a shame that Equillion / Shell didn't take the initiative to plant the trees and spend a small portion of their huge profits....now they will pay more in fines and assessments, I hope!!!  

Keep up the good work Lois!

posted by noholdsbarred on Sep 1, 2007 at 02:21 PM

GBeeson:

I looked in our archives and didn't find any stories about that particular venture. I did see that Marylee Shrider did a story on your tree farm at one point. Yes, I'd love to look at the documentation and find out why Shell didn't pursue it.

ronMexico:

Why do you think Flying J will be so short lived and that Shell wants that refinery shut down? Just to drive up fuel prices? Or so they can walk away from an environmental mess?

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