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HomeMy WebLinkAboutMINUTES - 06141988 - 2.6 Z-006 TO- BOARD OF SUPERVISORS FROM: Phil Batchelor, C ltra County Administrator DATE: June 7 , 1988 COJ* SUBJECT: RESPONSE BY SHELL OIL COMPANY TO REQUEST FOR MITIGATION CLEAN-UP MEASURES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Acknowledge receipt of the response from Shell Oil Company to the Board' s May 3 , 1988 request for specific actions relating to the April 23 oil spill. BACKGROUND: On May 3 , 1988 the Board of Supervisors requested that Shell Oil Company be asked to take specific actions. The Board requested that Shell Oil' s response be placed on the Board' s agenda for June 14 , 1988. Attached is the response which has been received from Ron Banducci, Manager, Martinez Manufacturing Complex, Shell Oil Company. e CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OFBOARD COMMITTEE APPROVE OTHER S GNATURE(S1: ACTION OF BOARD ON June 14 , 1988 APPROVED AS RECOMMENDED X OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: _ NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County AC31I11I11StratOr ATTESTED COUntV C011I1Sel PHI BATCHELOR, CLERK OF THE BOARD OF Health. Services Director SUPERVISORS AND COUNTY ADMINISTRATOR Director of Community Development District Attorney ` f n( BY vi�i.L��oC✓ ,DEPUTY MM382/1-83 — Shell Oil Company P. O. Box 711 Martinez, California 94553 Telephone:228-6161 June 7, 1988 Mr. Claude L. Van Marter Assistant County Administrator County of Contra Costa County Administration Building 651 Pine Street, 11th Floor Martinez, CA 94553 Dear Mr. Van Marter: Shell appreciates the opportunity to respond to the Board of Supervisors' requests, dated May 20, 1988, relating to the April 23, 1988 crude oil spill at the Martinez Manufacturing Complex. I again express to the Board of Supervisors and the community, on behalf of Shell Oil Company and the men and women of the Complex, our deep regret over what has happened. At the outset of the spill Shell made public commitments regarding the incident, namely: To clean up the spill . To work with State and Federal agencies in restoring the environment. To recognize our responsibilities to our neighbors. We believe we have been meeting these commitments and we intend to continue doing so. With respect to your specific requests, Shell responds as follows: 1. Status of Cleanup Essentially all free-floating oil has been removed from the Carquinez Strait and from marshy shorelines and sloughs. The small amount of oil remaining in the marshland south of Waterfront Road is continuing to be cleaned up. This is being done by selective use of sorbent pads and "pom-poms." DAAK8814505 - 0001.0.0 Page 2 Where necessary, oiled vegetation has been removed. Bullrushes, grasses, and other vegetation which have thick coatings have been cut and removed. The purpose of the cutting has been twofold: to ensure that birds and mammals cannot contact the oil , and to hasten natural weathering and removal of oil from the environment. All cleanup activities in the marsh areas are being undertaken with the advice and direction of the California Department of Fish and Game. Pleasure and commercial boats are being removed from the water and cleaned. To compensate boat owners for their inconvenience while the marinas were closed, one month's berthing fees at the Martinez Marina were paid by Shell ; one-half month' s fees were paid at Solano County' s Benicia and Glen Cove Marinas. The Martinez Marina was the most heavily impacted of the three local marinas due to the period of time it was closed and because of its use by Clean Bay as headquarters for the oil spill cleanup operations. Essentially, all free-floating oil has been removed from the marinas. The cleaning of pilings, docks and fenders is nearly complete. The marinas are open. In Martinez, Shell is replacing the oil-stained rip-rap, as well as the landscaping, along approximately one-quarter mile of shoreline at Waterfront Park. Rip-rap replacement is anticipated to be completed by the end of June. Residential shorelines in Contra Costa and Solano counties have been cleaned. Rocky shorelines, where public access is frequent, have been cleaned by steam and/or high pressure water. The shoreline cleanup has been conducted pursuant to guidelines approved by the U.S. Coast Guard and the California Department of Fish and Game. Cooperation between Shell and the state and federal agencies directing the cleanup (U.S. Coast Guard, California Department of Fish and Game, and the Regional Water Quality Control Board) has been prompt and outstanding. The cleanup effort has involved hundreds of people. In addition to local Shell personnel , workers have come from Clean Bay (the industry-sponsored cleanup organization), Shell locations throughout the U.S. , and from numerous volunteer groups. Both Shell and non-Shell wildlife specialists have been involved. These efforts will continue until both Shell and the responsible agencies are satisfied that the job is complete. To date, Shell has expended more than $6 million toward this effort. 2. Shell Marsh In July 1984, Shell sold approximately 245 acres of undeveloped land east of Interstate 680 to Dynasty Development Company, which in turn transferred this property to the current landowner, DAAK8814505 - 0002.0.0 Page 3 Keeneland Associates. Of the area sold, approximately 92 acres were made up of seasonal wetlands and/or marsh. The balance of the property is comprised of the upland hill area separating the wetland from Acme Fill. It is Shell ' s understanding that approximately 46 acres of the wetlands area that were sold by Shell to Dynasty Development Company have been acquired within the past year by the Mt. View Sanitary District. At the present time, approximately 46 acres of wetlands and/or marsh in the "Shell Marsh" are still in private ownership. The upland portion of the property sold to Dynasty Development Company does not appear to have been affected by the spill and, therefore, has not been the focus of any restoration or rehabilitation efforts. With regard to the seasonal wetlands and/or marsh portion of the property, Shell acknowledges its obligations to clean up the oil and to compensate all appropriate parties for damage to the wildlife or other natural resources of the wetlands caused by its oil spill . To meet these obligations, Shell has undertaken an extensive and cooperative effort to recover the oil spilled in the wetlands and/or marsh portion of the property, and such recovery is nearing completion. Over the next several months, Shell commits to work cooperatively with, and under the direction .of, appropriate agencies to undertake whatever remaining steps are necessary to complete this recovery process. In addition, Shell commits to undertaking a scientific study aimed at evaluating both the short-term and long-term effects of the oil spill on the wetlands and/or marsh portion of the property. Shell is currently optimistic that both of these commitments can be successfully fulfilled with the cooperation of the landowners and/or with the cooperation of the public agencies involved in the cleanup and restoration efforts. With regard to the suggestion that Shell purchase the marsh and upland area, .Shell understands that litigation is pending regarding a significant portion of the "Shell Marsh." In view of the uncertainty caused by the litigation., it would be inappropriate for Shell to comment on ownership issues at this time. In any event, Shell does not believe that satisfactory restoration and/or rehabilitation of the marsh is dependent on or requires the repurchase of the land affected by the spill . 3-5. Rehabilitation Program, Long-Term Studies, .Trust Fund Shell , in cooperation with federal , state, and local agencies, has begun to develop a comprehensive plan to study the effects of the April 23 oil spill . Preliminary meetings have been held with the interested agencies. DAAK8814505 - 0003.0.0 r Page 4 The purposes of the proposed study are: To document the effects of the April 23 spill on the biological resources and habitats of Peyton Slough, Carquinez Strait, and western Suisun Bay. To document the effects of cleanup activities on the resources and habitats in the study area. To document the recovery of these resources and habitats. The study plan will be put into operation following review and approval from the several federal , state, and local agencies which are involved. Public comment is a part of this process. Studies to determine the recovery of resources and habitats may take a year or more to complete. At that time, a restoration plan, developed to mitigate any long-term effects of the spill , can be put into operation. The specific points made in the Board' s requests will be considered in the development of a final restoration plan by the agencies involved, Shell , and consultants. While the outcome of the formal and extensive Damage Assessment and Mitigation Study should not be prejudged, elements of the Board's requests may be included in final mitigation recommendations. We believe we have demonstrated that every effort is being expended to restore the affected wetlands and to complete the shoreline cleanup. From the outset, cleanup and restoration of the environment has been our goal . That shall continue until the job is completed. Shell has been a proud and responsible member of the Martinez and Contra Costa County communities for more than 73 years, and values the positive relationship that has developed between us and our neighbors. Restoration of public confidence and trust in our ability to operate in a manner compatible with the environment is of the utmost importance to all of us at the Complex. Sincerely, R.J. Banducci Manager Martinez Manufacturing Complex DAAK8814505 - 0004.0.0