SAN DIEGO – County and city officials
announced Wednesday they had reached a $10.75 million
settlement with Shell Oil Co. over environmental-health
violations at its local gas stations dating back to 1999.
"Today the environment in San Diego just got safer,"
District Attorney Bonnie Dumanis said at a news conference
downtown that also included City Attorney Michael Aguirre,
the head of the county's Environmental Health Department and
other county and city lawyers.
It is the largest
settlement ever in an environmental protection case in San
Diego County.
The enforcement action came after more than 2,200
violations were found during routine county inspections at
Shell and former Texaco stations in the county, officials
said.
The problems discovered included leak-detection
sensors that were tampered with, record-keeping problems and
improper disposal of waste at some stations, officials said.
"Fortunately the violations didn't include gas leaking
into the underground water," Dumanis said.
Shell has agreed to install new tamper-resistant
underground sensors at its 62 Shell gas stations in the
county, increase maintenance and improve employee training
and create management systems to prevent future problems,
according to the settlement. The company also agreed to
install new sensors at 40 other stations in the state.
The company also will pay $4.75 million in costs,
attorney's fees and civil penalties, which will be divided
among the District Attorney's Office, County Counsel's
Office, county Department of Environmental Health and City
Attorney's Office.
The agreement technically is with Equilon Enterprises,
an entity owned entirely by Shell. It was reached less than
a week after the city and county filed a lawsuit against the
company Oct. 6. The judgment was signed Wednesday by
Superior Court Judge Richard E. L. Strauss.
In announcing the settlement, Dumanis warned that
similar action against other gas stations in the region was
possible.
"You cannot continue violating the environmental laws
and endangering the health of people in San Diego without
consequences," Dumanis said. "We are going to hold those
accountable who would wish to pollute our environment and we
are going to hit them where it hurts the most – in the
pocket."
Aguirre said the case centered on leak-detection
systems at gas stations that were supposed to ensure the
integrity of underground storage tanks and make sure
hazardous materials didn't leach into the ground.
"It is a real clear danger to the groundwater supply
here in San Diego," Aguirre said.
Senior Deputy County Counsel Rodney Lorang said
station owners and managers moved or tampered with sensors
that were supposed to detect if water flowed underneath gas
pumps or leaked into the secondary containment systems
around underground storage tanks.
Lorang said new sensors will be installed that will
automatically shut a station down if they are moved. "No gas
will flow. That will force the operators to be more honest,
that will force the owners to provide better systems," he
said.
Violations were found at stations that were owned and
operated by Shell as well as independently owned
franchisees. Shell was held responsible because it owns the
tanks, Lorang said.
Gary Erbeck, director of the county's Department of
Environmental Health, said the company was "pretty
non-responsive" to the violations found at its gas stations
over the past six years.
"It took us a number of years to get their attention,"
Erbeck said.
This is the second major enforcement county and city
agencies have taken against a gasoline company in recent
years.
BP West Coast Products, which owns or franchises 83
ARCO stations inthe county, agreed in September 2003 to a $4
million settlement that arose from an environmental
protection case filed jointly by the county and city.
As part of that settlement, the company agreed it
would install sensors in all of its underground tanks by
January 2004. But in March 2005, it was ordered to pay $1.3
million because it had failed to update sensors on 21 of its
tanks.
During Wednesday's news conference, Aguirre asked one
of his deputies for the city's portion of the settlement.
After putting the checks in his pocket, he joked that he
would hurry them up the street to City Hall. The city is
enmeshed in a fiscal crisis with a pension system deficit of
at least $1.4 billion.
"Let me tell you, at the city of San Diego, we really
appreciate any money we can get," Aguirre quipped. "Believe
me, we will be depositing this immediately into the pension
fund to try to cover that shortfall."
Karen
Kucher: (619) 293-1350;
karen.kucher@uniontrib.com