Office of Public Affairs
U.S. Coast Guard Thirteenth District

Date: October 17, 2006
Contact: Thirteenth District Public Affairs Office
206-220-7237

FEDERAL SETTLEMENT IN DALCO PASS SPILL

"Today's settlement with ConocoPhillips sends a strong signal to the tank vessel industry that those who spill oil and pollute the pristine waters of Puget Sound will be held fully financially accountable.  The Coast Guard and its federal and state partners will continue to emphasize regulatory compliance and oil spill prevention efforts.  Moreover, the lessons learned from the Polar Texas response provide an opportunity to improve our spill preparedness and better ensure protection of sensitive bays, shoreline, and estuaries," said Capt. Steve Metruck, Coast Guard Captain of the Port for Puget Sound.

As the result of a settlement reached today, the U.S. Department of Justice will require that ConocoPhillips repay $2,233,293.94 in pollution removal costs under the federal Oil Pollution Act of 1990, which was passed following the Exxon Valdez spill in Alaska's Prince Williams Sound.  This figure represents 100 percent of all costs that the federal government incurred during clean-up operations in Dalco Pass and Puget Sound. In addition, ConocoPhillips will pay an $80,000 civil penalty under the federal Clean Water Act, close to the maximum administrative civil penalty the Coast Guard could have sought in this case.  On Friday the Washington State Department of Ecology settled a $540,000 claim against ConocoPhillips under state law.  The federal and state government's claims against ConocoPhillips for injuries to natural resources have not been resolved and are not included in the $2.3 million dollars that ConocoPhillips will pay under today's settlement. 

The Coast Guard and the Washington State Department of Ecology conducted an intensive investigation following the October 13, 2004 spill. Investigators were able to match oil recovered from the spill to oil aboard the Polar Texas. The Polar Texas was the only ship in the area carrying crude oil at the time of the spill. The vessels crew had just finished unloading the same oil, Alaska North Slope Crude Oil, to a Tacoma refinery.

The Polar Texas released the oil while departing Commencement Bay on the evening of October 13, 2004.  The spill occurred at the same time that the ship was taking on ballast water during its transit through Dalco Passage, just outside the bay. Tankers fill empty cargo tanks with water to maintain stability. The operation requires care to ensure that residual oil in the on-board tanks or pipelines is not discharged from the ship when seawater is drawn in.

The spill in Dalco Passage went unreported until early the next morning when the captain of a passing tugboat reported oil on the water south of Vashon and Maury Islands. The Polar Texas did not report or assist in the clean up of the spill. State and federal law requires the party responsible for a spill to report it promptly and take financial responsibility for the cleanup.  Despite its federal and state settlements of nearly $2.9 million dollars, ConocoPhillips still has not admitted that Polar Texas caused the spill. 

The spill occurred in Dalco Passage between Tacoma and Vashon Island and spread patches of oily sheen as far south as the Tacoma Narrows and as far north as Eagle Harbor. The sheen touched more than 15 miles of shore along Colvos Passage, the Narrows, and Quartermaster Harbor and left a filmy coating along six miles of southern Vashon and Maury islands.

At its peak, the spill response involved 286 people, 10 oil-skimming vessels, 24,000 feet of boom, three helicopters and additional boats and equipment. Crews recovered an estimated 59 tons of oily debris from shoreline cleanup and 6,842 gallons of oily water from skimming operations.

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