Legislation that likely would have contained a Dec. 30 oil spill off the Edmonds waterfront was approved Monday, clearing the way for tougher on-water fueling regulations to be put in place by 2006.
Meanwhile, details have come out on a series of apparent mishaps that occurred in the moments after the Point Wells spill occurred, problems that tougher fueling regulations could have prevented, said Rep. Mike Cooper, D-Edmonds.
According to details from the state Department of Ecology’s ongoing investigation into the spill, attempts to put booms into the water to contain the spilling oil were thwarted.
Apparently the boat that was supposed to be used to circle the boom around a barge that was being refueled would not start. A second boat that workers tried to use also would not start.
Because of the boat problems, it took about 90 minutes to get the boom in place, according to documents obtained via a Freedom of Information Act request.
An estimated 4,637 gallons of fuel spilled when a Foss Maritime barge was overfilled. Damage has not been determined, but estimates are more than $1 million.
"If there had been (a) boom around the barge, then the oil wouldn’t have gotten out into the Sound," Cooper said.
Cooper’s bill will require that booms be used in the vast majority of on-water fueling. It was approved unanimously in the Senate on Monday and unanimously by the House last week.
Gov. Gary Locke has to sign the legislation, considered largely a formality.
The bill requires the state Department of Ecology to write rules requiring the use of booms while also allowing exceptions when booming doesn’t make sense, such as in bad weather, low tides or on rivers. Cooper said he also envisions exceptions for refueling operations that use technology that makes booming unnecessary.
Such exceptions weaken the legislation, said Leonard Forsman, a spokesman for the Suquamish Tribe on the Kitsap Peninsula, which will be dealing with the consequences from the oil spill for years, if not decades to come.
"We think it waters it down," Forsman said, adding he hopes the tribe’s voice is not drowned out by powerful companies such as Chevron and Foss as the rules are written. "We’re just looking forward to having a meaningful tribal presence in the rule-making process."
The fuel spill caused serious damage to an estuary across Puget Sound on the Kitsap Peninsula. Called Doe-Keg-Wats Marsh, the estuary is a critical shellfish harvesting area for the Suquamish Tribe. Because of the spill, the shellfish beds are closed until further notice.
It’ll likely take the Department of Ecology about a year to write the legislation, a process that will involve getting public feedback, said Sheryl Hutchison, an agency spokeswoman.
The department had been set to ask the Legislature for booming legislation next year, something that could have taken years to get approval for without the Point Wells oil spill.
"One of the glaring holes, for a long time, has been this fueling on water," Hutchison said. "This spill helps us get (to tougher regulations) faster."
Representatives from Foss and Chevron, which was fueling Foss’ barge when the spill occurred, said they support Cooper’s bill.
Both declined to comment on blow-by-blow details of what happened in the moments after the spill occurred.
"This incident is still under investigation," said Marielle Boortz, a Chevron spokeswoman. "We would hope people would hold their judgment (on what happened) until investigations are complete, and an until the agencies have released their reports."
Both the Department of Ecology and the U.S. Coast Guard are investigating the spill.
Reporter Lukas Velush:
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