HomeMy WebLinkAboutres2003-008WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 - 79
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Ong. Dept: County Council
1/27/2003
Division Head'.
Dept. Head:
Prosecutor:
Budget:
Executive',
SUBJECT:
Res. supporting criminal & civil funds for restoration of Olympic Pipeline.
ATTACHMENTS
SUMMARYSTATEMENT.
Related Counts, Contract W Should the Clerk schedule ahearingv(YM) Requested Date:
A Resolution supporting the expenditure of Federal and State criminal and civil penalty funds for prevention, response, and
restoration activities related to the June 10, 1999, Olympic Pipeline Accident.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
2003- 79 1/28/2003. Approved 5 -1 -0, Crawford opposed, Nelson
absent, Res #2003-008
Related File Numbers: Ordinance or Resolution Number (this item only):
.,ES .,A-- 2003- 008
SPONSORED BY: Consent
PROPOSED BY:Seth Fleetwood
INTRODUCTION DATE: January 28, 200
RESOLUTION NO.2003 -008
SUPPORTING THE EXPENDITURE OF FEDERAL AND STATE CRIMINAL AND CIVIL
PENALTY FUNDS FOR PREVENTION, RESPONSE, AND RESTORATION ACTIVITIES
RELATED TO THE JUNE lo, 1999, OLYMPIC PIPE LINE ACCIDENT
WHEREAS, on June 10, 1999, the Olympic Pipe Line ruptured in Whatcom
Falls Park, within the City of Bellingham, Whatcom County, Washington, resulting in
an explosion and fire which caused the death of one young man and two children,
devastated the park and Whatcom Creek, and destroyed all life in the creek below
the spill site; and
WHEREAS , the tragedy resulted in (1) significant damage to ecological and
recreational resources in the vicinity of Whatcom Creek and Whatcom Falls Park,
(2) a recognition that future emergencies of the magnitude experienced on June
10, 1999, require emergency response communication capabilities that are
currently insufficient in our community, and (3) recognition that current oversight
by pipeline companies and regulatory agencies is insufficient to ensure pipeline
safety, and
WHEREAS, pipelines have the potential to be the safest means of fuel
transportation if oversight is sufficient, yet unacceptably high frequency of pipeline
accidents continues to occur, and
WHEREAS, a large number of community members and local government
workers and officials have expended significant efforts working to restore the
damaged area, reevaluating emergency response communication plans and needs,
and working to prevent future pipeline accidents here and around the country, and
WHEREAS, one key element in the recovery of the local community is the
continued involvement of its citizens in ensuring that the likelihood of another
tragedy here and elsewhere is greatly reduced, and
WHEREAS, a second key element of recovery is the continued monitoring and
restoration of ecological and recreational resources damaged or lost as a result of
the pipeline accident, and
WHEREAS, a third key element of recovery is the enhancement of local
emergency response capabilities, particularly as they relate to communications
among emergency responders, and
Resolution Re: Expenditure of Olympic Pipeline Penalty Funds
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WHEREAS, civil and criminal fines and settlement funds are appropriate
resources to fund the local prevention, response and restoration activities
mentioned above; and
WHEREAS, the Defendant pipeline companies that caused the June 10, 1999
explosion in Bellingham have been required by court order to pay $25 million
dollars in criminal fines, at least $15 million dollars in civil fines, and devote tens of
millions of dollars to improving pipeline safety, and thus far, only $12.5 million of
those funds have been allocated to be spent in Whatcom county; and
WHEREAS, The Whatcom County community believes that a larger proportion
of these funds should be spent in the community where the damage occurred and is
still present, and
WHEREAS, Whatcom County has been asked to recommend how certain
funds stemming from the above court order should be spent in the community.
NOW, THEREFORE BE IT RESOLVED by the Whatcom County Council that
Whatcom County hereby recommends that a portion of the state and federal civil
and criminal settlement funds resulting from the June 10, 1999, Olympic Pipe Line
Company tragedy be dedicated as follows:
The Whatcom County community has identified four particular
projects that will substantially improve the community and prevent
such a tragedy from occurring in the future. The community believes
that all are equally important and should be fully funded. They
include (in alphabetical order):
$2 million for improvements to the countywide emergency
response communication system;
$5 million for park and ballfield development near Squalicum
Creek (acquisition of the land will be accomplished with other
funds);
$8 million for a pipeline safety trust; and
$5 million for a restoration trust.
This totals $20 million and should be funded by the criminal and civil
fines paid by the oil company defendants, regardless of which
government entity controls the distribution of these fund.
BE
IT FURTHER
RESOLVED that the
following
specifically described funds
should be
spent in the
community:
1. The $5 million portion of the Equilon criminal fine controlled by the
U.S. Attorney's office; and,
2. The $7.5 million portion controlled by the Department of Ecology in
conjunction with the oil company defendants.
BE IT FURTHER RESOLVED that it is Whatcom County's strong
recommendation that the two funds immediately described above be allocated to
Resolution Re: Expenditure of Olympic Pipeline Penalty Funds
Page 2
fund 60% of the budgeted amounts for the projects first listed above, and while this
may not be an adequate amount for those projects it is the highest and best use for
this limited $12.5 million currently being allocated, more specifically:
The entire $5 million controlled by the U.S. Attorney's office should
be allocated to the Pipeline Safety Trust;
$3 million should be allocated to the City of Bellingham's
park /ballfeld development project from the Department of Ecology
funds;
$3 million should be allocated to the City of Bellingham's Restoration
Trust from the Department of Ecology funds;
$1.2 million should be allocated to upgrade the countywide
emergency communications computer aided dispatch (C.A.D.) system
from the Department of Ecology funds; and
The balance of $300,000 from the Department of Ecology funds
should be allocated to the Coastal Protection fund.
BE IT FURTHER RESOLVED the County Executive and other local
elected officials are encouraged to work with federal and state agencies and
officials to obtain the balance of the $20 million in funds needed to complete
these projects from the pipeline settlement funds and other sources.
APPROVED this 28th day of January, 2003.
ATTEST WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown- Davis, Clerk of the Council Dan McShane, Council Chair
APPROVED AS TO FORM:
r
i> C�y
Civil Deputy Prosecutor
Resolution Re: Expenditure of Olympic Pipeline Penalty Funds
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