By Jason Stuart
Ranger-Review Staff Writer
The Montana Department of Environmental Quality has announced the first official fines to be levied against Bridger Pipeline for the January 2015 rupture of the company’s Poplar Pipeline just upstream from Glendive which released some 30,000 gallons of crude oil into the Yellowstone River.
The DEQ announced Monday that Bridger has agreed to a “Consent Order” under which the company will pay a $1 million civil penalty for the spill, the first in what is likely to be a series of state and federal fines and penalties for the spill.
“This is basically the penalty that the DEQ assesses simply because the (oil) release happened and there was a violation of Montana water quality standards,” said Laura Alvey, project manager of DEQ’s Waste Management and Remediation Division.
The Ranger-Review did not receive a response to messages requesting comment left for Bridger spokesman Bill Salvin before press time.
Under the terms of the Consent Order, $200,000 of the penalty will be paid by the company directly into the state’s general fund. For the remainder of the fine, Bridger is required to come up with an $800,000 supplemental environmental project which they will have to implement within the spill area — that is along the Yellowstone between Glendive and the North Dakota state line. None of the fine goes directly to the DEQ.
“We don’t actually get any money,” Alvey said. “It’s Bridger’s job to come up with the supplemental environmental project, we just review their plan and say yes or no, and hopefully it will be something that benefits the local community.”
DEQ’s announcement of its fine against Bridger also has no impact on other fines the company is facing. Alvey noted that in an oil spill situation like this one, multiple state and federal agencies have different fines and penalties they could assess the responsible party.
The largest fine Bridger may face will likely come from the Montana Department of Justice’s Montana Natural Resource Damage Program, which, together with the U.S. Department of the Interior, announced its intention in October to seek natural resource damages against Bridger for the spill.
It was through that process that Exxon was assessed a $12 million penalty earlier this year for its 2011 pipeline spill in the Yellowstone near Laurel. Alvey noted that unlike the DEQ’s fine, all the money from any penalty assessed to Bridger under that program would go towards natural resource restoration efforts along the Yellowstone.
Bridger has already made voluntary contributions in the wake of the oil spill. The company has to date paid a little over $80,000 to cover the state’s cost of managing the spill. The company also purchased two state-of-the-art pieces of volatile organic compound testing equipment for the Glendive water treatment plant in the immediate aftermath of the spill, a contribution of more than $50,000.
As for the DEQ fine to Bridger, the agency is currently accepting public comment on the Consent Order. Alvey and other DEQ officials encouraged Glendive residents to submit any comments they might have.
“The spill impacted the City of Glendive, its drinking water supply and the many people that live there,” said DEQ Director Tom Livers in a released statement. “It’s important we get public input on the proposed Order, especially from those in the community.”
The 30-day public comment period is open through Jan. 23, 2017. Written comments can be sent to Laura Alvey, DEQ Waste Management and Remediation Division, PO Box 200901, Helena, MT 59620-0901, or by email to lalvey@mt.gov. The Consent Order is available for public view on DEQ’s website at http://deq.mt.gov/Public/publiccomment.
Reach Jason Stuart at rrreporter@rangerreview.com.