District Attorney Settles With County Public Works Over Criminal Charges In Toro Canyon Oil Water Separator
Since Public Works WRD had operated the site without any of the required permits, when CUPA received the spill report, officials were not even aware the System was still operational. CUPA immediately inspected the OWS and found a significant number of violations, including the failure to have a Hazardous Materials Business Plan outlining how to handle spills, and serious deficiencies with the UST’s integrity. Public Works WRD was given three months to correct the violations.
After three months, Public Works WRD had neither fixed the violations nor taken meaningful steps to address the oil actively leaking from the pipeline. Instead, it embarked on a months-long process of applying for grant funding from the SWRCB. Meanwhile, oil continued leaking and began migrating toward Toro Canyon Creek. On December 3, 2020, a Public Works WRD employee wrote in an email: “Each day, more and more oil is leaking out of that pipe and soaking into the ground and it worries me.”
Oil spill at Toro Canyon in January 1, 2023 (Photo: Santa Barbara County Fire Department)
By January 21, 2021, Public Works WRD employees noticed oil spilling into Toro Canyon Creek at an alarming rate. Ten days later, on February 1, 2021, the SWRCB approved funding. However, because the SWRCB attached a condition that the County continue to operate and maintain the OWS, the County did not initially accept the funding.
Oil continued to accumulate in Toro Canyon Creek as California Department of Fish and Wildlife (“CDFW”), Santa Barbara County Fire, and CUPA personnel pushed for Public Works WRD to act. Area homeowners also expressed concern to Public Works WRD, writing on April 17, 2021: “substantial amounts of oil are flowing into the creek.”
In July of 2021 the County had accepted SWRCB funding and the agency approved a contractor to begin fixing the pipeline and remediating the oil in Toro Canyon Creek. By then, the creek was completely saturated with oil for the entire length of its surface flow—more than 250 feet downstream of the leak.
When Public Works WRD began cleanup, however, they failed to notify any regulatory agencies. Although documents show employees were aware they needed a CDFW permit to perform work in the creek, they instructed contractors to begin vacuuming the creek without notifying CDFW or conducting any environmental impact assessments. When CDFW learned about the work, it ordered Public Works WRD to conduct remediation under CDFW supervision. Cleanup lasted several months and ultimately cost the County approximately $700,000.
Oil spill at Toro Canyon in January 1, 2023 (Photo: Santa Barbara County Fire Department)
The County’s lack of timely response and required notifications also had a significant environmental impact. Toro Canyon Creek is a major wildlife corridor that supports numerous species of birds, mammals, and aquatic animals—including many species of special concern. Larger animals such as bears and mountain lions rely on the creek for its year-round water supply. Because of the oil, residents resorted to leaving water in their yards for these animals.
Due to the extensiveness of the oil saturation, CDFW required assistance from multiple animal rescue organizations. In all, 14 mammals and 18 birds were found dead; 93 reptiles and amphibians were covered in oil and had to be cleaned and released; and one amphibian died before it could be released.
Despite these impacts, by September 30, 2022, Public Works WRD had not corrected a majority of the violations CUPA cited during its inspections in 2020 and 2021—one of which was the system’s failure to have a functioning leak-detection alarm. Because of these deficiencies, in the early morning hours of January 1, 2023, during a rainstorm, the UST overflowed. Since the leak-detection alarm was not working, no one learned of the spill until nine hours later when a homeowner saw oil flowing in Toro Canyon Creek.
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