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State Orders Kinder Morgan To Increase Groundwater Testing

Arizona Capitol Reports Staff//January 30, 2004//[read_meter]

State Orders Kinder Morgan To Increase Groundwater Testing

Arizona Capitol Reports Staff//January 30, 2004//[read_meter]

Tests have revealed that gas spilled when a pipeline burst in a west Tucson residential area was more widespread and involved more gasoline than originally reported.

As a result, the Arizona Department of Environmental Quality told Kinder Morgan Energy Partners, the pipeline owner, on Jan. 27 to take aggressive action to prevent the further spread of groundwater contamination.

In a related matter, the House Utilities and Municipalities Committee gave a do-pass recommendation on Jan. 28 to H2030, which increases the fine up to $1 million for a violation of state safety standards for gas and hazardous liquid pipelines.

The break occurred July 30, and Kinder Morgan initially estimated about 10,000 gallons was spilled. The company has now revised its estimate to 19,000 gallons.

In addition, it was originally thought the spill had been confined to the east side of Silvercroft Wash, but two monitoring wells sunk on the west side of the wash during the week of Jan. 19 detected gasoline there.

“These latest findings of additional groundwater contamination on the west side of the wash as well as Kinder Morgan’s admission that the volume of gasoline released is double the original estimate indicates that Kinder Morgan may still not know how much gasoline was released,” said Steve Owens, ADEQ director. “For that reason, we have once again directed them to revise their calculations in light of this new information.”

ADEQ has told Kinder Morgan to install additional groundwater monitoring wells by March 1 to determine the extent of contamination.

“It has been almost six months since the release, and the company’s failure to determine the extent of the contamination in that amount of time is troubling,” Mr. Owens said.

Kinder Morgan released a statement quoting Tom Bannigan, president of Kinder Morgan Products Pipelines, which said: “We are proceeding as quickly and safely as possible. We have received positive feedback and praise from ADEQ staff for how quickly and diligently we are doing our job. We’re both surprised and disappointed to read the director’s comments.”

Tucson Water Director David Modeer told the Tucson Citizen the city’s drinking water is not threatened by the contamination.

The pipeline, which provides a portion of the gasoline supply for the Phoenix metropolitan area, was shut down following the break and prompted a run on area gasoline stations.

To date, ADEQ has issued Kinder Morgan two notices of violation. The first violation on Sept. 11, covered the one-time discharge of petroleum products to surface waters of the state. That violation carried a maximum penalty of $25,000 under state law.

The second, issued Nov. 13, charged the company with violating groundwater quality standards and put the company on notice that ADEQ intends to hold the company responsible for the continuing discharges associated with the spread of contamination from the pipeline break.

Rep. John Nelson, R-Dist. 12, chairman of the House Utilities and Municipalities Committee and a former member of the Phoenix City Council, introduced H2030.

It would increase the minimum civil penalty for a violation of safety standards to $100,000 from $10,000 and the maximum to $1 million from $500,000.

Fines would go into a pipeline safety revolving fund, which would be subject to legislative appropriation. —

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