Greenpoint Newtown Creek Oil Spill e-Resource

Hevesi released a letter he sent to DEC Commissioner Denise Sheehan proposing a four-point plan for determining the full extent of the damage and offering to have the New York Environmental Protection and Spill Compensation Fund, known as the Oil Spill Fund, pay for the studies. The Oil Spill Fund, which is administered by the Comptroller, would seek to recover the costs of the study and of the contamination if necessary from the oil companies responsible for the spill.

"The only way to make sure that ExxonMobil and other oil companies take full responsibility for their share of the extensive damage caused by the massive Greenpoint oil spill is to be absolutely certain of the full extent of the contamination. If an agreement requires incomplete cleanup, the environment and the health of the people of Greenpoint could be at risk. And State taxpayers could be left paying the bill that should be rightfully borne by the oil companies. That's why I have offered to use the Oil Spill Fund to pay for the definitive studies that will tell us for the first time just how big the problem really is," Hevesi said.

Seventeen million gallons of petroleum were spilled in the Greenpoint area of Brooklyn - bigger than the 11-million-gallon Exxon Valdez spill in Alaska. The Greenpoint spill was originally discovered in 1978. Although some limited cleanup has been done, the full extent of the contamination has never been determined almost 30 years later.

DEC is currently negotiating a fifth Order on Consent, its third with ExxonMobil, regarding the Greenpoint spill. An Order on Consent is an administrative cleanup agreement between DEC and the party responsible for pollution at or from a specific site. The order defines the scope and timing of the cleanup activities and may include penalties.

In his letter to Commissioner Sheehan, Hevesi wrote, "To be most effective in protecting the public, such an Order should be based on a thorough and independent analysis of the full extent of the contamination. At the moment, there is nothing in the public record that shows that such an analysis has been conducted. It is my fiduciary obligation to protect and manage the assets of the New York Environmental and Spill Compensation Fund. If the Order does not require the responsible party to fully clean up the contamination, the Oil Spill Fund and the taxpayers could be left with that potentially huge responsibility and health risks may not be completely eliminated."

The letter outlines a four-point plan. Three of the proposals would clearly and independently identify the magnitude of the contamination. The fourth would require immediate action to limit contamination of Newtown Creek, where an oil slick from continued leaking relating to the spill can be plainly seen. (See below)

The plan would have the Oil Spill Fund pay for independent scientists and experts to: Delineate the vertical and horizontal extent of the plume, that is, the extent of the entire oil spill, including the oil that has dissolved into groundwater and has contaminated soil. Defining the plume is standard practice for oil spills and should be performed as soon as possible. Delineation is essential to determine the magnitude of the contamination of the Greenpoint area and the threat to public health. Perform comprehensive indoor air and soil-vapor sampling at any residence or business located within the footprint of the plume that requests such testing. This will address the public's concerns about indoor air quality and potential health effects. Area residents have viewed the offer of testing to date with skepticism because it would be handled by consultants for ExxonMobil.

Perform comprehensive sediment sampling in Newtown Creek to determine if the contamination extends beyond the creek, or is migrating up through creek sediments into the creek itself. Stop the seep into Newtown Creek. Recovery wells should be installed as soon as possible to intercept all petroleum before it reaches the creek. Also, the bulkhead should be sealed to provide a physical barrier.

Hevesi's letter continues: "My office has had access only to information that is publicly available. If DEC has evidence that has not been provided to the public demonstrating that the steps I recommend today have been taken and their results independently verified, I would welcome the opportunity to review such information. If such studies have not been conducted and independently verified, I call on you to suspend negotiation of the Order with ExxonMobil and allow DEC and the Oil Spill Fund to conduct these studies immediately. The people of Greenpoint and the state could be left at risk if an Order is negotiated without knowing the full extent of the damage.

"Given increasing press coverage of this problem, recent litigation related to the contamination, significant pressure from elected officials, and the frustration of Greenpoint residents over the insufficiency and slow pace of the cleanup, I believe that it is essential that DEC provide maximum public input and review of any proposed solution. Therefore, I urge you to open to all stakeholders the entire process of planning, remediation and negotiations with the responsible parties. Also, I request that you enable my office and the Office of the Attorney General to review the proposed form of any such Order.

"We must be certain that the cleanup protects the community, the State, and the environment. The information that would be provided by the studies we propose would strengthen your agency's ability to ensure that an Order is as strong and effective as possible. I look forward to working with you on this issue."

The New York Environmental Protection and Spill Compensation Fund, part of the Office of the State Comptroller, was established to provide for the expeditious cleanup of spills. Article 12 of the New York Navigation Law makes the Oil Spill Fund strictly liable for petroleum contamination. Under Article 12, the Oil Spill Fund pays for the cleanup of petroleum spills when the responsible party does not, and pays damage claims for those injured by a spill. The Oil Spill Fund must seek reimbursement of its costs and can seek penalties for violations of Article 12.