Greenpoint Newtown Creek Oil Spill e-Resource

Hevesi sent a letter to State Department of Environmental Protection (DEC) Commissioner Denise Sheehan stating that the agency should not negotiate an agreement with ExxonMobil until an independent study has been completed. Hevesi proposed paying for the study by using money from the New York Environmental Protection and Spill Fund, or Oil Spill Fund as it is commonly known. Money in the fund comes from a small tax on every barrel of oil sold in the state.
"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," read a statement issued by Hevesi on Monday, "is to be absolutely certain of the full extent of the contamination."
The spill was first discovered leaking into Newtown Creek in 1978, and has been estimated at 17 million gallons, and limited remediation has been conducted over the past 30 years. However, critics argue that during that time the exact size of the spill has never been determined, but many believe it is much bigger than 17 million gallons. The majority of the information used by DEC to monitor the spill actually comes from a consultant hired by ExxonMobil, Roux Associates, which is currently listed as a defendant in multiple lawsuits filed on behalf of North Brooklyn residents.
"If an agreement requires incomplete cleanup, the environment and the health of the people of Greenpoint could be at risk," continued Hevesi. "And state taxpayers could be left paying the bill that should be rightfully borne by the oil companies."
In his missive, Hevesi outlined a four-point plan:

o Delineate the vertical and horizontal extent of the plume, including any oil that has dissolved into groundwater and has contaminated soil.
o Perform comprehensive indoor air and soil-vapor sampling at any residence or business located within the footprint of the plume.
o Perform comprehensive sediment sampling in Newtown Creek to determine if the contamination extends beyond the creek.
o Stop the seep into Newtown Creek.

"I look forward to working with the comptroller to make sure ExxonMobil clean up their mess," said Councilman Eric Gioia, who represents Long Island City on the other side of Newtown Creek in Queens. "They've ignored their environmental responsibilities and the health and safety of New Yorkers for decades while they continue to make money hand over fist - people have been thrown in jail for less."
If enacted, this will be the fifth Order of Consent that DEC has signed relating to the Greenpoint oil spill, and its third with ExxonMobil. Rumors have been circulating for a while that DEC and ExxonMobil have been negotiating a new Order of Consent, however, drafts of such an agreement have not been seen by the public, the Comptroller's Office, or local elected officials. According to Hevesi, the Office of the Attorney General, who would likely not be able to take legal action if the consent order were signed, has also not had a chance to review the consent order.
Other legal action that might be affected if the order is signed is a lawsuit filed by Riverkeeper against ExxonMobil, attempting to force an expedited cleanup of the spill. Basil Seggos, an investigator for the environmental watchdog, was pleased to hear news of Hevesi's dispatch to DEC.
"The comptroller has really shown leadership that unfortunately has been lacking from state agencies," praised Seggos. "I'm really glad that he is standing up and pledging the extensive resources of the fund."
A court could rule that Riverkeeper's suit has no merit, finding instead that the Order of Consent already holds ExxonMobil responsible.
"There is a chance for a signed order to affect our lawsuit," explained Seggos. "I think that is what everybody is worried about."
While Hevesi's office oversees the Oil Spill Fund and has offered to pay for an independent study, they can't force DEC's hand.
"In fact, we can't even do the studies unless they ask for it," admitted Dave Neustadt, a spokesperson for the Comptroller's Office.
Seggos is optimistic, however, that the DEC will take the comptroller up on his offer and accept the money.
"I don't see why they wouldn't take advantage of extra financial resources," he said. "They've been saying for years, and possibly with merit, that they are understaffed and underfunded, and that can no longer be an excuse for inaction."
Teresa Toro, a Greenpoint resident, Community Board 1 member, and plaintiff in Riverkeeper's lawsuit, praised Hevesi's actions.
"State DEC has taken ExxonMobil's word for it for far too long that ExxonMobil is doing everything it can," chided Toro. "In doing so, DEC has violated the trust of our community by not being completely transparent about its dealings with ExxonMobil.
"I hope that Comptroller Hevesi's actions will result in a more transparent process and a faster more through cleanup of Newtown Creek," Toro added.
Maureen Wren, a spokesperson for DEC, said that Hevesi's offer to use Oil Spill Funds to pay for a study was unnecessary, as the four main things he is calling for are covered under the new consent order. Wren wouldn't share specific details, but she did say that the order was "very close" to being finalized.
"I think what is important, though, is that the four things the comptroller is calling for are already occurring, or will be occurring as part of the new consent order," said Wren. "That is consistent with the 'polluter pays' philosophy, instead of the money coming from the Oil Spill Fund."
As for concerns that information provided by Roux Associates, or anyone ExxonMobil may hire to conduct studies, may be suspect, Wren defended DEC's oversight of the process.
"They are independently certified environmental contractors," she said. "And all of the information is reviewed and examined by DEC experts specially trained to identify problems."