Chico CA (8/14/2012) – Summary of events: On 11-24-2010 approximately 6,225 square cubic feet of gas was released into the atmosphere to clear a suspected hydrate freeze in a process gas filter at the Wild Goose Gas Storage Facility. A hunter was hunting nearby in the Grey Lodge Waterfowl Management Area and noticed the strong smell of gas in the area. The hunter continued to hunt in the area and heard loud noises from the vicinity of the Wild Goose Gas Storage Facility. The hunter became nauseous because of the strong smell of gas and later reported the incident.
Employees of the Grey Lodge Waterfowl Management Area have smelled gas in the area. One employee has smelled the odor of gas on different days as he is driving to work. He describes the gas odor as very strong.
Based on the statements of the witnesses and the e-mails from employees, the Wild Goose Gas Storage Facility has periodically released gas into the atmosphere during cold weather conditions. Representatives/employees of the Wild Goose Gas Storage Facility determined that they were not required to make any notification to any public agency; regarding the release of the gas into the atmosphere.
Charges:
1. Health & Safety Code 42400(a): failure to report the release of pressurized natural gas, an air contaminant
2. Health & Safety Code 25503.5: failure to implement a business plan for emergency response, specifically a failure to report the release of pressurized gas as required by 19 California Code of Regulations 2703(a)
3. Health & Safety Code 25503.5: failure to implement a business plan for emergency response, specifically a failure to conduct annual training required by Health & Safety Code 25504(c)
4. Health & Safety Code 25507: failure to immediately report a release of hazardous materials
5. Health & Safety Code 25509: failure to submit a hazardous material inventory form, specifically a failure to submit Hazardous Material Inventory forms as required by Health & Safety Code 25509(a) and 19 California Code of Regulations 2729.1(a)(1)
6. Health & Safety Code 25505(a)(1): failure to submit a business plan, specifically a failure to identify emergency response procedures in the event of a reportable release required by Health & Safety Code 25504(b)
7. Health & Safety Code 25505(a)(1): failure to submit a business plan, specifically a failure to identify emergency response procedures in the event of a reportable release required by 19 California Code of Regulations 2729.2(a)(3)
Wild Goose Storage, LLC Settlement Summary
1. Within 30 days of the date of the settlement, Niska Gas Storage Partners LLC and its subsidiary Wild Goose Storage, LLC shall pay $15,000 as directed by Butte County District Attorney Mike Ramsey to the Big Chico Creek Ecological Preserve of the CSU Chico University Foundation for environmental education in Butte County.
2. Niska Gas Storage Partners LLC and its subsidiary Wild Goose Storage, LLC will amend its facility operation information to include the minimum standards described at 49 USCS § 60102 (d).
3. Niska Gas Storage Partners LLC and its subsidiary Wild Goose Storage, LLC will prepare and follow its manual of written procedures for conducting emergency response as required at 49 CFR 192.615.
4. Niska Gas Storage Partners LLC and its subsidiary Wild Goose Storage, LLC will revise its emergency response plan to conform to 49 CFR 192.615.
5. The parties to the agreement acknowledge that nothing in the agreement will negatively affect the assertion by Niska Gas Storage Partners LLC and its subsidiary Wild Goose Storage, LLC that the subject matter of this prosecution is preempted by federal law and defendants will not be stopped from claiming preemption due to any of the terms of the agreement.
Prepared by Jarod Proffitt, Investigative Assistant
Contact: Mr. Harold M. Thomas, Special Deputy District Attorney, Butte County, (530) 538 ? 3816, hthomas@buttecounty.net
