On Wednesday, Contra Costa Health (CCH) formally requested that the District Attorney consider taking legal action against the Martinez Refining Company (MRC) for not notifying the County after the refinery released more than 20 tons of metal-laden dust into the community over the Thanksgiving holiday.
The accidental release of “spent catalyst” from the refinery began around 9:30 p.m. on Nov. 24 (Thanksgiving Day) and continued into the early hours of Nov. 25, showering the surrounding community in the dust-like substance. Samples of the dust taken later showed it had elevated levels of aluminum and other metals, which could have potentially caused respiratory symptoms in people who breathed it. Prolonged exposure to these metals can lead to health concerns.
MRC did not report the release via the county’s Community Warning System or directly to CCH, as required by the county’s notification policy. CCH learned about the release from media accounts two days after it began. Had MRC followed the notification policy, the Community Warning System would have been activated to notify the community about the hazard at the time of the accident.
“It is unacceptable that the refinery did not notify County Health Services of their chemical release and that the County learned about it through the media,” said John Gioia, Chair of the Contra Costa County Board of Supervisors. “By failing to notify the County in a timely manner, the refinery delayed an emergency response that could have reduced harm to the surrounding community.”
“We rely on our industrial businesses to follow the rules and be good neighbors – and most of the time, they are. But when an industrial facility doesn’t follow the rules and possibly puts its neighbors in harm’s way, as in this case, then they must be held accountable,” said Supervisor Federal Glover, whose district includes the Martinez refinery.
The District Attorney’s Office has approximately 30 days to decide whether to accept the enforcement case referral from CCH.
In a separate but related move, CCH is also recommending an independent investigation and risk assessment be done of the accidental release of spent catalyst from the refinery. The Contra Costa Industrial Safety Ordinance (ISO) Ad Hoc Committee, which is appointed by the County Board of Supervisors, will consider that recommendation at its Jan. 12 meeting at 1 p.m., which is open to the public.
10 comments
Stupid is as stupid does. Maybe the Health dept will subsidize the increased cost of gas now.
I work in a refinery. It is so hard for an oil company to do business in crazy California. Someday they will all just pack up and leave. Turning refineries into storage depots. Pipeline in finished product from out of state. Guess how much gas will cost then???? All gas even natural gas.
How dare the residents of Martinez complain about toxic ash being strewn across their homes. They should just shut up and take the free carwash and call it a day. Have they even thought about how their complaint could effect gas prices?
And who cares if the refinery didn’t alert anyone after the accident. If you live near a refinery or an industrial center you should have no expectation of living in a clean or safe environment.
And what is the local government even getting involved for? Won’t these big corporations just police themselves?
And exactly how much, out of the millions of dollars in fines they’ll probably end up paying, will actually go to those who have actually been affected by those releases?
I might feel differently if fine money were used to benefit actual victims in some way. But we all know it doesn’t. It just ensures that we’ll all pay even more for gas.
So what kind of legal deterrent would you recommend? Do people have to wait until they’re in middle age and develop unusual cancers before they can sue refineries for pollution?
And did you consider the bureaucratic nightmare it would create to figure out what fine money would go to who, in the scenario that you’ve suggested? You would have to create a whole new board of trustees, to assess and investigate claims.
This comes from the same health department that told us how to have sex during the pandemic. The same one that allowed kids who played wind instruments to cut holes in their mask so they can play. The same one that said, even if you are alone in your vehicle (think fire inspector or police officer), wear a mask.
Kinda lost faith in this department.
Would this health department rather them not flare and then have a chemical release or chemical reaction (think explosion/fire/gas cloud). The flaring is a safety measure … and this department wants legal action for using safety equipment ….
Makes you wonder ….
The legal action is not merely because of flaring. The refinery also spewed heavy metal laden ash around the neighborhood and conveniently forgot to alert the community. Then when they were forced to own up to it, they shrugged their shoulders and said – How about we give you a free car wash and call it even?
I can appreciate your disenchantment with local government. But holding negligent corporations responsible for harming its constituents is actually a legit use of government power.
What about all of the Elevated levels of aluminum in the snow pack and Our soils FROM AIRPLANES????
Here is a timeline of the recent incidents at the refinery. So far the only person that has stepped up and taken responsibility is the raccoon.
Dec 22 flaring loss of equipment across the refinery
Dec 9 flaring
Nov 25 flaring,
Nov 25 toxic ash/spent catalyst eruption
Just a bunch of hot air.
Nothing will come it. The government will send them an angry letter, and will probably impose a fine. The fine dollars will disappear into the bottomless waste pit of government coffers. In the end, the government will pat themselves on the back and announce that they took care of the problem.
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