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Sunday, Jan. 11, 2009

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Public comment sought on oil spill penalty

By the Herald staff

The Washington Department of Ecology wants public comment on changing formulas to calculate the dollar value of oil spill-related damages to state natural resources.

Since 1992, the compensation range has been $1 to $50 per gallon of oil spilled, but the 2007 Legislature raised the upper limit to $100.

Now Ecology needs to revise the penalty formula to allow for the higher amount.

"We need to adjust the state compensation schedule so its in compliance with the new law," said David Byers, Ecology spill response manager.

In Washington, individuals and companies responsible for spilling oil into rivers, streams, wetlands, ponds and lakes, ground water, storm drains, ditches and other state waters are liable for damages to natural resources. The compensation is separate from penalties for oil spills and reimbursing the state for its response and cleanup costs.

Monetary damages collected through the natural resource compensation schedule are deposited into a special state account that is primarily used to fund habitat restoration and enhancement activities in areas affected by oil spills.

The public comment period for the draft rule is open until 5 p.m. Feb. 9. Written comments and questions also may be submitted to Harry Chichester, Department of Ecology, P.O. Box 47600, Olympia, WA, 98504-7600; submitted by e-mail at spillsrulemaking@ecy.wa. gov; or faxed to 360-407-6989.

Ecology expects to adopt the rule in March.



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