The recent oil spill in the Spokane River, attributed to the Inland Empire Paper Co., has sparked great concern with the Spokane Riverkeeper. This incident, which occurred on Dec. 26, has not only raised questions about the effectiveness of spill response measures but also highlights the need for transparency and accountability in environmental protection efforts. (Inland Empire Paper is owned by the Cowles Co., which also owns The Spokesman-Review.)

Spokane Riverkeeper has repeatedly demanded Washington Department of Ecology’s attention to this issue for many reasons. First, the spill’s magnitude cannot be understated. This was not merely a small floating sheen that passed quickly. The volume and spread of the mineral oil required a large coordinated clean up response by Ecology across large sections of the Spokane River. Though the Ecology Department states the oil only spread 1 to 1.5 miles along the river, on Dec. 27, Spokane Riverkeeper representatives saw a sheen from Nine Mile Falls Dam to the confluence of the Little Spokane River – more than 4 miles of river.

The Spokane Riverkeeper demands the Ecology Department release comprehensive test results regarding the spilled oil’s composition to the public. Such incidents have immediate and long-term consequences for the ecosystem, potentially harming wildlife and disrupting fragile habitats. With more than 738 gallons of oil removed from the river, according to the department’s website, and significant stretches of shoreline affected, the environmental impact is substantial.

The clean up, though not publicly declared complete, seemed to last only eight days, and was seemingly limited to the stretch of river from Argonne Street to Long Lake Dam. However, we observed oil below Little Falls Dam at the beginning of January. Because of this, Spokane Riverkeeper believes it is likely a significant amount of the oily substance traveled downstream prior to collection.

While authorities have stated the oil is nontoxic, we are still concerned about its potential long-term effects. Mineral oil from heat exchangers is known to carry PCBs and other toxic pollutants. Without a clear understanding of the substances’ contents and associated risks, it is impossible to gauge the spill’s full implications and take appropriate remedial actions. The Department of Ecology must release the results of its testing to give the public a clear understanding of what Inland Empire Paper let go into the Spokane River. Complete transparency is essential.

Moreover, Spokane Riverkeeper calls the effectiveness of Inland Empire Paper’s spill response plan into question. Despite assurances of multiple containment levels and water clarifiers to prevent oil discharge into the Spokane River, this failure raises serious doubts about its adequacy. The plan states these incidents are “highly unlikely” and yet, less than a year after implementation, a major spill occurred.

The apparent absence of immediate reporting following the spill, evidenced by lack of immediate recognition of responsibility, further underscores the need for stringent oversight and enforcement of regulatory requirements. We believe it is imperative that regulatory agencies conduct thorough inspections to ensure compliance with spill response protocols and address any lapses in implementation of the spill response plan.

Spokane Riverkeeper’s call for accountability is justified and necessary. Environmental legislation relies on the notion that polluters should be held accountable for any pollution they release into the environment. The Clean Water Act and similar state statutes are no different, using civil penalties to punish bad actors and discourage improper discharging to the state’s waters.

Under Washington state law, oil discharges into waterways are strictly prohibited and responsible parties are liable for all damages and cleanup costs.
Inland Empire Paper must be held accountable to the fullest extent permitted by existing legal frameworks. Washington statutes, including RCW 90.48 and RCW 90.56, establish clear guidelines for assessing a per barrel fine for oil spills such as this, and the Department of Ecology must use those guidelines to assess a significant fine against Inland Empire Paper for this incident.

Furthermore, Spokane Riverkeeper requested Ecology initiate a National Resources Damages Assessment by the Environmental Protection Agency (EPA). Such assessment is crucial for evaluating the full extent of environmental harm and identifying measures for restoration and mitigation. Timely action is essential to fully respond to irreversible damage to the river ecosystem and ensure the preservation of vital habitats.

The December 2023 Spokane River oil spill serves as a stark reminder of the ongoing threats posed by industrial activities to our environment.

It is incumbent upon regulatory agencies, industry stakeholders, and the broader community to prioritize environmental stewardship and take decisive action to prevent similar incidents in the future. Transparency, accountability and robust regulatory oversight are essential pillars of effective environmental management, and they must be upheld to safeguard our waterways and ecosystems for the future.

Attorney Katelyn Scott, of Wellpinit, works for Spokane Riverkeeper where she leads the Clean Water Defense and River Flow Protection programs.

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