[Congressional Record Volume 142, Number 10 (Thursday, January 25, 1996)]
[Senate]
[Pages S376-S377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE ``NORTH CAPE'' OILSPILL
Mr. CHAFEE. Mr. President, last Friday, January 19, the barge North
Cape ran aground on a sandbar off the coast of my home State of Rhode
Island. It is estimated that more than 800,000 gallons of No. 2 diesel
heating oil aboard the barge spilled into Block Island Sound, making
this the worst oilspill in Rhode Island's history.
Alarmingly, the North Cape is grounded 100 yards offshore of the
Trustom Pond National Wildlife Refuge, an area set aside as an
inviolate sanctuary for migratory birds. So far, oil has penetrated
salt ponds in the refuge, and along the southern coast, including Point
Judith Pond, an important spawning area for winter flounder. The
spill's effect may continue to have adverse impacts on fish and
wildlife now that oil has entered the natural food chain in the area.
The cost to my State's environment and economy will be steep.
Already, more than 11,000 lobsters have been killed by the spilled oil.
Their carcasses, and those of clams, starfish, and other sea creatures,
litter southern Rhode Island beaches. The Fish and Wildlife Service has
collected over 300 oil-logged birds, of which more than 100 are dead,
and 1 dead seal. Sadly, volunteers keep bringing in more casualties.
Because Rhode Island relies heavily on its coastal resources, the
financial toll of the spill is heavy. Governor Almond has declared a
state of emergency and has requested Federal disaster relief. According
to Timothy Keeney, director of the Rhode Island Department of
Environmental Management, damage to marine industries ultimately could
run into the tens of millions of dollars.
I wish I could say that Rhode Island is a stranger to oilspills.
Unfortunately, as recently as 1989, the World Prodigy oil tanker ran
aground on Brenton Reef and leaked 420,000 gallons of oil into
Narragansett Bay. And there have been a number of other spills over the
years.
A constant theme in these crises has been the generosity and
sacrifice demonstrated in the response of Rhode Islanders. Their
response to the current spill is no exception. Volunteers--as many as
500 a day--have been pitching in energetically: bathing waterfowl,
cleaning beaches, donating paper towels. It is inspiring to see
individuals band together in an effort to combat a potential
environmental disaster.
In addition, local environmental and emergency-preparedness officials
have dropped everything. Federal workers are giving their all. My hat
is off to these Government workers; people like Joe Dowhan and Paul
Casey of the Fish and Wildlife Service, and Charlie Hebert, our Rhode
Island Refuge Manager, who spent the first 36 hours of the crisis on
his feet. Our State owes a debt of gratitude to all who have rolled up
their sleeves.
While the willingness of Rhode Islanders to respond to this spill has
been the same as in years past, one thing is different this time
around. That is the fact that there is in existence comprehensive
Federal oilspill legislation, the Oil Pollution Act, which Congress
enacted in 1990. While many questions remain to be answered about why
the North Cape spill occurred, the provisions of OPA 90 ensured that
advance planning had been undertaken to expedite the response to the
disaster. The law will also ensure that parties injured by the spill
will receive compensation.
OPA 90 established a new national planning and response system to
provide for more expeditious and well-organized responses to oilspills
wherever and whenever they might occur. The system relies on a host of
groups of experts and agency officials at numerous levels, including a
National Response Unit, Coast Guard strike teams, 10 Coast Guard
district response groups, and area committees. This structure ensures
that battle stations are manned with alacrity. The immediate deployment
of booms and other barriers along the south county shoreline, to keep
the oil from contaminating fragile habitat, speaks to the wisdom of
having such a response system in place at all times.
Furthermore, OPA 90 is designed to make sure that the polluter pays.
In the case of the North Cape, its owner, Eklof Marine, based in Staten
Island, has laudably come forward to accept responsibility for this
accident. The company has provided ships, manpower, and other resources
to assist in the cleanup.
As for the fishermen and others whose livelihood and property have
been harmed by the oil, OPA 90 entitles them to compensation for their
economic losses. The act mandates that a vessel that discharges oil is
liable for the costs of the ensuing cleanup and damages, including
those caused by loss of profits or impairment of earning capacity.
The act also provides that the Government, acting as public trustee
for injured natural resources, may seek damages to restore the
resources. This means that damages would be available to restore the
fish and wildlife in Rhode Island's sensitive coastal areas, including
habitat within the national wildlife refuge.
OPA 90 establishes four other categories of damages for which
compensation is provided:
First, owners of real or personal property may seek damages for any
economic loss arising from destruction of their property.
Second, a person who relies on injured natural resources for
subsistence may seek damages for injury to those resources.
Third, the Government may seek damages for loss of tax revenue
resulting from the spill.
Fourth, the Government may seek damages for net costs of providing
additional public services necessary during or after cleanup of the
spill.
Moreover, OPA 90 requires vessel owners to demonstrate evidence of
financial responsibility at least up to the amount of a statutory
liability cap--in the case of the North Cape, $10 million. Should
claims be denied or left unsatisfied by the responsible party, OPA
expanded the list of items for which compensation may be sought from
the Oil Spill Liability Trust Fund. The fund currently contains more
than $1 billion. In contrast, the former Clean Water Act Fund
designated for oilspill cleanup was nearly bankrupt at the time of the
World Prodigy spill. The current fund thus acts as a real safety net
that helps guarantee payment of all damages arising from a spill.
Stepping back for a moment, the oilspill in Rhode Island is a perfect
example of the need for strong environmental regulations. Thank
goodness for OPA 90. Without it, the State and Federal Government would
have been ill-prepared to cope with an oilspill of this magnitude,
taking place in such rough weather conditions. Without it, Fish and
Wildlife Service officials charged with the care of fragile waterfowl
habitat would see many of their hard-won gains eroded, possibly for
good. Without it, the lobster fishermen of southern New England would
be robbed of their livelihood.
Just this week, the Washington Post reported on the results of a
survey just completed by Republican pollster Linda DiVall, which--once
again, I should emphasize--found strong, bipartisan backing nationwide
for Federal laws that protect the environment. Ms. DiVall concluded
that, ``Attacking the Environmental Protection Agency is a
nonstarter.'' We should be emphasizing the safeguarding of reasonable
and balanced environmental protection done in a more efficient manner.
Just about everyone in Rhode Island--and, indeed, anyone who has
[[Page S377]]
viewed the oily sheen covering Rhode Island waters on the nightly
television news--would say that Ms. DiVall has it just right.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CHAFEE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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