FOR IMMEDIATE RELEASE ENR THURSDAY, JULY 18, 1996 (202) 616-2771 TDD (202) 514-1888 U.S., INDIANA AND OHIO ANNOUNCE $2.8 MILLION OIL SPILL SETTLEMENT PIPELINE COMPANIES PAY NATURAL RESOURCE DAMAGES TO RESTORE FISH AND WILDLIFE WASHINGTON, D.C. -- Two oil and natural gas pipeline companies will spend nearly $3 million to restore fish, wildlife and other natural resources -- including some of the world's most rare species -- that were injured by a 1993 oil spill near the border of Indiana and Ohio. The announcement was made by officials from the Justice Department, the U.S. Fish and Wildlife Service and the States of Indiana and Ohio and included discussion of potential restoration activities to return one of the Great Lakes' most important watersheds to its pre-spill condition. The agreement calls for ARCO Pipe Line Company, a subsidiary of Atlantic Richfield Company, and NORCO Pipeline, Inc. to pay $2.5 million in natural resource damages and to reimburse the government some $289,000 for damage assessment costs related to a spill of over 30,000 gallons of diesel fuel from a ruptured underground pipeline in September, 1993. Oil from the pipeline flowed into Fish Creek and damaged animals, plants, water, shoreline areas and the streambed over a popular seven-mile stretch from DeKalb County, Indiana to Williams County, Ohio. The settlement was filed today in a U.S. District Court in Fort Wayne, Indiana. The $2.8 million represents a full recovery for the injuries caused by the oil spill. The money will go toward improving the water quality in Fish Creek, bringing back fish, mussel and wildlife populations to pre-spill levels, implementing local education programs, and protecting the waterway from future harm. One species, the white cat's paw pearly mussel, is so rare that Fish Creek is the only place in the world where it is known to exist. "While it is preferable that we prevent pollution of our nation's waters, this case shows that our waters can be restored when there is an oil spill," said Lois J. Schiffer, Assistant Attorney General in charge of the Justice Department's Environment Division. "With this restoration, the citizens of Indiana and Ohio can once again enjoy this peaceful stream and its biodiversity." "The cooperative efforts by state and federal governments were tremendous in this case and the main reason why we see such tangible benefits here for the people of nearby communities." "When oil invaded Fish Creek, it menaced not just precious fish and wildlife resources but the pride of many local residents along this remarkable waterway who have worked long and hard to hold on to a piece of their natural heritage," said William Hartwig, Regional Director of the U.S. Fish and Wildlife Service. "With this settlement, the Service and our partners in Ohio and Indiana will restore and improve the natural assets of Fish Creek, and renew the hopes of the people who would pass its values on to the next generation." Fish Creek, a tributary of the St. Joseph River, is considered one of the Great Lakes region's most diverse and ecologically important streams. Following the spill, biologists found that oil had killed a variety of wildlife including muskrats, migratory birds such as wood ducks and kingfishers, sport and non-game fish, crayfish and frogs. In addition, the spill threatened the stream's important supply of freshwater mussels or clams, which act as natural water purifiers and are acutely sensitive to pollutants. Of the 30 species of mussels supported by the stream, three endangered species have been the main concern of government biologists. "Indiana considers Fish Creek a very high priority watershed conservation effort," said Patrick R. Ralston, Director of the Indiana Department of Natural Resources. "We were extensively involved in a public/private partnership to conserve this rare natural area even before the spill occurred. Since the spill, we have made every effort, along with trustee partners, to recover damages and restore this area." "We view this as a significant settlement which will help participating agencies continue their work in wildlife restoration under guidelines of the Fish Creek Watershed Project," said Michael Budzik, Chief of the Ohio Division of Wildlife. "Since a tree planting effort was initiated in 1993 along a 3-mile section of Fish Creek to stabilize banks and reduce sediment, we have continued our support to protect endangered mussels and other wildlife resources." "This cooperative approach among state and federal agencies in response to the oil spill in this unique watershed exemplifies our continued efforts to address environmental problems by forging partnerships," said Michael O'Connor, Commissioner of the Indiana Department of Environmental Management. "This unique benchmark settlement will facilitate the continued efforts to restore and preserve the ecosystem integrity of Fish Creek." Funds from the settlement may be used by the agencies to restore, replace, rehabilitate or acquire the equivalent of natural resources injured by the oil spill. Restoration activities for improving Fish Creek's water quality may include planting trees in the floodplain and restoring valuable wetlands. Innovative techniques such as conservation tillage -- a form of cultivating the soil that reduces soil erosion and runoff -- may also be used. Another focus likely will be the recovery of freshwater mussels possibly through artificial propagation and introduction of surviving mussels to new sites. "Among our highest priorities is safeguarding the resources that sustain us all," added Hartwig. "Laws like the Oil Pollution Act ensure that when resources are harmed, the cost of putting things right is borne not by the American taxpayer but by those who had a role in causing the injury." The 1990 Oil Pollution Act was passed in the wake of the 1989 Exxon Valdez spill in Alaska's Prince William Sound. Prompted by the worst oil spill in U.S. history, this law introduced a "polluter pays" mechanism to cover cleanup and restoration costs. Natural Resource Damage Assessment and Restoration provisions require the government to determine the extent of natural resource injury done by an oil spill and sets the appropriate level of compensation. Responsible parties may compensate the public for injured resources through funding or in-kind services. ### 96-345