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Criminal Case Against Kinder Morgan Moves Forward

Massive oil spill case moving forward

http://www.canada.com/burnabynow/news/story.html?id=701a45b9-229f-48d3-b...

The companies involved in the July 2007 pipeline rupture that sprayed crude oil over a North Burnaby neighbourhood are expected to make an appearance in court today.

By Burnaby NowJanuary 13, 2010

The companies involved in the July 2007 pipeline rupture that sprayed crude oil over a North Burnaby neighbourhood are expected to make an appearance in court today.

Kinder Morgan Canada Inc., Trans Mountain Pipeline, B. Cusano Contracting and R.F. Binnie & Associates are facing a combined total of 26 charges under the provincial Environmental Management Act, the federal Fisheries Act and the Migratory Birds Act.

Those charges - seven each for Kinder Morgan and Trans Mountain, and six each for B. Cusano Contracting and R.F. Binnie & Associates - were initially sworn in July 2009, and all four defendants made a first court appearance in early October. The next appearance is scheduled for today.

On July 24, 2007, a Kinder Morgan pipeline was struck and punctured during excavation for a new storm sewer line along Inlet Drive. Crude oil sprayed out of the pipe for 25 minutes, reaching heights of 20 metres and covering nearby homes. Some residents in the area had to be evacuated, and the cleanup took several months.

The investigation into the spill was carried out by the B.C. Ministry of Environment and Environment Canada.

A report from the Transportation Safety Board in March 2009 concluded that the blame lay with poor communication between contractors carrying out work and Kinder Morgan and a reliance on outdated maps.

At the time of the first court appearance in October, Kinder Morgan Canada released a statement saying it would "vigorously defend itself against the B.C. Ministry of Environment regulatory charges."

"Kinder Morgan Canada believes the charges have been inappropriately laid against it," the company said at that time.

Additionally, the statement said that the company had conducted an investigation into the incident and concluded that the spill "resulted from the actions of a third-party contractor working on behalf of the City of Burnaby."

It is expected that Kinder Morgan will release a statement today after the court appearance.