18 Nov 2004

Court Sees Recent Oil Spill Near Sacha-65, a Site Remediated by Texaco Petroleum in 1997

The Judge Also Reminded the Experts to Respect the Chain of Custody

NUEVA LOJA, Ecuador, November 18, 2004 - The 13th judicial site inspection in the environmental lawsuit against ChevronTexaco took place today in Sacha-65, an inactive production well, that in September 1992, PETROECUADOR converted into an injection well. It is one of the sites that was remediated by Texaco Petroleum Company (Texpet), according to the agreement with the Ecuadorian Government in 1995. Texpet remediated one pit and one area of soil affected by oil. The pit was remediated in 1997 by washing the soil.

Near the site a recent PETROECUADOR pipeline oil spill could be observed. The ruptured spot of the pipeline was easy to see: trees stained black from crude oil that sprayed 12 feet high and soil covered with petroleum. The plaintiffs asked the President of the Superior Court of Nueva Loja, Judge Efrain Novillo, not to include PETROECUADOR´S spill in the judicial report. However, after consulting with his technical experts, the Judge Novillo ordered the spill to be included in the inspection in accordance with ChevronTexaco´s petition.

The Highlights:

  • At the beginning of the judicial inspection, Adolfo Callejas, ChevronTexaco´s lawyer, asked the Judge to remind the experts to respect and follow the Chain of Custody for the samples. ChevronTexaco is worried with the attitude of the technical team of the plaintiffs, whom are trying to delay the process. They have not shown up for some sampling, stating lack of personnel. Judge Novillo reminded the experts that they must respect the chain of custody of the samples and should work together.
  • In addition, Callejas reminded the Court that one of the documents presented by the plaintiffs themselves states that Texpet did a good technical job with the remediation of Sacha-65. The document states that the pit and the area of affected soil in Sacha-65 were "remediated well" and that the owner is "satisfied with the remediation" according to his testimony. "Any contamination that may currently be found in the area of Sacha-65 is responsibility of PETROECUADOR," said Callejas.
  • During the inspection of Sacha-65, just like during previous inspections, Callejas reminded the Court that at this site PETROECUADOR has done several workovers, that could have impacted the environmental condition of the site, one in August 1992 and two in September 1997. Additionally, Judge Novillo observed near the site a sand mine and a small cement block manufacturing area, where the presence of burned oil and oil used for lubricating the machinery was spilled on the ground.
  • In reference to the quality of the remediation work, which has been questioned by the plaintiffs, ChevronTexaco´s lawyer reminded the Court that on top of the remediated pit and the area of affected soil, instead of local area vegetation, vegetables have been planted according to the petition of the owner of the land. During the inspection of the remediated pit, Callejas presented to the President of the Superior Court a document signed by the owner of the site, Magdalena Vargas, which requests PETROECUADOR and TexPet not plant trees in the remediated area, because she was going to use the recuperated area to grow rice on her own account.

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