Rubis faces prosecution over oil tank spill

(CNS): Following an investigation into an oil spill from a tank at the Rubis Jackson Point Terminal more than two years ago, the utilities regulator has revealed that the case is now in court. OfReg said it has filed a charge with the director of public prosecutions (DPP) accusing the fuel wholesale and retail company of breaching the Dangerous Substance Act as a result of a leaky, rusty tank.

Representatives from Rubis reportedly made their first court appearance Tuesday, when the case was adjourned.

According to a press release from OfReg, the company has been charged with a breach of section 12 of the law and failing to take all reasonable precautions to prevent any release or spillage.

The spill, which was caused by a leaking bulk diesel tank, happened in November 2019. However, the regulator did not reveal the incident to the public until several months after the event, when the regulator said that a significant quantity of diesel had leaked.

In a report acquired by CNS but never made officially public, independent investigators Spenergy said that 3,686 gallons of the fuel had spilled from the tank. Despite this, OfReg said there was no major impact on the surrounding environment, according to an assessment by Water Authority Cayman.

OfReg claims that upon notification of the leak, action was taken to minimise the risk to the public. “Once the situation was brought under control, OfReg commenced an investigation,” the regulator said in the release.

“The investigation was carried out in accordance with OfReg’s mandate under section 19 of the Dangerous Substance (DS) Act to establish the root cause(s) of the incident. The bulk terminals are typically equipped with active site monitoring wells to provide an early indication of hydrocarbon leaks, as a part of their normal operations.”

OfReg said the findings revealed a catalogue of issues, including factors within Rubis’ control that could have prevented the incident, such as actively maintaining the cathodic protection system, which minimises corrosion in areas of the tanks that are difficult to visually inspect or access.

Spenergy’s report was concluded in December 2020 but OfReg has not stated when the charges against Rubis were filed with the DPP.

CNS has contacted Rubis for comment and officials said they will be issuing a comment shortly. We are also seeking to confirm when the fuel company and its representatives will return to court to enable us to cover this public interest matter.