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"San Francisco officials threaten legal action ove... - 11/8/2007 8:09:02 PM   
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"SF officials threaten legal action over oil spill"

Cecilia M. Vega, Chronicle Staff Writer
 
Thursday, November 8, 2007

(11-08) 14:32 PST San Francisco - --

" Mayor Gavin Newsom said today the city will take legal action against the company or agency deemed responsible for the 58,000 gallons of oil that spilled into the bay after a container ship rammed into the Bay Bridge Wednesday.

Newsom and City Attorney Dennis Herrera also expressed frustration over incorrect information disseminated early on by the Coast Guard about the extent of the spill.

"We'll be doing everything to make sure that those who are responsible are held accountable and that the costs borne by this will be borne by the appropriate agency or agencies... or individuals or companies that are responsible," Newsom said.

The damage to city property is still being assessed, and local officials said they are working with federal and regional authorities on the cleanup.

Oil began leaking into the bay after the 65,131-ton Cosco Busan, an 810-foot-long container ship, crashed into the base of a tower of the Bay Bridge's western span in heavy fog at about 8:30 a.m. Wednesday.

Until 9 p.m. Wednesday, the Coast Guard said only 140 gallons had spilled from the vessel. Coast Guard officials said that estimate came from the ship's owners and that the Coast Guard only realized the spill was much greater after it conducted its own inspection of the bay.

U.S. Coast Guard Capt. William Uberti has said the initial cleanup response was appropriate, but city officials said today that had they known the spill was 58,000 early on, they would have laid down more boom lines and responded to the event with more urgency.

"When you're off by 58,000 gallons that's a big gap," Newsom said. "This is not acceptable. This wasn't in the margin of error."

The swimming portion of a triathlon scheduled to take place at Treasure Island on Sunday, in which athletes were to swim in the bay as part of the race, could be canceled. City officials said today it is canceled, but race officials said it's still on.

Local animal control officials are caring for birds impacted by the spill and were monitoring the sea lions at Fisherman's Wharf to see whether they had been affected.

City officials also warned people against fishing or boating in the bay.

Herrera said he expects there to be environmental impacts at many port properties.

"I don't want to second guess (federal officials) at this point," Herrera said. "But I think it is concerning that the information that came out was wrong, wherever it came from, and that's something we have to get to the bottom of," Herrera said.

"Whether it's potentially responsible parties or government agencies, it causes us a great deal of concern because were the ones who suffer."

Newsom said his office learned from officials that the spill was 58,000 - not 140 gallons - after 9 p.m. Wednesday evening.

"I'm not saying anyone lied. I'm saying there was wrong information," he said. "It all goes to intent. Was there intent to mislead? That needs to be assessed. There's a lot of finger pointing right now....I'm just concerned about mitigating the damage and cleaning it up and then holding those people responsible." "

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/08/BA66T8SUR.DTL

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