DOJ says nearly 13,000 barrels of oil (about 543,000 gallons) leaked from the ruptured pipeline over land and into Mill Creek. The agency describes the discharge as creating an imminent and substantial threat to human health and the environment, with oil covering Mill Creek bank-to-bank for 3.5 miles downstream. DOJ also says Kansas’ Department of Health and Environment issued a stream advisory to prohibit contact by people, livestock, or pets, and that the spill killed or impacted more than 2,700 animals.
Under the proposed settlement, South Bow (USA) LP and South Bow Infrastructure Operations Inc. have agreed to pay a $26,867,789 civil penalty and complete work intended to prevent future similar discharges, which the company estimates will cost about $40 million. South Bow also would contribute more than $3 million to Kansas for natural resource restoration projects. After a 2023 EPA cleanup order, the company removed oil and completed restoration of aquatic habitat, stream banks, and shorelines.
The consent decree was filed in the U.S. District Court for the District of Kansas and is subject to a 30-day public comment period.