‘THE SUPERIOR COURT, STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA BARBARA seo, HAS OF! ‘THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff _ INDICTMENT’ F | LE D. SUPERIOR coUst d CALIFORNIA ‘COUNTY OF SANTA BAER PLAINS ALL AMERICAN PIPELINE, LP. JAMES COLBY BUCHANAN, MAY 16 2016 Defendants oo Oompa ee eee foams, at Comiy tS ar Si of Coal bees in ane one mor stot May 19,215 nth COUNTY OF SANTA BARBARA, einen! PLAINS ALL AMENCAN PIPELINE, ont cine avon of Govern Coie 670.64 sbvson (FELONY, a tet newindian reasonably should have known that he or she was engaging in or eausing, the discharge or spill of ol into the waters of the state to wit: approximately 140,000 gallons of erude oil discharged or spilled fiom a pipeline known as Line 901, some of which entered into the Pacifi Ocean, near Refugio State Beach, counr2 ‘On or about May 19,2015, inthe COUNTY OF SANTA BARBARA, defendant PLAINS [ALL AMERICAN PIPELINE, LP. did commit a erie in violation of Water Code § 1357, subdivision (94), @ FELONY, in that defendant violated a requirement of Section 301 ofthe Clean Water Act, codified at 3 U.S.C. § 1311, subdivision @), by knowingly discharging a pollutant to the navigable waters ofthe United States within the jurisdiction of Califor wit:6 n ” approximately 140,000 gallons of crude oil discharged by the operation ofa pipeline known as Line 901, some of which entered into the Pacific Ocean, near Refugio State Beach, counr3 (On or about May 19, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS JALL AMERICAN PIPELINE, L.P., did commit a crime in violation of Penal Code § 3748, subdivision (b), a FELONY, in that defendant did knowingly cause a hazardous substance t be deposited into or upon any road, stret, highway, alley or railroad right-of-way, or upon theland of another, without permission ofthe over or into the waters ofthis state, to wit approximately 140,000 gallons of crude oll discharged by the operation of a pipeline known as, [Line 901, some of which entered into the Pacific Ocean, near Refugio State Beach. COUNT 4 (On or about May 19, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS |ALL AMERICAN PIPELINE, L.P. and did commit a crime in violation of Government Cose § 8670.64, subdivision (¢\2\(B), « FELONY, in that defendant did knowingly make a false ot misleading oil spill report to the California Office of Emergency Services, regarding the discharge or spill of approximately 140,000 gallons of crude ol discharged by the operation of pipeline known as Line 901, some of which entered into the Pacific Ocean, near Refugio State Beach, counts, On or about May 19, 2015, ia the COUNTY OF SANTA BARBARA, defendants PLAINS |ALL AMERICAN PIPELINE, LP. and JAMES BUCHANAN did commit a crime in violation of Government Code § 8670.64, subdivision (c\(2)(A), a MISDEMEANOR, in that each defendant did knowingly fail to immediately notify the California Office of Emergency Services in violation of Government Code § 8670.25.5, subdivision (a1), after being responsible forthe discharge or threatened discharge of ol into waters ofthe United States within the jurisdiction of California, regarding the discharge or spill of approximately 140,000 gallons of erude ol discharged by the operation ofa pipeline knovm as Line 901, some of which entered into the Pacific Ocean, near Refugio State Beach,counré (On or about May 19, 2015, in the COUNTY OF SANTA BARBARA, defendents PLAINS ALL AMERICAN PIPELINE, L.P. and JAMES BUCHANAN did commit crime in vistion of Government Code § 8670.64, subdivision (c)(2XD), a MISDEMEANOR, in that each defendant did knowingly fi to follow a matetial provision of an applicable oil eontingene pan by fating to call the National Response Center within one houe after confirmation ofa pipeline release of oil, to wit: approximately 140,000 gallons of rude oil discharged by the operation of a pipeline known as Line 901, some of which enter Beach. to the Pacifie Ocean, neat Refugio Sate counr7 (On or about May 19,2015, inthe COUNTY OF SANTA BARBARA, defendants PLAINS, ALL AMERICAN PIPELINE, LP. and JAMES BUCHANAN did commit crime in vilaton of Health and Safety Code § 2515.3, subdivision (b), a MISDEMEANOR, in that each defendant did knowingly fal, upon discovery, to immediately report any eleae or thtestened release ofa hazardous material tothe unified program agency and tothe Office of Emergeacy Services in violation of Health and Safety Code § 25510, regarding the discharge or spill ot pproximately 140,000 gallons of crude ol discharged by the operation ofa pipeline known as Line 901 after being responsible forthe discharge or threatened lscharge of oi into wats of the United States within the jurisdiction of California, some of which entered into the Pei Ocean, near Refugio State Beach. COUNTS (On or about May 19, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS |ALL AMERICAN PIPELINE, L.P., did commit a crime in violation of Fish and Game Code § 5650, subdivision (#1), a MISDEMEANOR, in that defendant did unlawfully deposit, emit to pass into, or place where it could pas into the waters ofthis state a petroleum, acid, col oro tar, lampblack, aniline, asphalt, bitumen, o residuary product of petroleum, or carbonacenas material or substance, to wit: approximately 140,000 gallons of erude oil discharged by the Se20 6 2 operation ofa pipeline knovm as Line 901, some of which entered into the Pacific Ocean, seat Refugio State Beach, ‘counr9 (On or about May 19, 2015, inthe COUNTY OF SANTA BARBARA, defendant PLAINS. | ALL AMERICAN PIPELINE, L.P., did commit a crime in violation of Fish and Game Code § '5650, subdivision (a)(6), a MISDEMEANOR, in that defendant did unlawfully deposit in, permit to pass into, or place where it could pass into the waters of this state a substance or material deleterious to fish, plant life or bird life to wit: approximately 140,000 gallons of crude oil discharged by the operation of pipeline known as Line 901, some of which entered into the Pacific Ocean, near Refugio State Beach, ‘COUNT 10 (On or between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, L.P. did commit a crime in violation of Fish and Game Code § 4500, subdivision a), a MISDEMEANOR, in that defendant did unlawilly take a matine mammal, to wit: a California sea lion, L-0001 count 1 (On or between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, L.P. did commit a erime in violation of Fish and Game Code § 4500, subdivision (a), a MISDEMEANOR, in that defendant did unlawlly take a marine mammal, to wit: common dolphin, D-0001 counT 12 On or between May 19, 2015 to June 3, 2015, ia the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit rime in violation of Fish and Game Code § 4500, subdivision (a), a MISDEMEANOR, in that defendant dd unlawflly take a marine mammal, to wit a common dolphin, D-0002. COUNT 13, (On or between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a crime in violation of Fish a Ta bos CO SPACEa Jand Game Code § 4500, subdivision (a), a MISDEMEANOR, in that defendant did unlawilly take a marine mana, o wit: a California sea lion, D-0014. ‘COUNT 14 (On or between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit crime in violation of Fish sand Game Code § 4500, subdivision (a), a MISDEMEANOR, in that defendant did unlawlly take a marine mammal, to wit: a California sea tion, D-0022. COUNT IS On or between May 19, 2015 to Tune 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a erime in violation of Fish and Game Code § 4500, subdivision (2), a MISDEMEANOR, in that defendant did wnlevflly take a masine mammal, to wit: a California sea lion, L-0030. COUNT 16 (On or between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a erime in violation of Fish and Game Code § 4500, subdivision (@), a MISDEMEANOR, in that defendant did unlawflly take a marine mammal, to wit: @ Califia sea lion, 1-038, COUNT 17 (On or between May 19, 2015 to June 3,2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, I.P. did commit a ctime in violation of Fish and Game Code § 4500, subdivision (a), a MISDEMEANOR, in that defendant did unlawflly take marine mammals, to wit: dolphins, seals and sea lions collected by the Oiled Wildlife Care Newwork. ‘COUNT 18 (On orbetween May 19, 2015 to June 3 2015, inthe COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a crime in violation of Fish and Game Code § 4700, subdivision (a)(1), a MISDEMEANOR, in thet defendant did unlawfully take a fully protected mammel, to wit: a northemn elephant seal, -0006.20 a 2 a 2s 6 n a ‘COUNT 19 On oF between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a crime in violation of sh and Game Code § 4700, subdivision (a1), a MISDEMEANOR, in that defendant did unlawfilly take a Fully protected mata, to wit @ nother elephant seal, L-0019. cour 20 (On or between May 19, 2015 to June 3,2015, inthe COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a crime in violation of Fish and Game Code § 3511, subdivision (a1), MISDEMEANOR, in that defendant did lawfully take a fully protected bird, to wit: brown pelican, D-0009. count at Onorbetween May 19, 015 to June 3,2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a crime in violation of Fish end Game Code § 3511, subdivision (—)(1), a MISDEMEANOR, in that defendant did ‘unlawfully take a fully protected bir, fo wit: «brown pelican, D-0012. counr2 (On or between May 19, 2015 to June 3,2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit crime in violation of Fish end Game Code § 3511, subdivision (91), a MISDEMEANOR, in that defendant did unlawfully take a flly protected bied, to-wit: a brown pelican, D-0020. counr23 nor between May 19, 2015 to June 3,2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit crime in violation of Fish and Game Code § 3511, subdivision (9)(1), a MISDEMEANOR, in that defendant did unlawfully take flly protected bind to wit a brown pelican, D-0021, counr24 Onorbetween May 19, 2015 o June 3,2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a crime in violation of Fish PageFa a and Game Code § 3511, subdivision (a1), a MISDEMEANOR, in that defendant did unlawfully take fully protested bird, to wit & brow pelican, D-0054. COUNT 25 (On or between May’ 19,2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a exime in violation of Fish and Game Code § 3511, subdivision (a1), a MISDEMEANOR, in that defendant cid unlawfully take a fully protected bird, to wit a brown pelican, D-0055. ‘COUNT 26 (On or between May 19,2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a crime in violation of Fish and Game Code § 3511, subdivision (@)1), a MISDEMEANOR, in that defendant did unlawflly take a flly protected bir, to wit: a brown pelican, D-0066. count 27 (On or between May 19,2015 to June 3,2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit eine in violation of Fish and Game Code § 3511, subdivision ()(1),a MISDEMEANOR, in that defendant did unlawfully take fly protected bie, to wit: a brown pelican, D-0075 counT 2s On or between May 19, 2015 to June 3, 2015, inthe COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a crime in violation of Fish and Game Code § 3513, a MISDEMBANOR, in that defendant did unlawfully take a migrtory nongame bird, to wit: @ loon, D-0007. count 29 Onorbetween May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE; L.P. did commit a erime in violation of Fish and Game Code § 3513, a MISDEMEANOR, in that defendant did unlawfully take a migatory nongame bird, to wit: a cormorant, D-0008. ragecoun 30 On ot between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, 1.P. did commit crime in violation ofFsh and Game Code § 3513, a MISDEMEANOR, in that defendant did unlawfully take a migratory nongaimebitd, o wit: a scoter, 0013. couNTSi (On or between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, L-P. did commit crime in violation of Fish and Game Code § 3513, MISDEMEANOR, in that defendant did unlawfully take a migstory nongame bird, to wit @ loon, D-0019. counT32 On or between May 19, 2015 to June 3,2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit crime invitation offish and Game Code § 3513, a MISDEMEANOR, i that defendant di unlawfully take « migtory nongame bird, to wit: a gull, D-0023. cour 33 Onor between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. di commit a crime in violation o Fish and Game Code § 3511, subdivision (1), « MISDEMEANOR, in that defendant did unlawflly take a migratory nongame bid, to wit: shearwater, D-0028, ‘COUNT 34 Onor between May 19, 2015 to June 32015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit crime in violation of Fish and Game Code § 3513, a MISDEMEANOR, in that defendant did unlawfully take migratory nongame bird, to wit: a shearwater, D-0030, ‘coUNT 3s ‘On or between May 19,2015 to June 3,2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit crime in violation of Fish Se Com pia Caea % 26 and Game Code § 3513, a MISDEMEANOR, in that defendant did unlawfully take a migrtry nongame bird, to wit: shearwater, D-0031 COUNT36 (Onor between May 19,2015 to June 3,201, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a exime in violation of Fish and Game Code § 3513, a MISDEMEANOR, in that defendant did unlawfully take a migntory Hongeme bird, to wit an aukle, 1-0047, counrs7 (On or betwean May 19,2015 to June 3,2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. dd commit crime in violation of Fish and Game Code § 3513, a MISDEMEANOR, in that defendant did unlawfully take a migratory nongame bird, to wit: @ loon, D-0051 couNr 38 On or between May 19, 2015 to June 3,2015, inthe COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a erime in violation of ish and Game Code § 3513, a MISDEMEANOR, in that defendant did unlawfully take a migratory nongame bird, to-wit a shearwater, D-0065 counr39 On or between May 19, 2015 to June 3, 2015, in he COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. di commit crime in violation of Fish and Game Code § 3513, 4 MISDEMEANOR, in that defendant did unlawfully take a migstory nongame bird, to wit loon, D-0073. counr 40 Onor between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendent PLAINS ALL AMERICAN PIPELINE, LP. dd commit a erie in violation of Fish and Game Code § 3513, a MISDEMEANOR, in thet defendant did unlawfully take a ipstory nongame bird, to wit a cormorant, D-0082,™ n count ai On or between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, I.P. did commit a crime in violation of fish and Game Code § 3513, « MISDEMEANOR, in that defendant did unlawfully take a migrory nongame bird, to wit cormorant, D-0083, counraa (On or between My 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. di commit a crime in violation of ish and Game Code § 3513, a MISDEMEANOR, in that defendant did unlawfully take a migrlory nongarme bitd to wit: a grebe, D-0101. counr 4s (On or between May 19, 2015 to June 3,2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit crime in nd Game Code § 3513, a MISDEMEANOR, in that defendant did unlawfully take a migatory lation of Fish game bird to wit: a tem, D-0102, counrad ‘On or between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a crime in violation of Fish and Game Code § 3513, a MISDEMEANOR, in that defendant did unawfully take migratory nongame birds, to wit: cormorants, loons, scoters, gulls, shearwaters,auklets, tems and grebes collected by the Oiled Wildlife Care Network during this time perio. couNT as (On or between May 19, 2015 to June 3, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP. did commit a rime in violation of Fish and Game Code § 2000, subdivision (=), « MISDEMEANOR, in that defendant did unlawfully take a bird, mammal, fish, reptile or amphibian. nd rd aCOUNT 46 ‘On or by May 19, 2015, in the COUNTY OF SANTA BARBARA, defendant PLAINS ALL AMERICAN PIPELINE, LP, did commit a esime in violation of Santa Barbara Cow [Code of Ordinances § 25-37, a MISDEMEANOR, in that defendant did unlavefully discharge oft lor waste to surface or subsurface waters oF land by ol field operations not allowed by autbrized | pecmit, ordinance or law, to wit: approximately 140,000 gallons of erude oil discharged or spilled from a pipeline knovm as Line 901, some of which entered into the Pacific Ocean sear Refugio State Beach. “ATRUE BILL” “This indictment was found within the concurrence of at least twelve of the grand juras present that received all of the evidence pertinent tothe indictment. parm. S— [6-16 sana wan “ty Gea Se fat (Peto). Mew BRETT J. MORRIS DENNIS L. BECK, IR OLIVIA W. KARLIN Deputy Attomeys General JOYCE E. DUDLEY District Attomey, County of Santa Betara “el. KEVIN WEICHBROD. Deputy Distt Attome) ase 1