The November incident occurred when oil waste from a Childers Oil facility permeated the Kentucky River just one mile upstream from the city’s water plant. Then, in February, massive amounts of diesel fuel were released from numerous storage tanks belonging to Childers. The diesel leak exposed area residents to contaminated water for a 10-day period, during which time the city could only warn them not to cook, drink, or bathe in the water.

The state’s Energy and Environment Cabinet filed a lawsuit against Childers Oil and a related company, Mountain Rail Properties. Both companies are owned by the same family. The attorneys have also asked the Franklin, Kentucky, Circuit Judge to issue an injunction that would bar Childers Oil from allowing any future petroleum leaks. A violation of the injunction would lead to the company being held in contempt of court.

“It is the personal right of the citizens of Letcher County to live in a safe environment and to have clean drinking water,” state attorneys were quoted as saying in the CSNews Online report.

Many area residents remain suspicious of the oil company after its record of environmental violations was released. According to Lexington Herald-Leader, the company’s violations include “improperly burning debris; improperly dumping construction waste, including construction debris; leaking or improperly registered and upgraded underground fuel storage tanks; sewage station overflow; and not filing correct monitoring reports.”

According to CSNews Online, an employee of Childers told a state inspector in one of the earlier cases that the company owner, Don Childers, instructed him to burn various waste materials with ‘used motor oil from the shop’ behind the Wal-Mart in Whitesburg. Childers told the employee not to make a big fire, and that he would run over the site with a bulldozer later.

The company’s owners, however, say that they are cooperating with the state and that litigation isn’t necessary. They also say they love their city and are proud to serve it.

Ironically, Childers Oil is sponsoring an event called “River Sweep 2009,” an environmental event held by the Ohio River Valley Water Sanitation Commission to clean up area riverbanks.

SOURCE: Leaking Underground Storage Tanks › Kentucky oil company repeatedly damages environment, sued by state

Beasley Allen

In August of 2007, Taylor and her husband noticed the strong odor of gasoline on their property, accompanied by a petroleum sheen on the surface water that had accumulated on the property. They contacted the Alabama Department of Environmental Management (ADEM) for assistance. ADEM sent an environmental contractor to Taylor’s property to install monitoring wells and collect soil and water samples.

The testing revealed that fuel from the Speedmart’s tanks had been released, extensively contaminating the plaintiff’s soil, surface water, and groundwater with a number of highly toxic chemicals. Levels of the chemicals benzene and MTBE exceeded the maximum contaminant level in the collected samples.

The lawsuit alleges that the Speedmart’s leaking UST caused substantial and permanent loss of value to Taylor’s property. According to the suit, the defendants were responsible in making sure their fuel tanks were leak-proof, which they failed to do in 2007 and previously in June of 1998. The lawsuit charges Chatham Oil with negligence, wantonness, trespass, nuisance, and strict liability in failing their duty to properly maintain and inspect the USTs.

The removal and cleanup of leaking underground storage tanks is a main initiative of the Environmental Protection Agency, which recently received $200 million in federal stimulus money to allocate amongst states, territories, and Indian land for UST inspection and cleanup.

The U.S. has hundreds of thousands of USTs beneath its cities, towns, and suburbs. A hole the size of a pinhead will allow as much as 400 gallons of fuel to leak through the walls of a UST in just one year, contaminating 400 million gallons of fresh water.

Read the complaint.

SOURCE: Leaking Underground Storage Tanks › Alabama woman sues oil company over land contaminated by leaky UST