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

According to EPA Administrator Lisa P. Jackson, the agency is “providing immediate growth opportunities across the nation, as well as long-term protection from dangerous pollution in the land and water.”

“EPA is putting people to work by serving our core mission of protecting human health and the environment,” Jackson explained.

Hundreds of thousands of storage tanks are buried throughout the country. Many of the tanks, some of which are several decades old, continue to leak fuel and other environmentally hazardous substances into the soil and groundwater. A hole the size of a pin head can release as many as 400 gallons of fuel into the ground and water table in one year, and 1 gallon of fuel renders 1 million gallons of water unpotable for humans and wildlife.

Nearly half of all Americans get their drinking water from underground sources – a fact that makes the identification and removal of leaking USTs imperative.

Removal of a leaking tank and cleanup of the contaminated area is a typically an expensive task. While liability for the tanks (and all removal and cleanup costs) normally falls on the tank owners, sometimes the EPA has to assume the expense of assessing, removing tanks, and cleaning up when the “responsible party is unknown, unwilling, unable, or the cleanup is an emergency response.”

Nearly $191 million of the stimulus money will go to all U.S. states and territories for leaking UST removal and environmental cleanup. $6.3 million will fund assessment and cleanup of sites in Indian territory. $3 million will be retained by the EPA for management and oversight.

Click here for more Information about UST program funding and the EPA’s implementation of the American Recovery and Reinvestment Act .

SOURCE: Leaking Underground Storage Tanks › EPA receives $200 million in stimulus money for UST removal, cleanup