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

The rule came about after California experienced a series of massive environmental disasters stretching back 30 years – disasters that  involved underground storage tanks releasing tons of hazardous liquids into the land and water. Now, to play it safe, the state wants no doubt that even the newest, double-walled tanks can handle new types of fuel without sprouting leaks.

The decision has caused an outcry among gas stations that sell biodiesel, consumers who buy it, companies that make it, and environmentalists who advocate it – all of whom claim the move represents a step backward for California’s green movement.

One biodiesel dealer in San Jose told the Mercury News that the legislation requiring above-ground tanks kills his biodiesel business. “I’m not going to do that. I have no place to put them. And you are talking about $50,000 or more to buy the tank and put the monitoring system on it,” Bob Brown told the Mercury News. He added that he would continue to sell B5 to B20 biodiesel blends, as they can be stored in the USTs, but that he would discontinue selling B99, B50, and other high-grade bio blends.

Bill Rukeyser, a spokesman for the state water board, defended the state’s decision. Rukeyser told the Mercury News that California had to err on the side of caution. “We learned a real lesson. We’ve not forgotten that lesson. We don’t want to repeat that,” Rukeyser said.

Biodiesel consists of plant oils and recycled animal fats. The fuel’s “B” number indicates its percentage of environmentally friendly oils. The higher the number, the purer the fuel is and the cleaner it is to burn.

Although biodiesel has been available in California for 10 years, federal tax incentives led to a surge in the fuel’s popularity between 2005 and 2008, when demand for it grew ten times.

SOURCE: Leaking Underground Storage Tanks › New UST law may kill California’s biodiesel business

None of the plaintiffs have appeared in court since the case opened in April of 1999. Montgomery County judge Maurino Rossanese Jr. bifurcated their civil lawsuit, preventing the plaintiffs from appearing before a single jury. An attorney for the plaintiffs has appealed the judge’s decision to split up the case, but the appeal has not been ruled on.

“Justice delayed is justice denied,” Christine Fisher, one of the plaintiffs, told The Times Herald. She described her experience a “nightmare.” Fisher and her husband were using the contaminated water, which smelled and tasted like normal water, for everything from drinking and cooking to bathing and swimming. Fisher’s husband grew seriously ill and nearly died. Their horse, goat, and two cats weren’t as fortunate. The animals had been drinking from a contaminated pond and died from poisoning.

The contamination occurred after the owner of the Gulf station installed underground storage tanks. Manufacturer defects allowed fuel to leak through the tank lines, and the leak detection system on the tanks malfunctioned. Estimates on the amount of fuel that leaked before the problem was discovered range from 12,000 gallons to 50,000 gallons. The leakage was so severe that fuel collected in a well across the street caused the well house to explode.

In addition to the lingering health problems many residents of Blue Bell face, residents also worry that their homes and property have become almost worthless. Many communities once affected by an environmental disaster carry a stigma long after the land has been cleaned.

“You can’t sell a house here now,” Fisher told The Times Herald.

Plaintiffs staged a protest outside the Montgomery County Courthouse Monday in an effort to bring attention to the unsettled cases.

SOURCE: Leaking Underground Storage Tanks › Penn community seeks justice years after massive fuel leak