Our firm continues to monitor the damages caused to residential and commercial properties as a result of underground storage tank leaks. Recently, we filed suit in the Circuit Court of Walker County, Alabama, for damages to properties owned by county residents resulting from leaking underground storage tanks located near their properties. The Defendants in that case are Moore Petroleum, Inc., RaceTrac Petroleum, Inc., and the Alabama Underground and Aboveground Storage Tank Trust Fund. This lawsuit alleges the underground storage tanks at the Belk’s Food Mart and a Raceway service station incurred leaks, and released motor fuel which contaminated the Plaintiffs’ nearby properties. Moore Petroleum and RaceTrac Petroleum owned and maintained the underground storage tanks involved in this litigation.
After testing was conducted by environmental contractors, it was determined that motor fuel had leaked from the storage tanks at issue, and contaminated the Plaintiffs’ properties. Samples from the two service stations, as well as from the Plaintiffs’ properties, reveal the presence of hazardous chemicals such as Benzene, Ethyl Benzene, Xylene, and MTBE, in quantities that exceed the allowable Maximum Contaminant Level (MCL).
We also have filed a second suit, this one in the Circuit Court of Barbour County, Alabama, for damages to the property of county residents. The property was contaminated by a leaking underground storage tank located at a Beeline service station in Eufaula, Alabama. The Defendants in this lawsuit are the Alabama Underground and Above Ground Storage Tank Trust Fund, and the current and former owners and managers of the tanks, Prem Properties, LLC, and Ben F. Beard Oil Co.
The Defendants in these cases have a duty to make sure that petroleum products stored in the underground storage tanks were secure. They also had a duty to adequately install, monitor, inspect, test, evaluate, assess, repair and maintain the UST, which they failed to do. The Defendants are responsible in damages under the theories of negligence, wantonness, trespass, nuisance and strict liability. Rhon Jones, David Byrne and Parker Miller will handle these two cases for our clients.
According to the U.S. Environmental Protection Agency, there are about 625,000 underground storage tanks nationwide that store petroleum or other hazardous substances. According to EPA regulations, it is the responsibility of an owner or operator of an underground storage tank system to take immediate action to stop the release of petroleum or other hazardous substances from the UST and to ensure there is no threat to the safety of people located in the area of the release. Studies indicate that one gallon of petroleum can contaminate one million gallons of water, and that one pin-prick size hole in a UST can leak 400 gallons of fuel per year. Gasoline, leaking from service stations, is one of the most common sources of ground water pollution. For more information, visit www.leaking-storage-tank.com or you can contact Parker Miller at 800-898-2034 or by email at Parker.Miller@beasleyallen.com.
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