HUNTERSVILLE, N.C. — A North Carolina state agency announced Tuesday it has filed a lawsuit seeking to force Colonial Pipeline to meet obligations resulting from a gasoline spill that was found to be far worse than the company initially reported.
In a news release, the North Carolina Department of Environmental Quality said it filed the 29-page lawsuit in Mecklenburg County Superior Court on Monday to force Colonial “to meet their obligations as the responsible party in the state’s largest gasoline spill.”
[PAST COVERAGE: Settlement reached in massive Colonial Pipeline gasoline spill in Huntersville]
“Colonial has failed to provide DEQ with essential information required for the appropriate remediation at the site,” the news release said.
>> The complaint is available on the DEQ website here.
The lawsuit calls on Colonial take a number of steps, including the removal, treatment or control any source of petroleum, polyfluoroalkyl, also known as PFAS, or other contaminants that have the potential to contaminate groundwater. Colonial also must provide the department with a current, revised estimate of the volume of petroleum released, the lawsuit said.
The complaint seeks a judicial action requiring Colonial Pipeline to take the following actions:
- Remove, treat or control any source of petroleum, PFAS or other contaminants that have the potential to contaminate groundwater.
- Provide DEQ with a current, revised estimate of the volume of petroleum released.
- Submit a comprehensive conceptual site model for both the petroleum release and the PFAS contamination.
- Complete site assessment activities, and submit and receive DEQ approval for a corrective action plan and proposed schedule for implementation.
- Conduct monthly sampling of nearby surface water for petroleum, pH, conductivity, dissolved oxygen, Volatile Organic Compounds, total lead and PFAS at locations determined by DEQ.
- Provide evaluations of Colonial’s leak detection system statewide, provide locations of all pipeline Type-A collar repairs within North Carolina and remove or replace them with approved alternatives if necessary. Colonial has cited corrosion related to a Type-A sleeve repair as the cause of the Huntersville release.
In a statement, Colonial Pipeline said it is reviewing the lawsuit.
“We are committed to working with NCDEQ to address the matters identified and will remain on site for as long as it takes to restore the surrounding environment,” the statement said. “We have made significant progress to date, and remain focused on recovering product as quickly and safely as possible which is in the best interest of the public.”
New: Officials with NC DEQ just filed a lawsuit in Superior Court that would force Colonial Pipeline to meet their obligations in the investigation of their 1.29M+ gallon gas spill in Huntersville last year. @wsoctv pic.twitter.com/7WkgWhi3l8
— Anthony Kustura (@AnthonyWSOC9) November 2, 2021
In September 2020, Michael Regan, then-secretary of the NCDEQ, said 273,000 gallons of gasoline spilled in Mecklenburg County’s Oehler Nature Preserve near Huntersville. The county had reported the previous month that 63,000 gallons were spilled.
But Colonial Pipeline reported to regulators in January that the estimated amount of gasoline released from the underground pipeline was 1,119,982 gallons.
“Colonial owes it to the people of North Carolina to cooperate with DEQ and be forthcoming with the information required by our statutes, starting with an accurate estimate of how much fuel was released into the environment,” said Secretary Elizabeth S. Biser. “DEQ is committed to holding Colonial accountable and we now seek a court order directing Colonial to comply with their obligations to cleanup and restore the communities impacted by the release.”
Colonial has recovered more than 1.23 million gallons of petroleum product from the site, according to the news release, but the department says it has failed to provide an updated volume estimate of the release.
The Colonial Pipeline, which delivers about 45% of the fuel consumed on the East Coast, was hit in May with a cyberattack by hackers who locked up computer systems and demanded a ransom to unlock them. The hackers did not gain control of the pipeline operations, but Colonial shut the pipeline down to contain the damage.
The disruption of Colonial Pipeline caused long lines at gas stations in the Southeast due to distribution problems and panic-buying, draining supplies at thousands of gas stations.
Colonial Pipeline statement: “Colonial Pipeline is reviewing the state of North Carolina’s legal filing submitted today. We are committed to working with NCDEQ to address the matters identified and will remain on site for as long as it takes to restore the surrounding environment. We have made significant progress to date, and remain focused on recovering product as quickly and safely as possible which is in the best interest of the public. We are proud of our employees who have worked diligently since this incident began to protect the health and safety of the community and the environment.”
In a statement, Congresswoman Alma Adams said, “The people of Huntersville and Mecklenburg County deserve answers, and new measures – including monthly surface water testing and a new estimate of the volume of the spill – will help us get those answers.”
The Associated Press contributed to this article.
(Watch the video below: 2 teens recall finding major Colonial Pipeline gas leak in Huntersville nature preserve)
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