Soil contamination is the major issue in a civil lawsuit filed recently in Harlan Circuit Court. Angela Goins Ellison alleges that COAP, Inc. built a home for her, in Loyall, on ground that is contaminated.

Prior to the building of this home, COAP had purchased this property from Willard Carmical. This was the site of the old Harlan Nehi Bottling plant in Loyall.

Joe Grieshop, Harlan County Judge-Executive, said in about October 2003, COAP contacted the county about helping them remove the old maintenance building at the Harlan Nehi Bottling plant in Loyall.

“We were just trying to help COAP clear a blight,” said Grieshop. “We contracted with Kentucky Properties Construction Company, in Harlan, to do the tearing down of the building and cleaning up of the site.”

Grieshop said the county did assist in the tearing down of the building but they had permission from COAP to do that. He said the county claims no responsibility for the contamination. He said the county had an agreement with Kentucky Properties Construction Company to clear the site. He said the county did not bid the job because the cost of the job was under a bid price.

“There was a gas tank privately owned by Harlan Nehi Bottling in a building where the tank was only partially underground,” said Grieshop. “The tank was empty when it was taken out.”

Don Parsons, co-owner of Kentucky Properties Construction Company, said they were contacted by the county and agreed to tear down the building, which is what they did. He said they cleaned up the site and hauled it off to the landfill.

In 2004 the Environmental and Public Protection Cabinet in Frankfort, had filed an administrative complaint against Willard Carmical, in regard to the Harlan Nehi Bottling Company, Inc. in Loyall. The complaint said Carmical was the owner and operator of a 2,000 gallon underground storage tank system (UST) since the original owner abandoned it to Harlan Nehi, a now defunct corporation that Carmical was president, secretary and treasurer.

“COAP felt that everything was in order when we purchased the property,” said Frank Stoffle, Director of COAP. “There was no record of a tank when we went in.”

According to information from an Environmental and Public Protection Cabinet status hearing in July 2004, Harlan County obtained bids for soil sampling and establishing the ID of the removed UST at the Loyall site.

Merit Environmental, Inc., in Louisville, was contracted to collect soil samples from the Loyall site. According to their report, they took samples from six borings and all six borings contained concentrations of benzene, toluene, ethylbenzene and xylenes in excess of the closure criteria.

In 2007, Merit Environmental, Inc. conducted eight additional borings at 101 First Street in Loyall. The results of those borings revealed in two of the eight borings, the concentration of benzene was 4.6 and 14.0 milligrams/kilogram which exceeded the closure criteria of 2 milligrams/kilogram. The concentration of toluene was 50.0 and 370.0 milligrams/kilogram which exceeded the closure criteria of 18 milligrams/kilogram. The concentration of ethylbenzene was 160.0 milligrams/kilogram which exceeded the closure criteria of 30.0 milligrams/kilogram. The concentration of xylene were 60.0, 69.0, 89.0, 160.0 and 890.0 milligrams/kilogram which exceeded the closure criteria of 50.0 milligrams/kilogram.

Typical gasoline contains about 150 different chemicals, including benzene, toluene, ethylbenzene and xylene, which are also known as the BTEX compounds. According to Environmental health factsheet there are many adverse health effects of gasoline due to individual chemicals in gasoline, mainly BTEX, that are present in small amounts. Health effects from xylene exposure can cause headaches, lack of muscle coordination, dizziness, confusion and balance. It can also cause difficulty in breathing and other health problems with the lungs, delayed reaction time, memory difficulties, stomach discomfort and possibly adverse effects on the liver and kidneys. The principal pathway of human contact is via soil contamination from leaking underground storage tanks containing petroleum products. Humans who come in contact with the soil or groundwater that is contaminated may become affected.

“I knew that the Army Corps of Engineers were drilling for soil samples and that some people came in to test the soil,” said Loyall Mayor Clarence Longworth. “I don’t know anything about a lawsuit. I don’t even know the outcome of the drilling and soil sampling because we were not contacted at all regarding this.”

In the Harlan Circuit Court civil lawsuit filed by Ellison she alleges that at the time of the deed of conveyance to her, COAP failed to disclose to her that the property where her home had been constructed had previously been used for maintenance of oil and/or gasoline storage tanks and the oil and/or gasoline storage tanks had in the past leaked various petroleum distillate fluids upon the premises.

The lawsuit also alleges COAP removed the tanks without the approval of the Kentucky Environmental and Public Protection Cabinet. All petroleum storage tanks must be registered under the abandoned tank fund. Ellison further alleges the property was contaminated with petroleum and oil distillate that potentially is dangerous for children and others to be on the property.

Grieshop said the county had filed with the Environmental Protection Cabinet to register the UST that was removed at the Loyall site. The county also applied with the Petroleum Storage Tank Environmental Assurance Fund (PSTEAF) for funds to clean up the contaminated area. Grieshop said the fund will reimburse work up to $1 million.

“We believe it will take approximately half a million dollars to clean this site up,” said Grieshop.

Stoffle said COAP was trying to work out the allegations in the lawsuit with Ellison.

“I understand that the state will come in and clean the site up. The testing is ongoing, I believe, to determine the extent and source,” said Stoffle. “They will get rid of the contamination whatever cause it may be.”