News

Gasoline in the groundwater leads to health worries and a class action lawsuit

BY ANDREW MEFFERD

For over 13 years, a plume of gasoline has spread from this site, which was a Chevron station when the spills occurred.

Deidra Bynum first received a letter from the Chevron Corporation in September, 2001. The notice was sent to tell her that Chevron was conducting environmental testing in her Riggs Park neighborhood, but the notice was "not very clear," so she didnÕt think much about it.

It wasnÕt until later community meetings that Mrs. Bynum found out what the testing was for. Chevron was trying to determine the extent of gasoline contamination in the soil of her Northeast neighborhood, cause by a seepage from a gas station just over the state line in Maryland.

Chevron had been working to clean up contamination from spills and leaks on the Maryland side for more than a decade. But until 2001, no one from Chevron or the State of Maryland informed the neighbors just across Eastern Avenue, downhill in the District of Columbia. A number of spills and leaks occurred over a long period of time at the 5801 Riggs Road site, which was a Chevron station from 1953 to 1993.

Testing eventually revealed a plume of gasoline in the ground 1,400 feet long. The affected area includes over 150 houses, a school, a church, and a tributary to the Anacostia River. More than 250 home-owners and residents filed a class action lawsuit on December 10, 2002 against the previous and present owners of the station.

"Initially, I was angry, because at that point I had only been in the house for two years. If the information [about gasoline contamination] had been explained before, I would not have bought that house," said Bynum. "My eight-year-old daughter developed asthma, which had not been a problem before we moved into that house. And IÕve had three miscarriages since moving there."

Bynum, currently six months pregnant, said she asked Chevron whether the gasoline contamination might have anything to do with her or her daughterÕs health problems. Chevron told her there was no connection, despite not having tested for gasoline vapors in her home.

ChevronÕs dismissal of her concerns "seemed pretty lame to me," said Bynum. Especially in light of the fact that several of her neighbors had serious respiratory problems and cancer.

Now Bynum only goes in the basement to wash her clothes. Her daughter used to play down there, and the new TV Bynum bought for the basement goes unwatched since Chevron tests revealed that her basement is at the same depth as the water table. Underground water is the most likely vector for the gasoline to move underground. ItÕs been over a month since Chevron determined the basement was at ground water level.

Chevron spokesman David Sander said that the company does not believe the contamination poses "an unacceptable risk of death or health problems" to the residents whose homes are contaminated. Chevron has spent $600,000 taking 2,000 soil vapor and groundwater tests, mostly on the public spaces in the neighborhood.

Sander said that Chevron has been removing gasoline vapors from the grounds of the gas station since 1990. The company has also been pumping out and cleaning groundwater in the vicinity in order to lower the water table, to prevent it from moving gasoline in the ground. He said that it was not until 2001 that "free phase hydrocarbons," i.e. liquid gasoline, was detected in test wells between the station and Eastern Avenue.

Spills causing contamination of the Riggs Park neighborhood likely occurred over a number of years before they became public knowledge. The station is now a Sunoco, but Chevron is taking responsibility for the cleanup since the site was a Chevron station when the contamination occurred.

Sander also said that Chevron, a subsidiary wholly owned by the Chevron Texaco Corporation, "sincerely regrets that hydrocarbons migrated across to the community."

Though Chevron does not think gasoline contamination will adversely affect property values in the area, the company has offered residents a property value assurance program. If homeowners enter into an agreement with Chevron, and they put their house on the market, they will get market value plus five percent if the home doesnÕt sell within six months. Chevron will purchase the affected properties so residents can "move on with their lives," said Sander.

"WeÕre taking all steps necessary to make sure our efforts are protective of human health and the environment. No one is in contact with impacted groundwater or soils," said Sander, "and we are continuing to do sampling to make sure that is the case."

Attorney Susan Silber, of Silber and Perlman, PC, attorneys for the City of Takoma Park and co-counsel in the class action lawsuit, said it is a "disturbing fact for Maryland residents" that Maryland was working on cleaning up the spill for thirteen years and it didnÕt inform the D.C. Government.

"That seems like a tremendous wrongÑ the oil company must be responsible but Maryland, too," said Silber. The State of Maryland is not a defendant in the lawsuit. "Not only that [the Riggs Park neighborhood] is right across the street, but the downhill topography equals a neglect of responsibility."

Silber said residential gasoline contamination begs a number of public policy questions. "Most of the strong environmental regulations have exemptions for oil companies and petroleum-related products," said Silber. "The standards for most toxins are objective, i.e., [an amount that is acceptable, in] parts per billion. But petroleum is without an objective standard, with ongoing assessment of case by case risk. ThatÕs a reflection on the strength of the petroleum industry in Congress."

While most of the plaintiffs reside in Riggs Park, some live in Silver Spring and elsewhere. Landlords and others who may have lived in Riggs Park but subsequently relocated and fear their health has suffered also signed on to the suit.

"WhoÕs to say whatÕs [an] acceptable [amount of contamination]? There is not a defined acceptable level and clearly itÕs unacceptable to this community," said Silber. "ThatÕs why theyÕre taking steps to get the community cleaned up, relief for people, and objective data [on the amount of contamination] so they can make decisions for themselves and their families."

"On the one hand Chevron says itÕs not over acceptable levels, but on the other hand havenÕt completed testing to determine the amount of soil vapor contamination in peoplesÕ houses. The ones that havenÕt been tested are most likely to be contaminated because they are the farthest down the hill and downhill is closer to the water table."

Wayne Naylor, chief of the Environmental Protection AgencyÕs technical and program support branch for waste and chemicals management division region three, said that Chevron was under no obligation to test for vapor in homeownersÕ basements.

EPA toxicologists determined acceptable standards for the harmful chemicals in gasoline with which to evaluate this situation. Chevron spokesman Sander said that none of the tests Chevron has done around the Riggs Park neighborhood found levels exceeding those determined by the EPA to warrant immediate action.

EPA geologists found there is a layer of clean groundwater overlying the layer of groundwater with gasoline in it. They say that this layer of clean water serves as a barrier shielding basements close to or in the water table from the contaminated groundwater below.

"There really is no data that the EPA has that would mean that people should not be living in those homes. There is nothing exceeding the conservative numbers we set," said Naylor.

The EPA is in the process of developing a long-term plan of action for Riggs Park. "If there was a risk, we would have required Chevron to take immediate action," said Naylor. "The contamination levels do not warrant short term action."

In the meantime, some Riggs Park residents are still uneasy with the situation. Mrs. Bynum has considered moving in with her brother until she determines whether the house is safe or if she should sell.

"I think itÕs ridiculous Chevron canÕt come and clear up that vapor question. They havenÕt been slow, theyÕve been negligent," said Mrs. Bynum. "Every time the heater clicks on I jump because you donÕt know whatÕs blowing through the vent from the basement. This isnÕt a company that cares what people are going through mentally, emotionally, or physically."

Attorney Silber said the suit is not just to get damages, but also "to protect the community that is standing up to the oil companyÕs arrogance, for not having told them [about the leak] for years. So [Chevron will] feel that health is a priority."

Another aspect of the lawsuit is medical monitoring of those in the community so the cost of treating a cancer or other disease that starts to develop over time can be compensated. Exposure to gasoline has been linked to leukemia, aplastic anemia, hodgkins lymphoma, and reproductive system disorders.

The gas that is in the ground around Riggs Park may or may not have to do with the residentsÕ health problems. But some residents will not be comfortable until the air in their homes has been tested.

"Five feet of my basement is in the water. I donÕt understand how water can shield water," said Mrs. Bynum. "The only thing they can do to reassure me is for them to come and do the test [for vapors in the basement]. IÕm scared and I donÕt need this added stress on my pregnancy. ItÕs New YearÕs Eve and IÕm sitting here wondering what IÕm going to do."

"Chevron can start to apologize for concealing the leak for thirteen years by testing and fixing the situation if there is a problem."