Petroleum Hydrocarbon Contamination
Vashon Island,
Washington
In 2002, G-Logics was retained by an environmental
attorney to review environmental
records regarding a petroleum-contaminated property located on Vashon Island,
Washington. Located on the property are an athletic club, an automobile
service station, and
a small deli. Environmental investigations at this site were performed in
1989, with
supplemental investigation and cleanup actions resuming in 1999. Investigation
work
conducted on the property included the installation and sampling of soil
borings and
groundwater monitoring wells that indicated the presence of soil and groundwater contamination
in areas
south of the site building. A majority of this work was performed for the
property owner in
1999 by another environmental consulting firm. Their theory as to the origin,
timing, and
extent of site contamination was that the contemporary tanks and fuel lines
had released
gasoline into the surrounding soils and groundwater sometime between June
1999 and
September 2000. Based on this conclusion, the property owner hired an attorney
in an effort
to recover cleanup costs from the current service station operators (who
were represented
by our client).
G-Logics
was retained to review previous site investigation reports and to present
opinions
on the source and timing of the contamination. In addition to the provided
environmental
documents, G-Logics also performed a review of historical aerial
photography for the site,
property records at the Puget Sound Archives,
and files at the Washington Department of
Ecology. Based on the review of available
information, G-Logics concluded that historic
leaks/spills at the former pump island property
prior to 1989 were the likely sources of soil and
groundwater contamination at this property. In
addition, G-Logics concluded that some of the
site contamination also may have been
attributable to historic automobile repair
operations at the site. G-Logics' conclusions regarding site contamination
were based on the following facts:
- The discovered presence of soil and groundwater contamination was documented by a previous environmental consulting firm in 1989.
- A former dispenser island that was located on the property from the early 1970s (constructed before 1974) until the late 1980s (removed after 1985 but before 1989) with no closure documentation (regarding contamination sampling).
- Operational practices (notable tank filling) have improved since the 1970s and 1980s.
- Possible soil staining was visible in the 1980 photograph immediately south of the former pump island.
- Problems (such as inventory loss or failed tank-integrity testing) had not been documented with the contemporary tanks and lines.
- Forensic analytical testing indicated site contamination was "unlikely to have been a recent release."
Very few supporting facts or other documentation was found to support the other consultant's theory that problems with the contemporary tanks or lines were the cause of the identified contamination. In addition, G-Logics found that the presented costs for the performed remediation work were excessive, as were the estimates for future soil excavation and groundwater monitoring. This information was presented to our client in a letter that specifically identified the problems with the other consultant's theory, the findings of our additional file review, and G-Logics' opinions regarding the source and timing of the contamination on the subject property.
Based on the information provided by G-Logics and expert-witness testimony during the trial, our clients were awarded a settlement that was very satisfactory. Additional site exploration and cleanup is pending.