Local industrial development board files suit over contamination (AL)
The Cullman Times reports:
Three years after Americold closed its doors for good, the Cullman Industrial Development Board filed suit in Cullman County Circuit Court alleging that not only did Electrolux Home Products, Inc., the parent company, have knowledge that environmental contaminants had been released into the soil and ground water at the Cullman plant over a period of many years, that the company also illegally disposed of barrels containing chemicals, solvents and hazardous substances on the property.You can read the full story here.
Those chemical substances, the lawsuit states, include solvents such as trichloroethane (TCA) and trichloroethene (TCE). One environmental engineering firm that conducted tests at the site in the summer of 2003 on behalf of Dynasty Boats reported contaminants exceeded allowable levels by more than 1,000 times in soil and groundwater samples.
These chemical products have been shown to be toxic to animals when exposed in moderate amounts over a period of time, but local officials say there is no evidence to suggest that the amount of contamination at the Americold facility presents any health risks to humans and therefore, they say area residents have no cause for alarm.
The presence of the contaminants represents a "breach of contract," according to plaintiffs, who allege the company agreed in writing to return the property to the city "in as good condition as at the commencement of the lease."
Local officials say the contamination has rendered the 69-acre tract "unmarketable," and they are therefore seeking compensation from Electrolux and co-defendants Golder Associates, Inc.; Site Environmental and Acquisition Services, Inc.; Alabama Municipal Insurance Corporation and Robert C. "Bob" Burns, a former Americold employee and current manager of the Cullman Airport.
Burns, who managed Americold's wastewater treatment facility during a two-year period in the 1990s, declined comment about the lawsuit Tuesday.
Update: In case of interest:
The lawsuit, filed Monday, seeks judgment against the defendants for compensatory damages in an amount to be determined by a jury. The suit also alleges the parties engaged in a breach of contract, fraud, fraudulent suppression, conspiracy, negligence, wantoness, nuisance and waste.