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St Landry Parish and Village of Cankton File Oilfield Waste Disposal Facility Groundwater Contamination Suit

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St Landry Parish and Village of Cankton file Oilfield Waste Disposal Facility Groundwater Contamination suit.

Posted: Dec 8, 2020 10:42 AM

St Landry Parish and the Village of Cankton recently filed suit in the St Landry Judicial District Court to clean up contamination at the former 80 acre Cankton Tank Farm/MAR Services oilfield waste treatment, storage and disposal facility in St Landry Parish and near the Village of Cankton that has contaminated area groundwater, continuing to contaminate area groundwater, and is threatening to further impact St Landry Parish groundwater, area drinking water wells, and the Chicot Aquifer—an EPA designated Sole Source Aquifer. Despite prior lawsuits, piecemeal testing, and decades of environmental regulatory agency “oversight”, no meaningful action has been ordered, much less taken, to require a comprehensive assessment of the groundwater contamination in violation of numerous state environmental protection laws. Groundwater testing on file at the LDNR and LDEQ confirm the presence of a
toxic stew of “Superfund” hazardous substances in used and usable area groundwater; yet, available LDNR and LDEQ records reveal limited and inadequate groundwater testing. No significant or appropriate groundwater cleanup has ever been performed at
the facilities despite prior hydrogeologic studies and governmental orders requiring it. The documented contamination at the Facility constitutes an illegal, imminent, and substantial endangerment to the health and safety of the citizens of the St Landry Parish and Village of Cankton A comprehensive, site-wide assessment of the former Cankton Tank Farm/MAR Services Facility is necessary to design and implement a meaningful cleanup of the Facility and adjacent areas to eliminate the threat it poses to the Chicot Aquifer, to prevent further groundwater contaminant migration and to protect the entire St Landry Parish and Village of Cankton communities and their groundwater. The suit challenges Defendants to meet with Plaintiffs’ attorneys and experts
and LDEQ to promptly:
1. Accept responsibility for this environmental damage;
2. Develop and adopt a mutually agreeable comprehensive assessment plan that will identify and characterize all contaminants throughout the entire site;
3. Define the horizontal and vertical extent of that contamination both on and off site; and
4. Adopt a timeline to properly and expeditiously clean up Defendants’ toxic legacy to the St Landry and Cankton communities.

The lawsuit is supported by the expert report of former LDEQ secretary Paul Templet, Ph.D., who relies on prior expert testimony and data from the public record and provides the following analysis:
1. The groundwater beneath the Cankton Tank Farm at various depths and over time (ICON Table 1) has been and is being contaminated with metals, chlorides, and TDS above both background and RECAP Screening Standards.
2. Offsite downgradient groundwater is contaminated with metals, including Radium, TDS, and hydrocarbons, including BTEX and Benzene. The concentrations found in the groundwater exceed background and RECAP Screening Standards and accordingly present an unacceptable risk to human health and the environment.
3. The contaminants are characteristic of oil field operations, wastes and distribution. The sources of the contamination are the oil and gas exploration and production waste management operations and commercial waste disposal operations carried out at the Cankton Tank Farm, including leaks, spills, landfarming, soils washing/flushing and the use of unlined pits. The operators knew, or should have known, that unlined pits leak
4. Onsite storage, disposal or burial of wastes in unlined pits is not sound environmental management practice and never has been. Cankton Tank Farm onsite buried or leaked wastes will continue to contribute to contamination in the future. The operators and waste generators that disposed of their wastes at the Cankton Tank Farm knew, or should have known, that the uncontrolled
unmitigated waste would migrate offsite in the past, present and in the future.
5. The contaminated site and the adjacent area and the plaintiffs’ site should be comprehensively assessed to determine the vertical and horizontal extent of the groundwater contamination and should be remediated to prevent further contamination of the groundwater by the wastes remaining onsite that are seeping, leaking and migrating, to prevent potential human exposure to contaminated groundwater and to restore the area

The lawsuit further alleges, with attached supporting historical documentation, active and ongoing concealment of the groundwater contamination and its risk to the people of St Landry Parish and the Village of Cankton:
“66. Defendants actively concealed their offsite groundwater pollution problem from Plaintiffs and never informed Plaintiffs of the environmental hazard they had created and its damage to neighboring properties. Defendants in an illegal enterprise with other responsible parties manipulated, mislead, and fraudulently convinced the state regulators to do nothing about their Cankton Tank Farm groundwater contamination.” 104. Nevertheless, certain Defendants brazenly concocted and put into play a covert enterprise conspiracy scheme to manipulate, coerce, and mislead local governments, citizens, politicians, and understaffed, overworked, underfunded , and overwhelmed state environmental regulatory agencies into allowing Defendants to do nothing affirmative to fix and protect the public from the Cankton Tank Farm Facility groundwater contaminant discharge and migration problem each Defendant had to a lesser or greater extent contributed to. 107(e). Almost a century ago in Louisiana and elsewhere Defendants concocted, orchestrated, financed, embraced, and otherwise enabled a groundwater exploitation enterprise in Louisiana and elsewhere in concert with their sisters and brothers in the oil and gas industry to the detriment of Louisiana citizens’ rights to use, capture, and otherwise enjoy clean, safe and usable groundwater.”

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