Baxley Maniscalco Attorneys At Law
Spilled gas can get you paid.
State and federal law have strong protections for people who own property near gas stations. Gas stations are required to meet strict guidelines and maintain thorough records to ensure that gasoline products aren't released into the soil under and around them, including:
- Corrosion protection
- Spill and overfill protection
- A leak detection system
- Financial assurance for liability
Despite these safeguards, gas station spills and leaks are a regular occurrence. According to the Alabama Department of Environmental Management, there are over 100 known releases from underground storage tanks per year in Alabama alone.
Once released, gasoline penetrates the soil and can enter the local groundwater supply. Contamination can spread beyond the gas station, affecting nearby homes, farms, and businesses. Gasoline contamination can devastate property values, and if the drinking water supply is affected, there can be serious health consequences for local residents.
All About Alabama Gas Spills
The Alabama Department of Environmental Management (ADEM) is at the forefront of addressing these challenges, implementing regulations and offering guidance to ensure public health and environmental protection.
For home and business owners, understanding the recourse available when gas spills encroach upon their property is crucial. This guide explores ADEM's regulatory landscape, the impact of gas spills, and the steps property owners can take to navigate these turbulent waters.
Financial Resources for Injured Property Owners
In the state of Alabama, gas station owners are mandated to participate in a Trust Fund established by the Alabama Department of Environmental Management. This fund serves as a primary source of compensation for injured property owners who have suffered damages.
- General Liability Insurance: Most gas stations likely possess an additional layer of financial security through general liability insurance for their business. These policies typically offer significant coverage (often exceeding $1 million) to address damages sustained by neighboring properties.
- Homeowner's Insurance: While not the primary source of compensation, an injured property owner's homeowner's insurance policy might also provide some level of coverage in specific situations. It's generally considered a tertiary option compared to the Trust Fund and business liability insurance.
Given the potential complexities involved, consulting with an experienced lawyer is crucial.
A skilled legal professional can navigate the process of:
- Securing a settlement from the ADEM Trust Fund: An attorney can ensure all Trust Fund requirements are met to obtain rightful compensation.
- Building a strong case for compensation: In situations where a lawsuit is necessary, a lawyer can present a compelling case to recover damages from the Trust Fund and/or the gas station's business liability insurance.
While the situation may appear intricate, financial resources are available to compensate injured property owners.
Promptly contacting a lawyer is vital to explore all potential avenues for obtaining rightful compensation.
Understanding ADEM's Role in Gas Spill Management
ADEM plays a pivotal role in managing environmental risks in Alabama, including those posed by gas spills. The agency is tasked with enforcing state environmental laws and regulations, as outlined in the Alabama Environmental Management Act (Ala. Code §§ 22-22A-1 to 22-22A-16). This legislative framework provides ADEM with the authority to oversee cleanup efforts, assess penalties, and enforce compliance with environmental standards.
Specific regulations relevant to gas spill incidents include the Alabama Underground Storage Tank (UST) and Aboveground Storage Tank (AST) regulations. These rules mandate that all fuel storage tanks meet stringent construction, maintenance, and monitoring standards to prevent leaks and spills. In the event of a spill, tank owners are required to report the incident to ADEM immediately and take prompt action to mitigate environmental damage.
The Impact of Gas Spills on Neighboring Properties
Gas spills can have far-reaching effects on the environment and neighboring properties. The immediate risks include soil and water contamination, which can endanger local wildlife and disrupt ecosystems. For properties adjacent to a spill site, the dangers are even more pronounced. Contaminants can seep into the groundwater, affecting well water quality, and volatile organic compounds (VOCs) released into the air can pose health risks to humans.
The long-term implications can be equally daunting. Property values may plummet due to the stigma of contamination, and the cost of remediation can be prohibitive.
Historical incidents in Alabama, such as the significant gas spill in Montgomery County in 2015, highlight the prolonged challenges property owners face in recovering from such events.
Immediate Steps to Take After a Gas Spill
Upon discovering a gas spill, the immediate priority is to ensure the safety of all individuals in the vicinity and to minimize environmental harm. Property owners should:
- Report the Incident: Contact ADEM's Emergency Response line to report the spill. Providing detailed information about the location, time, and nature of the spill will facilitate a swift response.
- Document Everything: Take photographs of the spill and any visible damage to your property. These records can be invaluable during insurance claims and potential legal proceedings.
- Safety Measures: Follow any instructions provided by emergency responders or ADEM officials to safeguard your health and property.
Safety measures may include evacuating the area if there is a risk of fire or toxic fume inhalation.
Legal Recourse for Property Owners
Understanding your rights is paramount when facing property contamination due to a gas spill. Alabama law, specifically the Alabama Environmental Management Act, provides a framework for environmental protection and recourse in cases of pollution.
- Seek Legal Advice: Consulting with an environmental law attorney can provide clarity on your situation. An attorney can help you navigate the legal system, advise on potential claims, and represent your interests in court.
- Potential Legal Actions: Property owners may have grounds to file a lawsuit for negligence, nuisance, or trespass against the responsible party, often the gas station owner or operator. Compensation can cover cleanup costs, diminished property value, and other damages.
ADEM's involvement doesn't preclude individual legal action. While ADEM can mandate cleanup and impose fines on the polluter, property owners may still need to pursue separate legal remedies for personal losses.
Working with Environmental Consultants
In cases of gas spill contamination, hiring an environmental consultant can be a wise decision.
These professionals can assess the extent of contamination, advise on necessary remediation measures, and provide essential documentation for legal and insurance purposes.
- Assessment and Testing: Environmental consultants can conduct soil and water tests to determine the contamination level and recommend appropriate cleanup procedures.
- Documentation for Claims: Detailed reports from environmental consultants can bolster your insurance claims and any legal actions, providing evidence of the damage and necessary remediation costs.
Remember that a professional analysis provided by an environmental consultant may also bolster any legal recourse you may have available to you.
Insurance Considerations
Property insurance may offer some recourse for damage caused by gas spills, though coverage varies widely among policies.
- Review Your Policy: Understand what your insurance covers in terms of environmental damage. Some policies may exclude certain types of contamination or require additional riders for comprehensive coverage.
- Filing a Claim: If your policy covers the damage, file a claim promptly. Provide your insurer with all documentation, including reports from environmental consultants and any communication with ADEM or the responsible party.
In case of a dispute with your insurance company over coverage, consider seeking advice from an insurance claims attorney to understand your options and advocate for your interests.
Recourse for Property Owners on Well Water Contaminated by Gas Spills
For those relying on well water, a gas spill poses a direct threat to their water supply.
Here's what to do if you suspect contamination:
- Cease Usage: Stop using your well water for any purpose until it has been tested and deemed safe.
- Report and Test: Notify local health departments and ADEM. Arrange for immediate testing of the water to assess contamination levels.
Based on test results, you may have claims for damages. Work with environmental law attorneys and your insurance company to explore your options for compensation and remediation.
Preventative Measures for the Future
To minimize the risk of future gas spill incidents and their impact:
- Community Engagement: Work with local businesses, including gas stations, to advocate for best practices in fuel storage and handling.
- Safety Measures: Consider installing additional safety measures, such as secondary containment systems around fuel tanks if you're a business owner.
Encourage and support regular inspections of fuel storage facilities by ADEM to ensure compliance with environmental standards.
Recourse for Property Owners on Well Water Contaminated by Gas Spills
When the tranquility of relying on well water meets the turmoil of a gas spill, the stakes for property owners in Alabama become significantly higher. If you're among those who draw your water supply from a well, contamination from a gas spill poses not just an environmental or property risk, but a direct threat to your health and daily life.
Here's how to navigate this complex situation:
- Understanding the Risks: First, it's crucial to grasp the immediate and long-term risks associated with gas contamination in well water. These can range from acute health hazards due to exposure to harmful chemicals in gasoline, like benzene, to the potential for significant disruption to your water supply. Chronic exposure can lead to more severe health issues, emphasizing the need for swift action.
- Immediate Actions: If you suspect that a gas spill has contaminated your well water, the first step is to stop using the water for any purpose. This precaution includes drinking, cooking, bathing, and even irrigation. Next, report your concerns to both the Alabama Department of Environmental Management (ADEM) and your local health department. These agencies can provide guidance on the next steps, which will likely include testing your water for contaminants.
- Water Testing: Arranging for professional testing of your well water is essential to determine the presence and concentration of gasoline or its components. This step not only informs the necessary health precautions but also plays a critical role in documenting the impact of the spill for legal and insurance purposes.
- ADEM and Health Department Involvement: Upon notification, ADEM, in collaboration with local health departments, may investigate the spill's impact on local water supplies, including your well. Their involvement can lead to broader remediation efforts if the contamination is widespread and may provide additional resources or guidance for affected property owners.
- Legal and Insurance Recourse: Armed with evidence of contamination, you may have several options for recourse:
- Legal Action: Depending on the circumstances of the spill, you may be able to seek damages from the responsible party for the contamination. This could include costs associated with alternative water supplies, medical expenses due to exposure, and the installation of filtration systems.
- Insurance Claims: Check your homeowner's insurance policy for coverage related to environmental contamination. While some policies may exclude such events, others might offer partial or full coverage for remediation efforts.
- Long-term Solutions and Preventative Measures: Restoring the safety of your well water may require installing filtration systems designed to remove contaminants specific to gasoline.
Regular testing will be vital to monitor the effectiveness of these systems and ensure the ongoing safety of your water supply. As a preventative measure, staying informed about the maintenance and inspection of nearby fuel storage facilities can help you advocate for practices that minimize the risk of future spills.
Recovering Damages After a Gas Spill
Navigating the aftermath of a gas spill in Alabama requires a proactive approach, combining immediate safety measures with long-term legal and insurance strategies. By understanding ADEM regulations, taking swift action to mitigate damage, and exploring all available recourse, property owners can protect their rights and ensure the health and safety of their communities.
Remember, while this guide provides a comprehensive overview, consulting with legal and environmental professionals is crucial in effectively addressing specific concerns related to gas spill incidents.
That's where Baxley Maniscalco comes in. We've resolved numerous cases for homeowners, nonprofits, and business owners, obtaining six-figure settlements. We're ready to provide you with personalized, evidence-based legal assistance, and we never settle cheaply.
Should you find yourself dealing with damages caused by an Alabama gas spill, contact us today for a free and confidential consultation.
Homeowners may claim damages for loss of value of the property for "current and future economic purposes" due to contamination and the stigma or fear of contamination created in the minds of potential future buyers, clean-up costs, interference with the use and possession of their property, mental anguish, and in some cases, punitive damages for wrongdoing by the gas station.
Who We Are
We are a team of seasoned trial attorneys who have tried cases across the state of Alabama. We take pride in knowing our clients by name and negotiating top-value settlements for each individual based on the unique circumstances of their case. We do this by being unafraid of taking cases to trial when needed to get a fair result for our clients.
We started our work in the area of gas station spills when members of our community were the victims of a spill and came to us to learn whether anything could be done about what had happened to them. We began to research and educate ourselves on the compensation available for these claims.
We learned that, yes, these homeowners could recover for the damage done to their property. Ultimately, our first set of claims led to six-figure settlements for each affected family. From that jumping-off point, we grew passionate about making families aware that they don’t simply have to suffer the damaging effects of a spill in silence. Environmental laws and regulations can be extremely complex and challenging to navigate.
We don’t think any family should be prevented by the maze of red tape and confusing data from obtaining the compensation they are entitled to.
Who Can Get Paid for a Spill Event from The Underground Storage Tank Trust Fund?
Homeowners whose property has been contaminated by gas spilled and seeping onto their land will typically have a claim if the presence of spilled fuel can be documented on, or, in some cases, near their property.
In some instances, the leak will force a homeowner to abandon the use of well water, due to safety concerns with the quality of the drinking water. In other cases, homeowners are compensated for the loss of resale value of the property due to potential concerns by future buyers about the presence of contamination.
Homeowners may also receive compensation for the loss of the rental value of their home.