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Directories Int'l Realty US Realty
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Homeowners Must Be Notified Of Gasoline Station Leaks Stuart Lieberman, Esq., Government is here to protect us. Not to keep secrets. That is why the government must contact us whenever it learns that contamination may pose a health risk to us and our families. The sad truth is, however, that government usually fails to notify those in harms way. Just as one example, it was recently reported that Alabama environmental officials have a policy of not reporting most instances of gasoline contamination leaks to nearby homeowners. Only when numbers meet certain federal guidelines are individual homeowners notified. Many people are never told that dangerous chemicals are flowing in groundwater underneath their homes. Alabama is by no means the only state that is failing to notify. Several years ago, I was involved in a case in New Jersey where many homeowners relied on wells for their drinking water. While there was knowledge that a gasoline station had leaked and in fact that the contamination affected the drinking water supply, notification was delayed for an extended period of time, permitting homeowners to continue to drink spoiled drinking water. It seems that in general, government officials are reluctant to notify communities of these types of problems. Understandably, they don't want to spread fear. And at a certain human level, nobody wants to be the bearer of bad news. But as we are now learning, leaks from gasoline station tanks can affect homeowners in surrounding communities even if they are not drinking water from tainted wells. This is so because contaminants volatilize and spread through foundation cracks and cracks in the surface, where the vapors ultimately end up in people's homes. This is referred to as vapor intrusion and we are just starting to understand the ramifications of vapor intrusion. It is completely unfair to allow people to potentially be exposed to harmful chemicals and not tell them that this is happening. Government must make sure that neighbors are placed on notice when a local gas station leak has occurred. They should send certified letters, and when necessary, even knock on front doors. Some fear that providing this kind of information may unfairly reduce property values. But the fear of property value reduction does not support a policy of keeping homeowners in the dark. There are at least two chemicals which can be of concern in the case of a gasoline station leak. The first is the gasoline additive MTBE, which tends to be the first chemical identified after a leak has occur. MTBE is regarded as a probable carcinogen. The other chemical is benzene, a known carcinogen. Leukemia is just one of the illnesses associated with benzene exposure. There are many other illnesses. In the case of many toxic chemicals, young children are particularly at risk. This is why notification is so important. If you are told that there is a leaking gas station in your community, you can ask that some testing be done on your property. In certain instances, the government may have funding available for this kind of testing. In other instances, the owner of the leaking tank may come forward and fund this kind of testing. Low-interest government loans, as well as insurance proceeds, should also be explored for possible test funding sources. Governments cannot be about secrets. They must provide prompt community wide notification when gasoline station leaks are identified.
The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.
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