LAWSUIT CL AIMS SERIOUS HEA LTH RISKS FROM DIESEL

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“The logical implication or inference which can be drawn from BPL’s failure to provide full disclosure of information and test results is that BPL has failed to take all proper remediation steps and/ or that the data obtained from the tests and inspection is too damaging to disclose,” the lawsuit claims.

Daran Corporation Holdings LTD sued BPL on May 4, 2023.

The company owns land adjacent to BPL’s power station in North Andros. According to the statement of claim, it is seeking aggravated and/or special damages, general damages for trespass, negligence and/or nuisance, and an indemnity in respect of future claims brought by the company’s staff or customers “and/or any other persons lawfully visiting Daran’s property”.

The claim says BPL generates electricity from diesel generators, “which require a constant source of diesel fuel”.

It says diesel is transported to large storage tanks via an above-ground pipeline that “begins with a fixed mount terminal end on the beach near the former Andros Beach Hotel dock”. The pipeline then extends westward toward the storage tanks.

“In so doing, most of the pipeline is affixed to land owned by Daran, save and except the portion of the pipeline that is buried under the main road,” the action says.

The claimant alleges an oil spill occurred in June 2019 and January 2022.

After the most recent leak, BPL’s staff allegedly excavated four diesel oil recovery trenches and drenched four monitoring wells “in the north-west portion of Daran’s property”.

The claimant alleges there was a failure to check the pipeline adequately, to adequately or promptly investigate or remedy the spills’ cause, establish an effective remediation plan or decontaminate Daran’s property.

Randy Butler, the former CEO of Sky Bahamas, is Daran Corporation Holding’s president and a director.

In a June 29, 2023, affidavit, he said he met residents of the Nicholls Town community standing near the source of the leak in January 2022.

“Some of the residents had buckets, which they were using to recover diesel fuel off the ground in areas where it had pooled,” he said. “Staff from the station (including the manager of the station) were present, but they did not intervene with the residents.”

He said the diesel fuel recovery trenches and monitoring wells were installed on Daran’s property without permission.

“The purpose of the recovery trenches is to access the groundwater table and pump diesel fuel from the surface of the groundwater,” he said. “BPL has never entered an access agreement with Daran, and their acts constitute a trespass.”

Mr Butler said he spoke via phone to Department of Environmental Planning & Protection Director Dr Rhianna Neely on July 22, 2022, to report the spills. He said he did not receive a satisfactory response after following up with DEPP on August 3, 2022.

“The continued operation of the pipeline, without it being properly tested and certified as leak free, poses an ongoing environmental risk,” he said.

He added that the diesel contamination of the groundwater is “heavy and significant”.

“I believe that BPL has failed to implement a proper, comprehensive remediation plan and has instead sought to resume bunkering activities as quickly and cheaply as possible,” he said. “This is based on BPL’s conduct throughout this incident, the clean-up operation and the failure of BPL to provide information.” BPL declined to comment yesterday.