By Dan Israeli
Of the suppliers in the settlement, 11 of which are on Long Island, including the Suffolk County Water Authority, which received the largest award in the decision. The biggest local water provider on Long Island will receive $104.3 million - $73.4 million after legal fees - to help pay for the cleanup of its wells, contaminated by methyl tertiary butyl ether (MTBE), a gasoline additive that is now banned in many states including New York. The chemical, used to filter gasoline emissions, has been proven to leak into the groundwater in some areas, polluting the local water supplies.
While the Franklin Square Water District did not report any incidents of contamination, it still received roughly $140,000 in the settlement, down to $100,000 after legal fees. The settlement does state, however, that the oil companies are liable to pay for any cleanup costs of potential contamination over the next 30 years. The big companies in the settlement included Shell, Chevron, BP, Hess and ConcoPhillips.
The Suffolk County Water Authority, which had a large number of affected wells, spawned the litigation that eventually turned into a consolidated case when several other suppliers filed suit. Three different firms represented the plaintiffs, including New York based Weitz & Luxenberg.
"This is an excellent settlement on behalf of our clients," said Robert Gordon, an attorney with the firm. "The oil companies knew that MTBE would contaminate drinking water when they used it. The defendants who have settled have lived up to their responsibility by not only paying cash but by offering treatment of future contaminated wells for the next 30 years."
Carmen DiMartino, business manager of the Franklin Square Water District, said that the district got involved to protect itself for the future, and was happy with what it received. "It's a plus that were not going to have to go back in courts and sue for it," he said. "For us, it's nonexistent right now because we haven't been impacted. We're now prepared down the line. Everyone is happy with the settlement, and hopefully it works out to the district's benefit." DiMartino said that the money received in the settlement could go towards treatment of the facilities.
To monitor the water for MTBE, DiMartino said that the district samples its wells on a regulars basis and and then sends a sample to an independent lab to run a test. The district currently does this on a three-month basis, but DiMartino said they could test the water more frequently if they felt it was needed. The Franklin Square Water District serves most of Franklin Square and parts of Elmont.
The Environmental Protection Agency (EPA) list MTBE as potential carcinogen, based on lab studies with animals. Gordon said that companies used MTBE with knowledge of the potential health risks. While 70 percent of the national oil market was involved in the settlement, six oil corporations did not settle, including Exxon Mobil, which has claimed it acted lawful and did not harm anyone. The Suffolk County Water Authority plans to take on the big conglomerate in a federal case this September.
"We look forward to trying the case against Exxon Mobil," said Gordon. "It is not right that the most profitable corporation in the history of the world can contaminate our drinking water knowingly, and then expect taxpayers to clean up their mess."
The West Hempstead-Hempstead Gardens Water District, which serves portions of Franklin Square, was not included in the settlement. The district did, however, receive a $1.2 million damage claim from the New York Environmental Protection and Spill Fund last year, to pay for the cleanup of four wells contaminated by MTBE.
Comments about this story? DISraeli@liherald.com or (516) 569-4000 ext. 214.
