March 21, 2012:
ROXANA - Operators of the local refinery say they will defend themselves "vigorously" against allegations of unsafe operations alleged to have occurred over many years. ConocoPhillips and WRB Refining LP, the joint operators of the ConocoPhillips refinery in Roxana, responded Wednesday to a lengthy lawsuit filed one day earlier in Madison County Circuit Court. The suit, filed by The Simmons Firm out of Alton on behalf of the village of Roxana, alleges that past and present operators of the refinery have allowed for production and mishandling of hazardous chemicals.
The suit cites 18 specific incidents over several years that allegedly spilled millions of pounds of cancer-causing pollutants into the air, water and soil. The suit claims that legally required reports show that since 1988, Shell and other area refiners released more than 13.3 million pounds of volatile organic compounds into the air. That includes 3.8 million pounds of benzene, a known carcinogen, the suit claims. One of the Simmons Firm attorneys said that release of benzene equates to "about 526,243 gallons, or two Roxana-sized swimming pools of benzene." Current operators of the refinery acknowledge past concerns but staunchly defend current practices. "ConocoPhillips and WRB Refining LP have read the allegations contained in the suit recently filed against us by the village of Roxana. We certainly know that there are ongoing issues regarding historic operations of the Wood River refinery from prior owners. However, we are very disappointed that the suit attacks the operations of the refinery on our watch," said the statement from the owners, issued through Community Affairs Coordinator Keesha L. Dhaene.
"We have always strived to maintain the highest degree of professionalism and integrity at Wood River," the statement said. "We know that we have been an excellent corporate citizen, bringing numerous benefits to the surrounding communities and their citizens. This suit, as well as other decisions made recently by the city government of the village of Roxana, will be vigorously challenged and defended."
Named as defendants in the suit are the multitude of parties said to have owned the operation. In addition to those named above are Shell Oil Co., Equilon Enterprises LLC, WRB Partner LLC and Cenovus GPCO LLC. "The sheer number of releases of toxic chemicals into the environment in the past 25 years suggests that defendants have overseen, allowed and ignored or failed to remedy systemic problems with pipeline and refinery operation and maintenance," the suit claims. The suit does not ask for specific monetary damages but seeks enough to recover the costs of removal of pollutants from the water and to minimize damage to public health, plus costs of litigation.
The village alleges that the existing contamination has damaged its own property and also damaged its tax base, due to reduced property values of homes in the exposed area. It alleges trespass, public and private nuisance, unjust enrichment and violation of the Illinois Water Pollutant Discharge Act. Shell began processing crude oil at the refinery in 1918. After selling the refinery several years ago, it has phased out all but minor operations in the Roxana area. Shell also is facing a class action lawsuit, plus several personal injury suits by people who claim that Roxana area pollution caused blood cancers. The class action suit seeks damages for loss of property values. A plaintiff in one of the cases, a 28-year-old man, died only recently, The Telegraph reported this week.
The alleged problems at the former Shell site have surfaced in the past year after the Illinois Environmental Protection stepped up monitoring of pollutants on property next to the refinery.
By Thetelegraph.com