Our client, a chemical transportation company, was making a delivery of hydrochloric acid to a large chemical distribution facility’s above-ground storage tanks.  During the delivery, an explosion occurred, resulting in a catastrophic failure of the storage tank wall.  The 10,000 gallon storage tank ripped in half, releasing approximately 5,000 gallons of hydrochloric acid into the environment.  Some of the acid vaporized and drifted into the neighboring industrial corridor and adjacent residential neighborhood.  Some of the acid remained in liquid form, which then flowed over secondary containment berms and entered into drainage swales and culverts beyond the facility’s boundaries.  The facility’s property was covered with fuming hydrochloric acid.  It was also reported that over 75 companies in the industrial corridor were forced to evacuate or were impacted by the tank explosion and acid release into the environment.  The State's EPA and the chemical distribution facility accused the trucking company of causing the explosion. 

Photo Captions:  Photo 1 shows the above ground acid storage tank after an internal explosion caused the tank to rupture; Photo 2  shows a drainage ditch off the property into which acid is flowing after the tank rupture; and, Photo 3 shows the emergency containment and cleanup efforts underway after the rupture.

The chemical delivery company, a medium-sized tanker truck operation, promptly retained MLG after the event.  MLG quickly consulted with and retained OSHA and hazmat certified tank experts.  These licensed experts were able to enter the property to preserve evidence and obtain critical physical and photographic evidence.  MLG presented this evidence to the facility and argued that the chemical facility, not its client the transporter, had caused the explosion.  Thereafter, the distributor accepted responsibility for the costs of emergency response, environmental investigation and restoration, and all subsequent dealings with the State EPA.

VALUE ADDED ACHIEVEMENTS:

• No suits filed against client by State EPA or other government agencies

• No suits filed against client by chemical distributor

• No suits filed against client by third parties

• Avoided payment of all emergency response costs from fire departments, police departments, and paramedics

• Avoided payment of all costs for environmental restoration

• Avoided payment of all costs for business interruption to the dozens of impacted facilities in the surrounding area

• Achieved complete release of all liability in an extremely short period of time