SACRAMENTO, Calif. California Attorney General Bill Lockyer has filed a lawsuit alleging Flying J. Inc. committed violations of underground storage tank (UST) laws and tampered with leak detection devices at six of its truckstops and travel plazas in California.
Independent investigations by local regulatory agencies revealed that Ogden, Utah-based Flying J repeatedly failed to correct problems with its underground tank systems at each of its retail facilities, even after it was advised [image-nocss] of violations.
The complaint, filed in the San Joaquin Superior Court, alleges that Flying J violated 50 separate provisions of California's Health & Safety Code and Unfair Competition Law. Additionally, the complaint alleges Flying J tampered with and disabled leak detection systems, which alert operators of potential leaks and spills from tank systems. The company also allegedly failed to properly train its employees in the management of hazardous materials and wastes generated from its operations, according to the complaint. Flying J faces multi-million dollar penalties for its alleged misconduct.
Not only did Flying J repeatedly fail to inspect its underground tanks, even worse, it disabled leak sensors, said Lockyer. This flagrant violation of the law put our public health, communities and the environment at great risk from gasoline and diesel spills. Company officials refused the opportunity to voluntarily come into compliance with the law, so we are filing this lawsuit to force them to clean up their act.
Lockyer filed the lawsuit jointly with five District Attorneys: Edward Jagels, Kern County; Steve Cooley, Los Angeles County; Grover Trask II, Riverside County; Michael Ramos, San Bernardino County; and James Willett, San Joaquin County.
Flying J marketing director Virginia Parker denied that the company knowingly violated state law or that it refused to comply when confronted with alleged violations, according to a report by The Bakersfield Californian.
Flying J takes very seriously its responsibility to comply with environmental regulations, she said. Flying J believes thatLockyer's press release contains serious misstatements that are clearly intended to inflame and prejudice. Flying J has never refused to voluntarily come into compliance with the law.' In fact, Flying J has devoted significant resources to assure that its facilities are compliant with California environmental laws.
Parker added that Flying J continues to monitor its facilities for compliance with all applicable environmental laws.
Other lawsuits filed by Lockyer have resulted in the nation's two largest settlements of underground tank cases, the newspaper said. In 2002, BP-ARCO paid $45.8 million to end a suit accusing the company of installing inadequate USTs in at least 59 ARCO stations in California. In another suit involving more than 500 USTs statewide, AT&T Inc. paid $25 million in January to settle charges that it repeatedly failed to test and repair tanks and that it failed to shut down those with inadequate pipes.
Flying J has 178 gas stations in the United States and Canada.
Click here to view the complaint.
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