County files suit against AT&T for pollution from leaking underground storage tanks
Harris County Attorney Vince Ryan announced Nov. 30 that his office has filed a lawsuit for civil penalties against defendants AT&T Services, Inc., Southwestern Bell Telephone Company, AT&T Communications, Inc., AT&T Corp., and AT&T Communications of Texas, Ltd., for impacts to Harris County arising from their leaking underground storage tanks.
The county’s lawsuit contends that AT&T made a decision to purchase thousands of gallons of gasoline and elected to store it in underground tanks located in communities, near homes, schools, churches and public and private drinking water wells. Nearly a dozen such tanks are positioned throughout Harris County; none in the northeastern parts of the county such as Atascocita or unincorporated Humble, but as close as Spring.
County Attorney Ryan stated “The underground storage tanks AT&T buried throughout Harris County have leaked hazardous substances into the environment and have done so for years, affecting the neighborhoods across the county.”
In addition to the fact that AT&T’s actions are alleged to have violated state laws regulating underground storage tanks and the protection of the environment, Harris County’s already limited resources have been further strained by the need for the County to expend taxpayer resources and dollars to address contamination left behind by AT&T. Accordingly, Harris County is taking action on behalf of its citizens by filing this lawsuit seeking civil penalties and to deter future misconduct. The Texas Legislature has authorized Harris County to recover these types of penalties by statute, through the Texas Water Code, which is separate from the Texas Commission on Environmental Quality’s (TCEQ’s) role in deciding how to remediate the contamination. Penalties awarded by the Court will be split equally with the TCEQ.
Among other things, Harris County’s lawsuit contends that public records demonstrate AT&T’s neglect of its UST systems in Harris County because it did not have a system or program in place designed to prevent its underground storage tanks from leaking and contaminating the valuable freshwater resources of Harris County or to actively clean-up the pollution once it learned of it. In a suit similar to Harris County’s suit filed today, AT&T entities paid $25 million in civil penalties and other amounts to the people of California in 2006 to settle claims associated with a “[UST] system that was neglected,” according to California’s Attorney General. Harris County contends that AT&T has similarly neglected to put into place a system to address its USTs in Harris County and is subject by law to civil penalties to the people of Harris County and the State of Texas. “We have a great team; a team that is capable of accomplishing success for the residents of Harris County.” emphasized County Attorney Ryan. Harris County is represented by Vince Ryan, Harris County Attorney, Terry O’Rourke, and Rock Owens of the Office of the Harris County Attorney, and the Houston law firm of Connelly • Baker • Wotring LLP.
