(The following article by Karis Pope was posted on the Grenada Daily Star’s website on January 29.)
GRENADA, Miss. — Two local industries are the target of a $4.7 billion lawsuit filed by residents and former residents of the Tie Plant community and Grenada.
The lawsuit is pending in three area Circuit Courts and addresses possible environmental problems that may have led to serious health conditions.
The suit seeks damages for 73 plaintiffs, which includes some children and the estates of several deceased residents. The lawsuit was filed against:
Koppers Industries, Inc.
Beazer East, Inc.
Heatcraft, Inc.
Lennox International, Inc.
Illinois Central Railroad Company
J. D. Clayton, former plant manager at Koppers Industries is also listed as a defendant on the suit.
Plaintiffs say harmful chemicals allegedly released from Koppers and Heatcraft in Grenada County may be responsible for illnesses ranging from cancer to reproductive disorders and skin problems.The plaintiffs are suing the companies on counts of negligence, gross negligence, negligence per se, intentional tort, conspiracy, strict liability and failure to warn.
The lawsuit, which is filed in Leflore, Washington and Holmes counties, is asking for a total of $65 million for each plaintiff.
They are asking:
— $5 million on Count I – Negligence;
— $15 million on Count II – Gross negligence;
— $5 million on Count III – Negligence Per Se;
— $15 million for Count IV -Intentional Tort;
— $15 million on Count V Conspiracy; and
— $5 million Count VI – Strict Liability;
— $5 million on Count VII – Failure to Warn.
With a total of 73 plaintiffs, if all the money that is asked for in the suit is granted, the damages would cost the companies nearly $4.75 billion.
Lawyers state in the lawsuit, which only presents the plaintiff’s side of the case, that Koppers, a local wood treating facility, which was at one time owned by Beazer East Inc.; and Heatcraft, a coil manufacturing facility which is a subsidiary of Lennox International are responsible for releasing toxic chemicals into the soil, water and the atmosphere.
The lawsuit says Illinois Central Railroad is also responsible for the release of these chemicals, because of the control that they had over the operations of Koppers. The lawsuit states, “Illinois Central had control over purchasing, processing, quality control, cost control, inventory management and product shipping.”
The chemicals that are allegedly released from these companies are according to the lawsuit, “creosote and its constituents, pentachlorophenol, trichloroehtylene, chromium, and other metals and volatile organic compounds (VOC’s).”
The lawsuit says these chemicals may be responsible for cancers, kidney problems, liver problems, reproductive problems, birth defects, lupus, scleroderms, sarcoidosis, respiratory problems, skin problems, gastrointestinal problems, neurological deficits and other health problems that have developed in the plaintiffs or their loved ones.
Koppers of Grenada uses creosote and pentachlorophenol to produce pressure treated wooden cross ties for Illinois Central Railroad and a several other types of treated woods for other companies.
The lawsuit states that waste liquids from the Koppers site, which includes 171 acres in the Tie Plant area of Grenada, have been running from the plant through a stream and a ditch in the northeast area of the property and Jack Creek all of which discharge into the Batupan Bogue.
Some of the areas that the lawsuit says are of environmental concern are:
— A co-generation boiler that may have at one time been fueled by hazardous wastes;
— A one and a half acre boiler ash farm at the southern tip of the property, which held the ash from the burner;
— A treatment lagoon in the northeastern portion of the facility that was part of the wastewater treatment center. The lagoon is not lined;
— A spray and irrigation field that received wastewater from the oil/water separator;
— A wastewater treatment system on the southeast corner of the property.
Randy Collins vice President of Environmental Health and Safety for Koppers, which has its headquarters in Pittsburg, said yesterday that it is against the company’s policy to discuss pending allegations.
According to the lawsuit, Heatcraft South Plant, which was built in 1954, may have released chemicals including “trichloroethylene (TCE), Dichloroethylene (DCE), Vinyl chloride, cooling tower corrosion inhibitors” and other metals into the atmosphere and local surface water.
The lawsuit states that the plaintiffs are concerned about wastewater from the plant that drained through ditches near the site and water from the cooling tower and test tank that have allegedly overflowed into Jack Creek.
Residents are also concerned that discharge water has run into the Sunnycrest Subdivision Treatment Plant. Both Jack Creek and the Sunnycrest Subdivision Treatment Plant run into Bogue Creek.According to the lawsuit, the following areas at the Heatcraft South Plant may be environmentally unsafe:
— A number of areas on the site that may have been polluted with TCE including three storage areas for the chemical that are currently used and a formerly used storage hole;
— Fuel burning equipment, which uses natural gas and propane. Two of the five burners are exothermic generators that may produce carbon monoxide;
— Four surface coating systems, which may release Volatile Organic Compounds (VOC’s) and other harmful chemicals.
— A solvent storage tank, also believed to release VOC’s and other harmful chemicals;
— A groundwater remediation system, which may release VOC’s and other harmful chemicals; and
— A parts washer, which is also believed to release VOC’s and other harmful chemicals.
Heatcraft has not responded to calls from The Daily Star attempting to get their opinion of the suit.
Officials at the local branch of the Illinois Central Railroad did not comment on the lawsuit.
Clayton said that he has no comment at this time.
The plaintiff’s counsel for the case includes Lundy and Davis, L.L.P. of Lake Charles, La.; The Colom Law Firm of Columbus; Harold Barkely, Jr. of Jackson; Harold J. Barkley III of Aberdeen and Peter T. Martin of Aberdeen.