Monday, February 13, 2012

By Steve Myrick
Published: June 25, 2009

An undetermined amount of gasoline spilled near Oak Bluffs Harbor Friday, but went unreported until Monday, when strong fuel smells persisted in the area and inside a nearby restaurant.

The Oak Bluffs Fire Department cited Loud Fuel, a Falmouth fuel dealer, and the state Department of Environmental Protection (DEP) issued a notice of responsibility to the dealer. Both actions came after town officials watched surveillance video that showed a fuel delivery truck driver leaving the filling hose unattended as fuel sprayed out of the connection for a period of six or seven minutes.

Gasoline soaked into a narrow strip of sandy ground alongside the foundation of Nancy's Restaurant, after a fuel spill last Friday. Photo by Steve Myrick

When notified Monday afternoon, the fire department conducted tests and determined there was no immediate health threat from the fumes or the gasoline soaked soil.

The delivery was to tanks owned by Oak Bluffs businessmen Mark and Mike Wallace, who own the nearby gas station and Jim's Package Store.

According to several observers who reviewed the video, it shows the delivery driver attempting to clean up the spill with paper towels or rags. The fuel appeared to soak into a narrow strip of sandy ground along the foundation of Nancy's restaurant. The fuel tank inlet is in an alley between the restaurant and Jim's.

"The first offense is $100," said Oak Bluffs Fire Chief Peter Forend. "They'll get at least a $100 fine, and that's just from us."

A manager at Loud Fuel did not return a message requesting comment.

A DEP emergency response team arrived on the Island Tuesday to begin an investigation. "DEP is called when there is a spill of undetermined amount, or more than 10 gallons," Chief Forend said.

DEP issued a notice of responsibility to Loud Fuel. A notice of responsibility is a legal action to inform a person or company of potential liabilities.

"It orders them to hire a licensed site professional to assess the situation," DEP spokesman Ed Colletta explained, "and to start cleaning it up if it's an immediate hazard, or get plans together to clean it up."

Fire personnel performed tests on tank safety systems, and determined that all alarms and systems were working properly. The chief said the Wallaces did not know there was a significant spill.

"At this point, we're not holding them responsible for anything," Chief Forend said. The fire department and DEP has held no one other than the oil dealer responsible.

An odor of fuel was evident three days after the spill in a downstairs employee area of Nancy's Restaurant, but town officials said there was no health threat to the public. "There are no volatile readings," said Chief Forend. "We're going to cordon that area off." The town's health agent also conducted a site inspection. The spill did not affect the dining areas of the restaurant, which remained open through the weekend.

The fire department does not believe any fuel reached the harbor, but there is concern that it did get into the town sewer infrastructure.

"We suspect some got in there," said wastewater plant manager Joe Alosso. "We don't know how much. It will take a few days for it to get into the system." Mr. Alosso said that soon after he learned of the spill, he checked the nearest pump stations, one at Lake Avenue and one at Dukes County Avenue. He said he could detect no odor of gasoline at either facility. On Tuesday, he conducted tests at the wastewater treatment plant, to determine if the microorganisms that help purify wastewater were affected.

"The microorganisms, if they get hit with petroleum, it will kill them," said Mr. Alosso. He said tests indicated no microorganisms were affected. He plans more testing of the sewer system in the coming days.