The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Government believes contamination from the Robinson Road gasoline leak could last for up to 10 years, having “recommended” last summer that Rubis conduct bi-annual health assessments of all impacted residents living in the vicinity.

The Ministry of the Environment, in an August 22, 2014, letter to the petroleum company’s senior Bahamian management, called on it to undertake numerous activities to mitigate the health and environmental consequences of the leakage at its gas station - several of which appear not to have been implemented.

Besides the “bi-annual health assessments of those individuals determined to be directly impacted by the fuel release”, the Ministry also urged Rubis to conduct a general public health assessment of persons living in the neighbourhood.

Neither of these has been conducted, while the petroleum supplier has yet to implement “a communications programme” or hold its own public meeting to explain the spill’s consequences and inform Robinson Road residents of its clean-up efforts.

These initiatives, too, were suggested by Camille Johnson, the Ministry of the Environment’s permanent secretary, in her letter to Alejandro Sanin, the then-managing director for Rubis’s Bahamas and Turks & Caicos operations.

The document, obtained by Tribune Business, also reveals that the December 2012 gasoline leak was not the first such incident to occur at the Robinson Road gas station. It refers to other “groundwater contamination.... that is likely the result of a historic release”.

Ms Johnson’s letter raises further questions over whether Rubis Bahamas has fully implemented, and followed through, on its own remediation plans plus met the Government’s requirements.

It also highlights the Government’s concern for the health and well-being of Marathon residents but, yet again, will cause many to wonder why both itself and Rubis have not been more forthcoming with information on the leak as it became known, having taken 15 months to release the report by its consultants, Black & Veatch.

The Johnson letter, meanwhile, appears to be a response to the remediation plan submitted by Rubis Bahamas, describing the company’s plan as “appropriate”.

It then orders that several recommendations, which are seemingly based on the remediation plan and a review of it by the Government’s consultants, be followed.

For instance, Mr Johnson suggested five years as “a reasonable timeframe” that should be set by Rubis Bahamas for reducing groundwater contamination to levels below Florida Department of Environmental Protection (FDEP) clean-up targets.

Some 10 recommendations are listed by the letter, which then says the Government “further recommends” that Rubis conduct six other activities under its “review and monitoring’.

These included “continuous monitoring of groundwater, monitoring wells and private wells over the next 10 years”, plus “a public health assessment to effectively assess the impact of the fuel release on the neighbouring public”.

Ms Johnson’s letter, which was copied to top officials at the Ministry of Health, BEST Commission and Department of Environmental Health Services, also called for Rubis Bahamas to conduct “biannual health assessments of those individuals determined to be directly impacted by the fuel release”.

Neither of these assessments have been undertaken to-date, while Ms Johnson also helpfully recommended: “A communications programme should be implemented to keep the surrounding businesses and residences up-to-date regarding the status of the clean-up.

“An initial public meeting would likely be well received by the community. This would provide an opportunity to explain the release, extent of contamination, response actions and clean-up objectives, as well as allow the citizens to ask questions.”

To-date, only the Government has held a Town Meeting on the Robinson Road gasoline leak and its impact, with no representatives from Rubis or the gas station operator, Fiorente Management, present.

Ms Johnson’s letter recommended that risk assessments on air quality and residential private well water were also to be undertaken, with Rubis also tasked to determine whether residential properties to the east of its gas station had been impacted by the spill.

Three recommendations related directly to the Munroe family, who are now suing Rubis for personal injuries and damages to their property as a result of the 12,000 gallon-strong spill.

These involved an extra monitoring well on their property give “the elevated levels of benzene” detected on their property, and the requirement to obtain more information from the Munroes so their health risks could be better estimated.

Ms Johnson’s letter also confirmed that other gasoline leaks had occurred at the Robinson Road site, as she told Rubis: “The isolated groundwater contamination at the south-east corner of your property that is likely the result of a historic release should be completely defined, and measures implemented to reduce groundwater concentrations to FDEP groundwater target levels.”

One impacted party that was left distinctly unimpressed by the Ministry of the Environment’s August 2014 letter was BISX-listed Cable Bahamas.

Its attorneys, in an October 3, 2014, letter to Ms Johnson, expressed concern that Rubis Bahamas would interpret her August letter as approval of its remediation plan.

That, Cable Bahamas argued, could only come from a Certificate of Approval issued under the Environmental Health Services Act. Government officials admitted at the recent Town Meeting that such a Certificate had not been issued prior to the Robinson Road gas station being re-opened.

“It is apparent from the Ministry of the Environment letter that the fallout from the gasoline spill will continue for approximately five to 10 years, yet Rubis has failed to estimate a reasonable timeframe for contaminant levels to be reduced to target levels,” Cable Bahamas’ attorneys told Ms Johnson.

“There are very real and serious public health concerns caused by the gasoline spill. It is clear from the Ministry of the Environment letter that almost two years after the gasoline spill, Rubis has failed to assess the extent of the health implications for residents.”

Arguing that, up to that point, Marathon residents, business employees and their customers had been exposed to the gasoline spill’s impact for more than 18 months, Cable Bahamas and its attorneys further said: “The severity of the Government’s public health concerns is apparent from the Ministry of the Environment’s letter....

“To be blunt and accurate: This is a matter of life and death and health to residential neighbours, Cable’s employees, Rubis’s employees and the public at large, and therefore it ought to be treated as such, with all the seriousness it deserves.’

Rubis Bahamas has so far confined its response to media advertisements, which slam recent reporting on the gasoline spill as “inaccurate”.

It added: “As a good corporate citizen, Rubis has been responsible and diligent in response to the incident at Robinson Road, and we have taken all necessary and possible actions to remediate the impacted areas and to avoid any risk to the neighbours.

“Remediation activities at the site have been conducted for more than two years and have been very effective in reducing the levels of hydrocarbons present in the soil and in the water.

“Recent samples taken from the soil and the water table in areas impacted by the spill have confirmed that there are no free hydrocarbons present in the soil and that the levels of hydrocarbons present in the water table have declined.”

Rubis added that all of the recommendations made by the Government have been incorporated into an action plan.

“We are in constant communication with the government of The Bahamas on all issues pertaining to the Robinson Road incident,” the company added.

Cable Bahamas is suing Rubis and former gas station operator, Fiorente Management, for up to $15m in damages, alleging that their “negligence” resulted in its property, mainly its customer service building, being contaminated by the 2012 gasoline leak.

Rubis and Fiorente Management are both resisting Cable Bahamas’ efforts to obtain a summary judgment against them, while blaming each other for the massive gasoline leak that sparked the initial claim.