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State to investigate fuel tank removalThis article was originally published in the the Amador Ledger Dispatch on February 3, 1999, and is reproduced here with its permission. By Sean Barry JACKSON—The Amador County Board of Supervisors was formally told yesterday that county road workers' removal of two underground gas tanks in 1997 is under criminal investigation by state authorities at the request of District Attorney Todd Riebe. County Environmental Health Department (EHD) workers began investigating the Public Works Agency about the tanks two weeks ago, in response to a complaint. Complaints are confidential, said EHD Director Mike Israel. The EHD will remain involved in the inquiry, according to Nancy Lancaster, the state Environmental Protection Agency official assigned to the matter. Supervisor Lous Boitano, Board chairman, said the county will cooperate fully with the investigation. The two gas tanks, about 1,100 gallons each, are sitting in the bed of an old, inoperable snow plow truck at the county's Martell corporation yard. Public Works Agency Director Rod Schuler said the tanks were dug up without a permit by road workers, who found them in the course of installing a power line. The date of removal is unknown but it believed to be September or October of '97, Schuler said. The tanks had not been used for fuel storage for at least 21 years and were pumped out about 13 years ago, Schuler added. While the state and EHD inquire about those tanks, Boitano directed the EHD to probe "all other county properties" for possible breaches of environmental laws regarding underground tanks. There is evidence of such violations at the county-owned airport, Westover Field, where fuel was dispensed from single-walled underground tanks after federal law [actually just EPA regulations, not a federal law—PKS] banned such tanks' use. An upgrade was in progress but not completed before the deadline. Government agencies are not exempt from federal laws regarding the use, removal, transport and disposal of underground gas storage tanks. As for the tanks that county road workers dug up in '97, Riebe had announced Friday he would ask for the state probe, saying he "does not have the necessary resources to conduct such an investigation." Participation by Riebe's office in the investigation of Robert Womack and others—the so-called "gastankgate" case—has been extensive. But Riebe cites additional involvement by the Highway Patrol and special prosecutor David Irey. At yesterday's Board meeting, Riebe also stressed avoiding the appearance of a conflict of interest. He said all findings will be turned over to the Attorney General's Office for review and possible prosecution—in order to avoid the "perception" of "the fox guarding the chicken coup." Riebe's office, however, "will participate in a fact-finding mission," according to his statement Friday. And the EHD will remain involved in the inquiry into the tanks, according to Lancaster, the Cal-EPA's Department of Toxic substances Control official handling the matter. Riebe had asked the California Highway Patrol to investigate, but the agency declined, he said. Lancaster told the Board yesterday she was still familiarizing herself with the case and didn't have anything to say yet. Yesterday's discussion ended at 10:25 a.m., and the Board recessed before its 10:30 a.m. hearings on other matters. There was no public comment. EHD action helped launch "gastankgate,", which in turn has now triggered at least two complaints against the county. The results have been the shutdown of the airport tanks Feb. 2, as well as the forthcoming state investigation regarding the two tanks now sitting in the truck at the corporation yard. Copyright © 1999 Amador Ledger Dispatch |
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