El Dorado County DA joins Phillips 66 lawsuit

The joint enforcement action included El Dorado County District Attorney Vern Pierson as well as the DAs from Alameda County, Nevada County, Merced County, Placer County , San Bernardino County , and Stanislaus County.

Nevada County District Attorney Cliff Newell joined in a statewide enforcement law suit filed Wednesday, January 2, 2013, by Attorney General Kamala D. Harris against Phillips 66 and ConocoPhillips for allegedly violating state law by failing to properly inspect and maintain underground tanks used to store gasoline for retail sale at more than 560 gas stations in California.

In addition to Nevada County, the Attorney General's office was joined in this enforcement action by Alameda County District Attorney Nancy E. O'Malley, El Dorado County District Attorney Vern Pierson, Merced County District Attorney Larry D. Morse II, Placer County District Attorney R. Scott Owens, San Bernardino County District Attorney Michael A. Ramos, and Stanislaus County District Attorney Birgit Fladager.

There are five stations in Nevada County that may be affected by the law suit. The complaint filed by the Attorney General's Office details representative violations in twenty-five locations throughout the State. None of the Nevada County stations are listed specifically but, the complaint alleges regulatory and physical violations by all Phillips 66/ ConocoPhillips Company service stations with underground fuel storage tanks.

The complaint filed in Alameda County Superior Court alleges that, since November 2006, Phillips 66 and ConocoPhillips have "engaged in actions and omissions involving: (a) the operation and maintenance of underground storage tanks (USTs) and UST systems, and, (b) the handling of hazardous wastes and hazardous substances generated by the operation of USTs, UST systems…" at the various retail stations throughout the State. The statewide investigation led by the Attorney General's office found violations of hazardous materials and hazardous waste laws and regulations at gas stations in 34 counties across the state.

A copy of the complaint is attached to the Attorney General's Press release at http://oag.ca.gov