Smitty’s Supply’s facility in Tangipahoa Parish was destroyed in an August 24 fire.
Louisiana and the U.S. Department of Justice have filed a lawsuit to recover civil penalties against Smitty’s Supply Inc, whose lubricant-manufacturing facility in Tangipahoa Parish was destroyed in a massive fire in August.
The lawsuit filed November 5 in the Eastern District of Louisiana urges the federal court to slap Smitty’s with an injunction for violations of the Clean Water Act and the Louisiana Environmental Quality Act, plus civil fines and penalties of up to nearly $60,000 per day for toxic discharges and tens of thousands of dollars per day per violation. Proof of gross negligence could push those numbers even higher, according to the complaint.
The Aug. 22 explosion and fire at the manufacturing facility in Roseland engulfed fuel storage tanks, caused oil and other pollutants to flow into Tangipahoa River and continued to burn for about two weeks. The federal Environmental Protection Agency later said the company had inadequate oil-spill prevention and response plans and had violated its Louisiana Pollutant Discharge Elimination System permit, according to the lawsuit.
“Plaintiffs ask this court to hold (the) defendant accountable for unlawfully polluting the nation’s and the state’s waters, and to require defendant to take all appropriate measures to prevent future spills or discharges,” the complaint says.
The pollutants from the fire traveled down the Tangipahoa River for about 47 miles, the plaintiffs allege.
Murrill
Louisiana Attorney General Liz Murrill’s office filed the complaint jointly with the U.S. Department of Justice and the state Department of Environmental Quality.
“We intend to hold Smitty’s accountable for the damages caused and costs incurred as a consequence of this event,” Murrill said in a statement emailed to the Louisiana Record.
An attorney who represents Smitty’s in a separate lawsuit did not respond to a request for comment. But the company paints a different picture of who’s responsible for the explosion and flames that led to mass evacuations and air pollution.
In an Oct. 14 lawsuit filed in Louisiana’s 21st Judicial District Court, attorneys for Smitty’s argue that a thermal fluid heater was the culprit in the explosion, which forced the company to lay off its employees, lose income and profits, sustain reputational damage, deal with mounting clean-up issues and suffer the loss of its product inventory.
Fulton Thermal Corp., which manufactured the thermal heater purchased by Smitty’s in 2021, should be held responsible for selling a defective product, according to the lawsuit. And the company responsible for its installation, J&M Boiler Combustion Control Services Inc., is also listed as a dependent.
“The injuries and damages which occurred herein were caused, in part, by the negligence of J&M and by the negligent installation and/or maintenance of J&M,” the lawsuit says.
The company is committed to getting back onto its feet, according to the complaint.
“... Smitty’s’ focus remains entirely on the safe and efficient clean-up of the incident site and making plans on how to move forward,” the lawsuit says. “At all relevant times hereto and as of the date of this filing, Smitty’s continues to support the needs of the U.S. Environmental Protection Agency, Louisiana Department of Environmental Quality, and other parish and state agencies.”
Smitty’s argues it did not contribute to the fire in any way and had the thermal heater regularly serviced and inspected.
