Below is a summary of our French Broad Riverkeeper’s work and observations about the oil spill at Hominy Creek on Feb. 14. WNCA has gathered information on how you can help us stop this type on incident from happening again.
What You Can Do:
Current state law requires the responsible party of a spill (oil, sewage, etc) to notify the public within 24 hours. The state then has 48 hours to notify the public. This law needs to change to ensure the state is notified immediately and that the public is also notified immediately.
Contact your legislator and let them know we want them to act on this issue:
- Sen. Tom Apodaca: Tom.Apodaca@ncleg.net
- Rep. Susan Fisher: Susan.Fisher@ncleg.net
- Rep. Tim Moffit: Tim.Moffitt@ncleg.net
- Rep. Nathan Ramsey: Nathan.Ramsey@ncleg.net
There must be better communication from the Department of Environment and Natural Resources (DENR) to the public. DENR should use existing technology (Twitter, Facebook, email, etc.) to notify the public and impacted municipalities immediately. Also, additional oil storage facilities should be inspected to make sure they are properly constructed and maintained to prevent future spills.
Contact DENR to let them know oil facilities should all be inspected and that the public needs good timely information to protect human health and the environment.
- Drew Elliot, public information officer, drew.elliot@ncdenr.gov or (919) 707-8619
- Mitch Gillespie, assistant secretary of the environment: mitch.gillespie@ncdenr.gov or (919) 707-8619
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Video: French Broad Riverkeeper Hartwell Carson got an update Feb. 16 about the Hominy Creek oil spill from EPA emergency response coordinator Terry Stillman. Stillman shared information on the cleanup effort and what the community can expect over the coming days and weeks.
French Broad Riverkeeper’s summary of events surrounding the Hominy Creek oil spill:
At about 1:30 p.m. on Friday Feb. 14, workers at the Vulcan Materials Co., noticed oil running through their property.
Oil bubbling out of the sediment when stirred up.
They quickly built berms and basins to try to prevent the oil from entering Hominy Creek, which dissects Vulcan’s quarry. Workers at the quarry notified Harrison Construction Co., that the spill originated from the company’s 20,000 gallon fuel oil tank, which was leaking.
Harrison Construction reported there were 5,800 gallons in the tank at the time of the release, and about 5,000 escaped the tank. A portion of that oil was captured on site before entering Hominy Creek. The oil leaked from the tank when a coupling failed. The concrete containment system, that is required by law, also failed, because the drain valve was left open. The drain valve is used to drain rain water, but is supposed to remain closed in the event of a spill.
The Feb. 17 edition of the Asheville Citizen-Times quoted Harrison Construction President Todd Quigg as saying he “does not know whether human or mechanical error, or a combination, is to blame for allowing diesel fuel leaking from a tank to escape a secondary containment system and get into Hominy Creek through a storm water runoff pipe.”
WNCA’s French Broad RiverkeeperHartwell Carson and Asheville Greenworks’ Volunteer/Clean Communities Coordinator Eric Bradford talk on scene with EPA Emergency Response staff.
NEO Corp., an environmental remediation company, was on the site shortly after the spill and began to use a vacuum truck to remove oil that had pooled up on the site. Around 3 p.m., as required by law, Harrison Construction called the North Carolina Department of Environment and Natural Resources (DENR) to report the spill.
Harrison Construction reported that the spill was contained, and it was not until additional calls were made by the public that the local fire department, then DENR, and then EPA from Atlanta responded.
It is still unclear why the spill was reported as contained and what DENR did to investigate the original call.
The Buncombe County Fire Marshal surveyed the river Friday at about 6:30 p.m., finding oil as far downstream as East Oakview Road. He instructed the company to place oil absorbent booms at Hominy Creek Road, downstream where they observed oil in the creek. No booms were placed in the river prior to the fire marshal’s instructions. It is still unclear why Harrison Construction did not try to remediate the oil in the creek, prior to instructions from the fire marshal. DENR arrived on the scene sometime after 6 p.m., and EPA arrived a few hours after that. Oil absorbent booms were placed in the river that afternoon and evening. Booms were placed overnight and based on what was visible Friday it was believed the spill had not reached the French Broad River. The spill was reported in the media by WLOS TV at 9 p.m. on Friday night, but it was reported as being contained.
Local photographer Bill Rhodes noticed the spill on Saturday morning, at the spot where Sand Hill Road crosses Hominy Creek, near Biltmore Lake. Rhodes also saw that the oil at Hominy Creek Park was entering the French Broad River and a few miles down the French Broad River at French Broad River Park.
Rhodes called the fire department, and crews then installed additional booms across Hominy Creek, just before it enters the French Broad River. WNCA French Broad Riverkeeper Hartwell Carson and Eric Bradford of Asheville Greenworks saw and reported lots of oil visible on the river at about noon on Saturday.
EPA and the hired cleanup contractor, ERC, put oil absorbent pads in the eddy where oil gathered on Pond Road. The original oil boom is visible with the hard plastic boom that was added Feb. 15.
Booms were also added in a few other locations along Hominy Creek on Saturday, and Saturday night additional hard plastic booms were added to support the soft absorbent booms.
As of Tuesday afternoon (Feb. 18), a lot of oil remained in all parts of Hominy Creek. The fuel oil smell was still heavy, and there was sheen and some product visible in the water
EPA and DENR both say it will take some time before all of the oil sheen is gone from the creek.
DENR has taken water samples to investigate the impact of the spill and WNCA will be watching the spill, cleanup, enforcement and impact to the river closely to fully understand what went wrong, what impact there is to the river, and what can be done better in the future to make sure this type of incident does not happen again.
Feb 19: Five days after the Hominy Creek oil spill, you can still smell fuel at the creek. Our French Broad Riverkeeper reports that as many as five hours passed before cleanup crews took measures to protect area rivers. Click here to view the story.
Feb. 25: Asheville Fire Chief Scott Burnette releases a PowerPoint updated on the Hominy Creek oil spill. See it here.
Feb. 26: From the Asheville Citizen-Times: “State environmental officials issued a notice of violation to the company blamed for spilling thousands of gallons of fuel oil and contaminating Hominy Creek. Harrison Construction Co. faces fines of up to $25,000 per day for each of three violations cited in the notice, said Chuck Cranford of the N.C. Division of Water Resources. Meanwhile, Cranford said cleanup efforts to contain the fuel spilled on Feb. 14 have concluded and the creek appears to be free of contaminants.”