Parker Waichman LLP

Plant’s chemicals are still unidentified

Explosions At Apex Waste Company Released Plant’s Chemicals. Environmental Quality Co. is allowed to handle scores of toxic compounds, but it was not clear whether late-night explosions at the Apex hazardous waste company released dangerous quantities. Emergency workers observed what looked and smelled like a cloud of chlorine gas over the plant after fires broke out, […]

Plant's Chemicals

Explosions At Apex Waste Company Released Plant’s Chemicals. Environmental Quality Co. is allowed to handle scores of toxic compounds, but it was not clear whether late-night explosions at the Apex hazardous waste company released dangerous quantities.

Emergency workers observed what looked and smelled like a cloud of chlorine gas over the plant after fires broke out, but state air quality monitors hours later did not detect chlorine or any other health threat.

Apex Mayor Kevin Weatherly said Environmental Quality indicated that fertilizers and pesticides probably were on the property. A company spokesman said paints could have been there, too.

Still, regulators say they do not know yet whether dangerous materials were released into the air or creeks and waterways that flow into the Neuse River.

“We are very concerned about people’s safety and we will report what we find as soon as possible,” said Elizabeth Cannon, chief of the hazardous waste section at the N.C. Department of Environment and Natural Resources.

The State Bureau of Investigation has assigned agents to determine whether crimes such as arson or environmental offenses contributed to the explosion. Criminal investigators with the U.S. Environmental Protection Agency are also expected. The agency routinely looks into explosions at regulated plants.

EQ Was Handling And Storing Toxic Chemicals

Environmental Quality Co. was in compliance with state rules governing the handling and storing of toxic chemicals. State inspectors visit such facilities at least four times a month and last inspected the Apex site Sept. 28 and 29, Cannon said.

Since taking ownership of the Apex facility in January 2003, Environmental Quality has accumulated routine “deficiencies.” Inspectors have found hazardous materials improperly stored together, for instance, and the contents of containers not clearly labeled, according to records.

In July 2003, DENR fined the outfit $32,000 after flammable waste was pumped into a tanker truck that was not cleaned of the acidic waste residue collected previously.

At the Apex facility, Environmental Quality collected many types of hazardous waste and recycled some from surrounding states. Much of its business involved collecting liquid that could be processed into fuels used by cement kilns, Cannon said. It also handled regulated materials such as research laboratory waste and flammable materials, which were shipped out of state.

Some materials that came through can ignite or are corrosive. They include heavy metals such as cadmium, chromium and mercury. The company also accepts hazardous organic materials, according to the state Department of Environment and Natural Resources.

As the fire burned, state regulators analyzed air repeatedly Friday and detected no worrisome chemical concentrations. They did detect a compound called BTEX, or a benzene toluene ethylene xylene complex, which is associated with toxic chemicals. They detected the chemical only concentrations measured in parts per billion, said Tom Mather, a DENR spokesman.

The U.S. Chemical Safety Board, which studies industrial accidents to prevent them from reoccuring, also deployed a team, in part because a Michigan plant owned by Environmental Quality Co. of exploded last summer, apparently after volatile liquids were improperly mixed. The safety board investigators arrived Friday night, and were to begin work this morning.

Michigan regulators couldn’t detect whether mismanagement caused the problem and have not decided whether to let the company resume operations, said Robert McCann, spokesman for the state’s Department of Environmental Quality.

Another concern in Apex is whether heavy rains washed chemicals into waterways. Surface water flowing from the property would travel into Middle Creek, which connects to Sunset Lake, and then to Swift Creek, which empties into the Neuse River near Smithfield.

Smithfield’s public water supply probably would not be affected because the creek empties into the Neuse below where Smithfield draws water, said Susan Massengale, a DENR spokeswoman. State officials contacted the city of Goldsboro to encourage it to monitor downstream water.

Need Legal Help Regarding Plant’s Chemicals?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Want to thank you, Shelly Davis, for all that you did for me to receive my compensations thru out my career in The NYPD ! Greatly appreciated!!
Danny Torres
a month ago
5 Star Reviews 150
Positive: Professionalism , Responsiveness I am very happy with the services provided by this firm. They were very professional and responsive to my needs and concerns.
Kristan David Curry
3 years ago
5 Star Reviews 150
I would like to thank the Parker Waichman Staff for helping me throughout this journey, Bonita Rollis was exceptionally awesome in guiding me throughout this process. From the beginning she offered hospitality and wished me longevity in my course of healing. We creation a connection, which made it easier for me to understand the process. I explored with questions and she listened with patience and provided recommendations every time we spoke. I have and will always recommend this firm to any of my family and friends.
donna rayside
a year ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038