Northport Trucking Company Denies Chemical Spill Allegations In Latest Court Filing

NORTHPORT, AL — Burgess Equipment Repair last week categorically denied each complaint in a long list of accusations following a chemical spill near numerous homes and a Northport elementary school.

Click here to subscribe to our free Tuscaloosa Daily newsletter and breaking news alerts

In a 26-page filing in U.S. District Court, the trucking repair company addressed each complaint levied against it by Pro-Built Development, LLC. for violations of the federal Clean Water Act.

Pro-Built Development owns property around the spill site, specifically in Huntington Gardens, where residents have also filed a separate class action lawsuit in Tuscaloosa County Circuit Court against the two companies.

In one of the most telling denials, Burgess refuted allegations that any sedimentation, pollution or contaminants from the Burgess property caused or contributed to contamination of Carroll's Creek and/or Lake Tuscaloosa.

When considering the legalese at play, it's important to note that Burgess has, on more than one occasion, pointed the finger at Delta Oil for being responsible for the spill — a notion partly validated by Patch's own investigation of the spill.

As we reported last year, the controversy began to grab the public's attention on March 16, 2021, when the Northport Police Department asked for the public's help identifying the source of a foul, chemical smell in the vicinity of Huntington Place.

Emergency officials responding to the calls eventually noticed two Delta Oil tanker trucks at the south end of the Burgess property, which was positioned uphill from a tributary to Carroll's Creek — a primary feeder into Lake Tuscaloosa. The trucks were identified as the likely source of the protracted spill, as oil sheens were visible in standing water, along with dead foliage in the immediate vicinity of the site.

One of the many sources who have spoken on the record with Patch include former Delta Oil Services employee Joseph Ellis, who is a defendant in the federal lawsuit. In an effort to absolve Burgess, Ellis accused his former employer of unlawful business practices that violate federal environmental standards by knowingly dumping solvents and other petrochemicals.

He also claimed Burgess was unaware of the dumping, despite numerous complaints against Burgess filed with the Alabama Department of Environmental Management tell a much different story — one that includes Burgess being hit with fines and forced to address various aspects of the way the company handles petroleum waste.

Still, Delta Oil, which is owned by brothers Logan and Lucas Hayes, rented space from Burgess off of Mitt Lary Road and has also been accused of similar violations at its facilities in Cottondale and Adger.

ALSO READ: Former Driver Blames Delta Oil, Not Burgess For Northport Spill

But apart from taking responsibility for any accusations of pollution to Lake Tuscaloosa and its tributaries, Burgess also denied each formal complaint made by Pro-Built Development, including: trespassing, nuisance and violations of the Clean Water Act.

"The damages and injuries allegedly sustained by the plaintiff were not proximately caused by this defendant, but were the proximate result of supervening or intervening causes or circumstances," the legal counsel for Burgess Equipment Repair wrote in the response.

With respect to paying for damages to Pro-Built Development, Burgess argues that awarding the claimed damages would violate the excessive fines clause of the Eighth Amendment to the United States Constitution, in addition to the equal protection clause of both the United States Constitution and the Constitution of the State of Alabama.

As Patch reported in March, U.S. District Judge R. David Proctor threw out a dismissal request made by Burgess and Delta Oil, as the companies claimed the accusations against them resulted from "wholly past conduct" that had been addressed.

All parties agreed that the case will be ready for trial no sooner than March 2023.

Have a news tip or suggestion on how I can improve Tuscaloosa Patch? Maybe you're interested in having your business become one of the latest sponsors for Tuscaloosa Patch? Email all inquiries to me at ryan.phillips@patch.com.