FULLERTON : Firms Appeal McColl Site Cleanup Order

The oil companies that were recently ordered to pay for the cleanup of the McColl toxic dump site began an appeal process Wednesday, arguing that they are not responsible for the waste.

Bill Duchie, a spokesman for the four oil companies, said the federal Superfund should pay for the estimated $80-million cleanup since the waste was produced during an effort to help the government during World War II.

The dump was used from 1942 to 1946 for disposal of petroleum refinery wastes and contains 100,000 cubic yards of contaminated material.

The legal battle will not slow the site cleanup, Duchie said.

A U.S. Environmental Protection Agency plan calls for solidifying about half of the toxic waste and building underground barriers to contain it.

A U.S. District Court judge in September ordered that Shell Oil Co., Atlantic Richfield Co., Union Oil Co. of California, Texaco Inc. and the McAuley LCX Corp., which owns the land, must pay to clean up the tarry sludge.

Duchie disagreed. He has asked U.S. District Judge Robert Kelleher, who made the decision, to let him appeal to the U.S. Court of Appeals.

“During (World War II), it was basically a wartime economy,” Duchie said. Duchie’s lawyers argued that an “act of war” caused the waste and therefore the oil companies are not liable.

The EPA sued the companies in February, 1991, to make them pay for the cleanup.

Government attorney Greg Ritter said the “act of war” defense was rejected by Kelleher.

“It was the oil companies’ decision to dump the waste at the McColl site,” Ritter said. “They had a choice.”

Kelleher will hear Duchie’s request on Nov. 8.

Since the legal battle between the government and the companies is not over, Duchie must ask the judge’s permission to appeal to a higher court.