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Suit alleges health risks at sewage station

Published: Wednesday, June 6, 2007 4:47 PM CDT
A The Colony couple are taking the city to court, alleging fumes from city sewage have caused their health problems.


In the suit, John and Cheryl McDonald allege harmful pollutants coming from the city’s raw sewage forced them to cease operations at the golf range, Texas Legends Golf Center. The suit alleges harmful amounts of hydrogen sulfide gas and other air pollutants rose from the city’s nearby master lift station. It alleges these “potentially toxic fumes” gave them and their child health problems from exposure.

The range has operated on city property in the 6000 block of Main Street since the McDonalds leased the property in 2002 until its recent closure. According to the suit, the lift station is located on the same property.

The lift station included an open channel in a fenced nin area, according to state records, about 100 feet north of the golf range. The lift station collects sewage from surrounding neighborhoods and moves it into a pipeline.

The suit alleges that the city failed to operate the station in a reasonable manner, operating beyond capacity, allowing holes to open in the station, and failing to replace a broken conveyor belt system for removing large objects from the sewage stream.

The lawsuit alleges the Texas Commission on Environmental Quality took air samples at the site Sept. 27, 2006 and found levels of hydrogen sulfide higher than state and federal standards.

That measurement is part of a Texas Commission on Environmental Quality investigation report that draws a more detailed view. The agency responded to four complaints starting Sept. 13, 2006.looking into odors at the site and perceived health effects.

The report indicates that a series of air quality readings taken by TCEQ near the lift station between Sept. 21 and early October 2006.

Readings from the first test, taken Sept. 27, led a TCEQ toxicologist to conclude that the reported health effects could be caused by exposure to the detected level of hydrogen sulfide.

According to a memo from a TCEQ toxicologist, 36 of 73 samples taken by the machine were “well above” the state health standard. It stated that hydrogen sulfide concentrations were within a range that could cause the reported symptoms.

“Exposure to these concentrations of Hydrogen Sulfide is within a range of concern,” wrote Tracie Phillips of the TCEQ toxicology section.

However, the testing was not completed due to a dead battery on the equipment, the report said. The state standard requires 30 minutes of sampling and averaging. The equipment died after 23 minutes.

A later 30-minute test on Oct. 5 reported that hydrogen sulfide concentrations did not exceed the standard outside of the lit station fence, the report said, and the report stated that no odor violation could be confirmed. No action has been taken against the city at this site, according to the report.

The complainant, never identified in the documents, told the investigator he would have no more guests until TCEQ or The Colony reported that there were no more hydrogen sulfide emissions, the report said. the investigator told the complainant that “the evidence did not support the assumption that emissions from the [lift station] would cause health effects.”

The health implications of the readings are further muddled in the report, because the toxicologist and investigator are at times in disagreement over what standard should apply to determine if the concentration poses a health risk.

The open channel was covered Oct. 9, according to report.

The report indicates “light to moderate, intermittent odor” detected at the site. It indicates that the odors were likely caused by sewage moving through the lift station.

The toxicology memo indicates reported health symptoms include headache, nausea, dizziness, eye and throat irritation and corneal opacity.

The suit alleges that indicates that further air testing, conducted at McDonald’s behests, confirmed the presence of air pollutants.

A city spokesman indicated that city officials would not comment on the matter, due to its status as pending litigation. The city has denied the allegations in legal papers.

Ray Vela , an attorney for the McDonalds, was contacted, but did not offer comment by deadline Tuesday.

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