PUERTO RICO
Fuel firm flouted safety rules
The fuel company whose tank farm in Bayamón, Puerto Rico, exploded last month collected environmental violations and skipped inspections for years.
BY McNELLY TORRES AND OMAYA SOSA PASCUAL
BAYAMON, Puerto Rico -- The fuel company whose tank farm exploded in a massive fire last month has been cited for sweeping environmental violations dating back 10 years, costing $1.3 million in penalties and fines for leaking hazardous waste in the water, air and soil, a nonprofit investigative news organization has reported.
Yet local and federal government agencies have allowed the company to run for nearly a decade without safety inspections or an emergency community disaster plan, in violation of federal law, Inter-American University School of Law's Center for Investigative Reporting found.
Caribbean Petroleum Company (CAPECO) is a fuel company that distributes diesel and gasoline products to over 200 gas stations throughout the island under the Gulf brand. The company operates the only privately-owned loading dock facility in Puerto Rico.
Its facility at the Luchetti Industrial Park in Bayamón was the site of an explosion last month that produced a toxic fire that took firefighters several days to extinguish and caused fuel leaks into neighboring waterways.
It had not been inspected by the Occupational Safety and Health Administration since 2000.
A review of inspections by the Environmental Protection Agency, bankruptcy records and interviews with safety experts, regulators, community activists and residents shows a company that has been troubled for decades and later sought Chapter 11 bankruptcy protection to get relief from financial pressures.
``We have always talked about it, and we've always said that it would explode someday,'' said Frankie Olivo, a resident of Puente Blanco who has been subcontracted to clean the petroleum-contaminated creek in front of his house.
The cause of the explosion that affected 21 of their 40 fuel reserve tanks is still under investigation and will focus on how CAPECO manages tanks and trains workers, said Jeffrey Wanko, lead investigator of the U.S. Chemical Safety and Hazard Board (CSB). The probe, led by the CSB, is now investigating possible negligence and human error.
CAPECO's spokeswoman, Frances Rios, did not respond to repeated requests for comment on the company's history.
Asked why the company was allowed to continue operating despite the violations, José Font, deputy director for EPA Caribbean, said the agency's priority is to assure that operations meet federal rules. ``What we have to look for is compliance with the law,'' Font said.
Since 1990, the National Response Center, an entity that reports oil, chemical, radiological, and biological spills, has recorded at least 25 oil spills from the company into the island's water, air and soil.
Other findings include:
1993-1997: One of the company-owned gas stations in Utuado contaminated the Río Grande in Arecibo, pumping between 5,000 and 20,000 gallons of fuel, which affected 263 residents' health, according to a civil suit.
1998: The EPA levied $52,000 in penalties and fines after the facility was cited for violations under the Clean Water Act shortly after Hurricane Georges.
1999: The EPA imposed $1.3 million in penalties and fines for an array of violations.
1990-2009: The EPA's National Response Center has reported at least 25 reports of leaks and explosions.
2008-2009: Bankruptcy court ordered $1.3 million compensation to 30 residents living in Utuado, where a leak took place.
2009: 21 storage tanks exploded, igniting a fire that lasted 60 hours, contaminating water and air.
Years ago, activist Rosa Hilda Ramos filed a complaint with OSHA alleging unsafe working conditions on behalf of workers who were too afraid to voice concerns, she said.
``What I want for state and federal agencies is to do their jobs. Why do we, the people, have to act as detectives, police, and biologists?'' Ramos said.
McNelly Torres is a freelance investigative journalist in South Florida and Omaya Sosa Pascual is co-executive director of Puerto Rico's Center for Investigative Journalism.




















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