Already on the day the fuel leak occurred in the EPA complex, Ronen Alush, a resident of Ashkelon, filed a class action lawsuit against the company in the amount of NIS 100 million. According to him, the exposure to air pollution and severe odor nuisances harmed the health of the residents.
Posted on: 28.11.20 18:12
Ronen Alush, a resident of the Barnea neighborhood in Ashkelon, hurried and filed a class action lawsuit against the EPA company on Thursday due to the pungent odor that hit the residents of Ashkelon and the surrounding area. The petition was submitted to the Beer Sheva District Court.
In the application that was submitted, Alush claims that 100,000 people were affected by the severe odors and that the compensation for each of them should be NIS 1,000 and the total claim is NIS 100 million.
Who is included in that group? According to the request: “Anyone who has been exposed to air pollution and odor nuisances from the respondent’s container farms located in the south of the city of Ashkelon, starting on November 25, 2012, and thereafter, including exposure to severe odors as well as pollutants.”
It was also written that this incident led to the residents of Ashdod, Ashkelon and the surrounding area being exposed to the unusual smell of fuel for long hours, until the Ministry of Environmental Protection and the Ministry of Health recommended that the public close windows and avoid strenuous physical activity.
According to the request, EPA operates a complex in the city of Ashkelon that includes 24 storage tanks for crude oil with a storage volume of approximately 9.1 million cubic meters. In addition, the Ashkelon complex has a storage volume of approximately 410,000 cubic meters of fuel products. The fuel product system includes 10 tanks, which are connected to on-site connectors. The respondent stores as stated in the complex is engaged in the storage of crude oil and its products: fuel oil, diesel, kerosene and gasoline. These materials are stored, each separately, in dedicated containers covered with floating roofs whose purpose is on the one hand to prevent
Evaporation of fuel vapors into the air and, on the other hand, prevent the accumulation of gases in tanks. “
As a result, following the severe odors throughout Ashkelon and the surrounding area, the EPA company stated that “as part of regular activities and due to the stormy weather, odors were emitted this morning for a short period of time from one
The company’s containers. “According to the request, this is the company’s admission of this damage.
The application alleges that due to this incident, EPA “acted in violation of its business license and thereby violated sections 4; 7 and 14 of the Business Licensing Law, 1968 when it acted in violation of the permit” and that the company “acted in violation of the Materials Law Dangerous, 1993 when it acted in violation of the permit and / or while endangering the environment. “
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It is further alleged that the negligence of the EPA or anyone acting on its behalf is expressed, inter alia, in the following acts or omissions:
A. Have not taken the necessary measures to prevent air pollution and odor nuisances.
B. Did not instruct their employees on the ways to prevent the creation of air pollution and odor nuisances.
third. Do not instruct their employees on how to handle hazardous materials that are treated and / or stored in the factory, in a way that will prevent air pollution and odor nuisances or at least – reduce them.
D. Did not comply with the provisions of the Clean Air Act and its regulations.
God. Did not comply with the business license provisions applicable to them.
and. Did not behave as a factory owner who stores hazardous materials would have done.
According to Alush, there is no doubt that the exposure to air pollution and severe odor nuisances “harmed the health of the group members, and in any case their autonomy,” it was written.
Regarding the applicant himself, it was alleged that “on November 20, 26, the applicant was exposed to severe odor nuisances and suffered from heavy air pollution, odor nuisances and fears that he was exposed to carcinogens that would irreversibly harm his health and the health of his family members.” Including the applicant, shutting himself in their home following the incident, added to the applicant’s anxiety. The damage done to the group members is clear. They were all exposed to severe odor nuisances and polluted air, and drought toxins.
“Aerosol vapors and particles carried in the air as a result of the respondent’s actions or omissions, including carcinogens and unbearably severe odor nuisances.”
Regarding the group members who were harmed, according to the request, the number of residents in the vicinity of the tank farms is about 150,000 and that the number of people who suffered from the odor is 100,000 people, with the damage being 1,000 NIS per person.