West Fertilizer Co., West, TX Explosion-15 Dead, Over 200 Wounded

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http://www.wacotrib.com/news/west_explosion/west-battling-donor-fatigue-in-recovery-efforts/article_fa07b1dd-dfbe-5d3c-9b6a-b6ef0aca1896.html
West battling ‘donor fatigue’ in recovery efforts
June 3, 2013

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http://www.govexec.com/management/2013/06/despite-turf-fight-chemical-board-continues-probe-texas-explosion/64130/
Despite Turf Fight, Chemical Board Continues Probe of Texas Explosion
June 3, 2013

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http://www.wfaa.com/news/texas-news/Woman-trapped-after-West-explosion-gets-a-chance-to-thank-her-rescuers-210192641.html
Woman trapped after West explosion gets a chance to thank her rescuers
June 5, 2013

WACO, Texas -- Misty Lambert lights up as she plays with her four-year-old son, Nikoda.

They are life's little rewards, and they are moments Lambert will never take for granted.

"We are going to live every day like it's our last, and love every day like it's our last," she said. 
 
Seven weeks ago, she nearly lost her life in the West Fertilizer Company explosion.

The blast destroyed her apartment. Misty was inside, trapped in the rubble. An hour later, and minutes from giving up, her rescuers arrived.

"They rewarded me with my second chance at life," said the mother of five. "They gave me hope, and I didn't have any."

 
For the first time, she met the men who pulled her out of the debris, volunteer firefighter Billy Brown and fire chief Scott Garner, both from the Leroy-Axtell Fire Department. Brown works for L3 Communications in Waco, and Garner is also a professional firefighter for the Waco Fire Department.

"It's very rewarding to know that someone I don't know is given a second chance by something we've done as volunteers," Brown said.

It's the first time these firefighters meet someone they saved. 

"This one is going to be at the top," Chief Garner said. "'Cause in 16 years, I have never done anything like it. I never have seen the destruction I saw in West, never had patients like I did in West, and I have never had one, like Misty, that survived."
 

Video at Link

[MuffyBee]

http://www.kxan.com/dpp/news/texas/hundreds-seek-fema-help-since-west-plant-blast
Hundreds seek FEMA help since West plant blast
$6.5 million in federal aid approved so far
June 6, 2013

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http://www.khou.com/news/texas-news/210674581.html
'Fertilizer makes flowers': Graduating West seniors reflect on life since explosion
June 8, 2013

WACO, Texas -- Graduates are often told that their graduation day is the first day of the rest of their lives, but in West, Texas, that day truly came in April.

Fifteen people died April 17, when the fertilizer plant exploded just a few blocks north of the high school. The Class of 2013 spent the final few weeks of school in another building, in another town, getting another kind of education.

"Over the last six or seven weeks, the life lessons they've learned will probably go further than any sixth grade spelling test," said Wayne Leek, principal of West High.

The senior year for a class of 118 became a year of loss, and a year of gains. They gained a new appreciation of life.

"It's awful and beautiful at the same time," said senior class president Chris Taylor. "You really get to grow even closer than you already are, and most of us have been here 12 years straight."

One graduating senior worked at the nursing home that was destroyed, and at graduation Friday night at Baylor University's Ferrell Center, he wore a remembrance on his cap.

"The last few weeks have been tough and the hard times aren't over, but fertilizer makes flowers," valedictorian Zoe Rankin told her classmates.

There was mention of what happened April 17, but their graduation really focused on what the students did right.

"They stepped up and led, led by example, and it makes you proud," Leek said.
 
Video at Link

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http://www.wacotrib.com/news/greater_waco/west/city-of-west-county-leaders-unsure-about-modular-homes/article_7ccce816-31e5-56e9-803e-322f0c6587af.html
City of West, county leaders unsure about modular homes
June 11, 2013

Bringing modular homes into West for displaced residents still is being considered, but it might be more expensive than originally thought, said Karen Bernsen, interim executive director of the West Long-Term Recovery Committee.
On Monday afternoon, officials from McLennan County, the city of West and other supporting groups heard from Sustainable Modular Management Inc. and the American Red Cross in an informal planning session to discuss the cost of bringing temporary units to West for homeowners displaced by the April 17 explosion.
The cost of moving one unit to West is $10,000 and doesn’t include connecting to any of the city’s utilities. The units would come from Killeen and can house two families.
“What we’re trying to assess over the next week is, ‘Is this feasible?’ ” Bernsen said.
Precinct 3 McLennan County Commissioner Will Jones said he thought the meeting was extremely helpful. It was the first time everyone who might be involved in the project had a chance to hear and address potential issues.
The three-bedroom, one-bath residences would be available for two years only to West residents who are rebuilding homes, Bernsen said. This would allow them to be closer to their construction sites, hopefully accelerating the building process.
Each unit uses about a quarter-acre and has a list of topography requirements, Bernsen said. The city engineer will research sites to see if there is a 10-acre plot within city limits that can house the 40 units available. If there isn’t that much land, the city is willing to look at smaller plots, but it wants as many units as possible, Bernsen said.
Jones said he would like the homes to be brought in, but is concerned that the cost to the city would prevent it. Sewer and water lines would need to be installed and roads would need to be built, which are extremely expensive, Jones said.
“We have nothing buttoned up. It’s all high-level discussion — feasibility discussions,” Bernsen said.
The temporary residential development would be owned by a private company that residents would rent from.
Jones said he would work to make sure the houses were tax-exempt.
Officials at the meeting also were unclear on who would pay for moving the units.
FEMA is not expected to supply any money for the effort. Mayor Tommy Muska told the Tribune-Herald recently that the agency won’t provide trailers for displaced residents because they determined there to be an abundance of hotel rooms available in the West area.
The county will not supply anything but manpower and equipment for the project. Muska said the city would not be able to provide any money for moving the units. He said the city would not have been able to give anything for a $4,000 move, which he initially was told the cost would be, and $10,000 is unthinkable.
A homeowner’s insurance policy that covers housing may cover the cost of moving a unit and the rent of staying there,
Bernsen said. But homeowners with policies without a housing allowance would be required to pay for it themselves.
Bernsen said she plans to apply for state and federal aid to minimize the cost.
 

[MuffyBee]

 


http://www.wacotrib.com/news/greater_waco/west/west-isd-to-go-with-less-expensive-option-for-football/article_f2a55df9-9197-5d11-b8d1-a48238811f2d.html
West ISD to go with less-expensive option for football field renovation
June 11, 2013

West Independent School District Superintendent Marty Crawford responded Monday to a critical letter from U.S. Rep. Bill Flores, explaining the district’s plans to reverse course on a decision to put in artificial turf on its damaged football field.
Crawford’s original plan, which was approved by the school board May 28, outlined plans to spend $900,000 repairing the field with artificial turf.
The field at Trojan Stadium was damaged when it was used as a makeshift triage center in the immediate aftermath of the April 17 West fertilizer plant explosion.
The letter from Flores,
R-Bryan, referred to a recent

telephone conversation the congressman had with Crawford.
Flores said his office received phone calls from constituents questioning the cost to replace the turf when the district has many other needs.
“Those constituents and I are very concerned about the negative (perception) of spending almost a million dollars for an athletic facility upgrade at a time when all three of the West ISD campuses need to be repaired,” Flores wrote.
Crawford said the district now intends to put in grass instead, which could cost about $250,000.
 

[MuffyBee]

http://www.statesman.com/news/news/fema-denies-emergency-money-for-west-schools-infra/nYJjj/
FEMA denies emergency money for West schools, infrastructure
June 12, 2013

The Federal Emergency Management Agency won’t pay for the City of West to repair or replace nearly $60 million dollars for schools, sewer and water lines, and other infrastructure problems caused when a fertilizer plant explosion rocked the rural community two months ago.
The federal agency decided the financial toll of the disaster — which killed 15 people and destroyed or damaged 200 homes — was not severe enough to warrant money to replace infrastructure that has left part of the city without water or sewer for more than two months after the explosion in mid-April.
FEMA has provided some financial assistance to individuals to help with debris removal, mental health care, food and legal servcies, according to a letter from federal authorities to Gov. Rick Perry’s office on Monday. But it will not cover $57 million in infrastructure costs, according to information from the Associated Press. Of that money, $40 million was slated to fix the three schools that were closed immediately after the explosion.
West Mayor Tommy Muska blasted the federal decision. Shortly after the explosion, President Barack Obama traveled to the community to pledge support for the city, a pledge he says the president has reneged on.
“He said he was going to be right behind us,” Muska said. “He’s so far behind us that we can’t even find him.”
The governor is disappointed by the decision, but will continue to work with FEMA, said spokesman Josh Havens.
More...

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http://www.kwtx.com/home/headlines/FEMA-Wont-Provide-Money-To-Help-Rebuild-West-211215191.html
FEMA Won’t Provide Money To Help Rebuild West
June 12, 2013

WEST (June 12, 2013)--The Federal Emergency Management Agency says it won’t provide money to help rebuild West where a deadly fertilizer plant explosion on April 17 killed 15, injured about 200 and damaged or destroyed dozens of homes and buildings including three of the town’s four schools.

In a letter sent To Gov. Rick Perry, who requested a major disaster declaration for West, FEMA Administrator W. Craig Fugate said “this event is not of the severity and magnitude that warrants a major disaster declaration.”

The denial comes more than six weeks after President Barack Obama assured mourners at a community memorial service in Waco that the town and its residents wouldn’t be forgotten.

“To the families and neighbors grappling with unbearable loss, we are here to say you are not alone, you are not forgotten. We’re neighbors too, we’re Americans too, and we stand with you and we do not forget and we’ll be there even after the cameras leave and the attention turns elsewhere,” he said.

Perry referred to the president’s vow Wednesday in a statement issued in response to the denial.

"The day of the West memorial service, President Obama stood in front of a grieving community and told them they would not be forgotten,” Perry said.

“He said his administration would stand with them, ready to help. We anticipate the president will hold true to his word and help us work with FEMA to ensure much-needed assistance reaches the community of West."

State Sen. Brian Birdwell, R-Granbury, whose district includes West, said in a statement Wednesday he was stunned by FEMA’s denial.

“Along with damaging or destroying the schools and local infrastructure on which the West community relies, this incident took the lives of 15 citizens and injured countless others—the very people President Obama promised his administration would stand behind,” Birdwell said.

“As I pledged to Mayor (Tommy) Muska this afternoon, I look forward to working with Governor Rick Perry, Congressman Bill Flores and U.S. Senators Cornyn and Cruz to ensure this egregious decision is appealed and ultimately reversed.”
 
“Just last month I saw the devastation first-hand, met with rescue workers and heard the President himself say that 'America needs more towns like West,” Abbott said.

“But now, once the cameras have stopped rolling, President Obama's FEMA has denied our state and our neighbors the necessary opportunities to rebuild critical infrastructure in the town, including an entire school,” he said.

West Mayor Tommy Muska says the town needs the money to cover $57 million in damage to buildings and infrastructure including schools and water and sewer systems.

An emergency disaster declaration was issued on April 19 and was expanded on May 1 to allow residents affected by the explosion to seek Individual Assistance Grants to cover such things as temporary housing, home repairs, medical and dental expenses, funeral expenses, personal property and transportation.

A major disaster declaration would have allowed the city to seek federal funds to repair damaged public infrastructure.

The agency has issued more than 20 major disaster declarations so far this year, all of them related to severe weather.

Perry’s spokesman Josh Havens told News 10 Wednesday morning this was actually the second denial FEMA has issued for help requested from West.

The denial this week concerns a request for assistance to the city for infrastructure and other repairs.

"FEMA requires that certain thresholds be met to approve assistance and we (West) met those thresholds," Havens said.

"We don't know why they denied it."

"Usually if you meet it (the threshold), you get it," Havens said.

Havens said the Governor's Office has 30 days to file an appeal, but he could not say if or when that might happen.

The first denial, which Havens said was "partial," came about three weeks ago and it was in response to an individual request, intended to help individual families.

"They denied part of that request and approved other parts," Havens said.

Havens said the governor's staff will use the next 30 days to work with the area FEMA office in Denton to determine if they it needs to file an appeal or use another avenue to seek funding.

FEMA Disaster Declarations for 2013
http://www.fema.gov/disasters/grid/year/2013?field_disaster_type_term_tid_1=All

[MuffyBee]

http://www.wfaa.com/news/texas-news/Private-donations-in-West-sit-idle-211312541.html
Private donations in West sit idle
June 12, 2013

WEST — While hundreds of West homeowners seek FEMA and insurance money to help rebuild their lives, millions of dollars in private donations is yet to be distributed.
According to a News 8 tally, more than $5 million in private donations has funneled into accounts set up at the town's two banks, as well as a variety of relief funds through agencies like the Salvation Army, Baylor University and the Waco Foundation. [SEE NOTE]
The Waco Foundation has collected the largest amount to date, close to $1.4 million. Executive director Ashley Allison said a lot of that money could be pivotal to West residents who can't find "full" relief elsewhere.
"Elderly folks might be under-insured, or not insured at all," she said.
But Allison admits only about $20,000 of the $1.4 million has been handed out.
Baylor hasn't yet distributed a single penny.
The Salvation Army told News 8 most of the money it has put into West so far was to cover operational expenses of their relief efforts on the ground.
So what accounts for the holdup?
Town leaders have been pushing for most of the private donations to be channeled through a newly established non-profit organization called the West Long-Term Recovery Center.
The center is trying to attain a 501(c)3 designation so it can fully operate as a charity and start helping distribute the private money that the relief funds and banks have collected.
"It is a process, we know that," said interim executive director Karen Bernsen.
The Internal Revenue Service will ultimately decide on approving the center's designation. An application was filed last month, but there is no timetable for approval.
Bernsen it was also important that homeowners try and exhaust all efforts through FEMA and the SBA before looking to private money for relief. That's because those agencies won't duplicate, or provide relief checks, if they think a homeowner has already been covered for that expense by private funds or insurance.
 

FEMA said last week more than $6.5 million has been approved for nearly 800 residents impacted by the fertilizer plant explosion on April 17. People who are still looking for more information on the relief process can find additional information at the West Long-Term Recovery website.
NOTE: A number of other organizations, like the Red Cross, provided resources following the blast, but because these groups didn't specifically track or mark donations as intended solely for long-term relief in West, they are not included in the above tally.

*My highlight in blue.  Is this the same money that was approved by FEMA, but now is denied? I thought parts of it were denied, parts of it approved and now none of it is approved?  There was money requests for individuals and then there was money requests for school and infrastructure. 


http://www.kwtx.com/home/headlines/FEMA-Wont-Provide-Money-To-Help-Rebuild-West-211215191.html
FEMA Won’t Provide Money To Help Rebuild West
June 12, 2013

 
An emergency disaster declaration was issued on April 19 and was expanded on May 1 to allow residents affected by the explosion to seek Individual Assistance Grants to cover such things as temporary housing, home repairs, medical and dental expenses, funeral expenses, personal property and transportation.
 
The first denial, which Havens said was "partial," came about three weeks ago and it was in response to an individual request, intended to help individual families.

"They denied part of that request and approved other parts," Havens said.
 

[MuffyBee]

http://www.wfaa.com/news/texas-news/Demolition-begins-on-apartment-complex-irreparably-damaged-in-West-blast-211476631.html
Demolition begins on apartment complex irreparably damaged in West blast
June 14, 2013

WEST –– On Thursday morning, demolition crews began knocking down what was left blown-out apartment complex that sat a few hundred feet from the West Fertilizer Co. plant that exploded in April, leaving a crater nearly 100 feet wide and 10 feet deep.
 
Items like stuffed animals and photo albums that were found on Thursday were set aside so that volunteers coming on Saturday can collect the items and hopefully return them to their owners.
No one is certain what will eventually be built on the site. The family that owns the apartments will have to evaluate the foundation to see if it is still usable.
Mayor Tommy Muska told News 8 he would like to see some of the land be used as an extension for the nearby park as a way to honor the fallen. 
"I would like to see a memorial for our first responders or firefighters that died," he said. 
 

Photo Gallery with 7 images at link in article.

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http://www.statesman.com/ap/ap/texas/texas-lawmakers-review-laws-after-west-plant-blast/nYL7r/
Texas lawmakers review laws after West plant blast
June 15, 2013

AUSTIN, Texas — Texas lawmakers will review existing rules and regulations for the safe handling of hazardous materials to determine whether state laws need to be more stringent after a deadly explosion at a fertilizer plant highlighted the dangers of these substances.
On Monday, Rep. Joe Pickett, chairman of the House Homeland Security and Public Safety Committee, will convene the second hearing since the West Fertilizer Co. plant caught fire and blew up in April, killing 15 people and injuring more than 200.
Some 60,000 pounds of ammonium nitrate, a common fertilizer, blew up after the heat of the fire destabilized the potentially explosive chemical that had been stored in wooden containers. The incident brought attention to regulation of the chemical, revealing that most current laws — both state and federal — are more focused on preventing chemicals from getting into the hands of criminals or terrorists rather than on its safe handling and storage.
"There isn't anybody who says, 'it's our responsibility to make sure these places are identified and they are following safe procedures, and here's our plan,'" Pickett, a Democrat from El Paso, told the Dallas Morning News (http://dallasne.ws/18IWy3u ).
The hearing could start a discussion about whether Texas needs to adopt rules that go "above and beyond" federal law, he said.
Officials from the Department of Public Safety and the State Fire Marshal's Office are to testify at the hearing.
Federal law requires companies that store and handle ammonium nitrate to file an annual report detailing the average amount they have on hand daily and their maximum storage capacity. The West Fertilizer Co. completed this requirement. But it appears some of the first responders who were to use the report to prepare for potential problems may not have reviewed the document.
At a May 1 legislative committee meeting, state agencies explained their roles in overseeing the dangerous chemicals. While each had some oversight, none claimed to be responsible for regulating the safe handling and storage of the substances.
If the committee determines the law needs to be changed, that would be taken up in the next regular legislative session in 2015.
Gov. Rick Perry has told The Associated Press he is comfortable with the current oversight, and doesn't believe spending more money on inspections could prevent an explosion such as the one that occurred in West.
But Phillip Martin, research and policy director for the liberal advocacy group Progress Texas, said additional money is needed for inspections.
 

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http://www.kvue.com/news/Online-registry-among-state-plans-in-wake-of-West-disaster-211883091.html
Searchable web database among state plans in wake of West disaster
June 17, 2013

 
"What should be the very next step that we do to keep this from happening again?" state Rep. Joe Pickett (D-El Paso), chairman of the House Homeland Security and Public Safety Committee, asked a panel of state officials at a Monday morning hearing.
 
According to Department of Public Safety Director Steve McCraw and State Fire Marshal Chris Connealy, the first step will be to create a website to let the public know where potentially dangerous chemicals are being stored. The website will be based on the DPS sex offender website, which allows the public to search by zip code to easily find out which sex offenders may be living near them. McCraw says the bottom line is that knowing what's nearby is important.
 
"The same thing can be said about chemical facilities," McCraw explained. "Why wouldn't you want to know where they're located at? And the data's already there. The Department of State Health Services has the data. It's in an Excel spreadsheet capacity. It can be easily overlaid onto a map."
 
Lawmakers additionally tasked officials with producing a list of regulatory "best practices" for communities like West with similar facilities in their back yards. Officials will look into signage that would make it easier to identify areas in which ammonium nitrate, the common fertilizer responsible for the blast, is stored. The Office of the State Fire Marshal and DPS were also asked to provide training to volunteer fire departments to more safely handle future disasters.
 
"We're going to get on it right away," Connealy responded to media questions after the hearing concerning the timetable for the website and other initiatives requested by the committee. "I've got a two-week deadline to give a status of how soon we expect to get this up."
 
Businesses are already required to report the storage of certain quantities of potentially dangerous chemicals to the federal government. The reports are kept on file with the Texas Department of State Health Services (DSHS), yet the department currently has no authority to investigate or punish businesses that fail to comply.
 
Lawmakers were troubled to find that since the blast, the state has received more than 600 of those reports from facilities which had previously filed none. Of those, 129 dealt with at least 10,000 pounds of ammonium nitrate (the minimum required to report), including at least one facility similar to the plant in West.
 
State officials and committee members were united in voicing frustration over the Federal Emergency Management Agency's decision not to declare West a "major disaster." A set of talking points released by FEMA explained the agency will continue to provide reimbursements for debris removal and emergency protective measures, noting that many of the buildings destroyed by the explosion were covered under insurance.
 
"Show me where you don't see this as a disaster," Pickett told media after the committee voted unanimously to draft a letter to FEMA expressing its concerns. "I don't know if you can ever embarrass the feds over anything, but somebody there might just do the right thing."
 
Investigators have determined that the fire caused the fertilizer to detonate, but did not originate within the ammonium nitrate itself. Although the investigation remains open, Connealy suggested Monday it's likely the cause of the initial fire may never be determined.
Video at Link

[MuffyBee]

http://www.wfaa.com/news/texas-news/Hearings-to-review-West-fertilizer-explosion-211768321.html
Hearings underway to review West fertilizer blast as cleanup continues
June 16, 2013

The deadly fertilizer plant explosion in West is the topic of hearings at the State Capitol today.
A legislative safety committee is listening to testimony from the Department of Public Safety, emergency management officials and the state fire marshal's office.
The committee will consider state regulations for potentially hazardous materials.
Officials ruled last month there was no "exact cause" of the April 17 fire that ignited 60,000 pounds of ammonium nitrate, triggering the blast that killed 15 people, including 12 first responders.
 
FEMA says it is standing by its decision to deny assistance for the town, schools and infrastructure repairs, although millions of dollars in individual assitance was approved.
The state has 30 days to appeal FEMA's ruling.
Video at Link

[MuffyBee]

http://www.wfaa.com/news/texas-news/State-committee-recommends-changes-in-wake-of-West-211906161.html
State panel recommends changes in wake of West blast
June 17, 2013

 
On Monday in Austin, a small group of state lawmakers decided not to wait for the federal government to act. They took their own action, hoping to at least begin making sure that a West-type accident doesn’t happen again.
The images of the destruction, the heart-wrenching tales of loss and ruin will stay with the residents of West and others for a lifetime. But the culprit being blamed for the explosion — the chemical fertilizer ammonium nitrate — is still out there at 129 businesses storing 10,000 pounds or more on site.
It is a chemical that is virtually unregulated; in some cases unprotected; and in many cases the community is unaware of its existence.
For the second time since the April 17 explosion, House Public Safety Committee Chairman Joe Pickett, has called the state's top experts into hearings for answers. Testifying before the committee Monday were the heads of the Texas Department of State Health Services, the Department of Public Safety and the State Fire Marshal.
What went wrong in West and how can they help keep it from happening again?
"My concerns are, we are going to know," said Rep Joe Pickett (D-El Paso). "At this point, it may be something that is only on a public record somewhere, but we are going to get that information out."
In less than two hours, committee members had come up with a list of recommendations, beginning with asking state officials to help produce a website disclosing ammonium nitrate storage facilities all across Texas.
"The best thing to do is put it on a web page like our sex offenders, so the public has a right to know," said Department of Public Safety director Steve McCraw. "A thousand pages on an Excel spreadsheet, but they can simply just put in their zip code"
The committee also wants to make a "best practices" list available to volunteer fire departments for how to handle ammonium nitrate in an emergency.
The committee wants the state fire marshal to offer free safety inspections to any facility that asks, and recommends that all facilities storing ammonium nitrate be labeled as such.
Only one committee member, Rep. Dan Flynn (R-Van), voiced any resistance.
"But you can paperwork a company to death with just list after list, and signs, and of this kind of stuff," Flynn said. "I think we need to keep it in perspective. I think it's a major problem and an accident."
Despite Flynn's misgivings about burdening the agriculture industry, the committee voted to move forward, agreeing to meet again in two weeks to see what progress has been made.
The committee also voted to send a message to FEMA. It wants the federal disaster agency to reconsider its decision not to provide more disaster funds to West.
Video at Link

[MuffyBee]

http://www.kxan.com/dpp/news/texas/west-sues-plant-owner-over-fertilizer-blast
West officials sue plant owner over fertilizer blast
April 17 blast killed 15 people
June 21, 2013WACO, Texas (AP) — Officials of the small Texas town devastated by an April 17 fertilizer plant blast that killed 15 people has filed suit against the plant owner and supplier.

The lawsuit filed Friday seeks unspecified damages from plant owner Adair Grain and CF Industries, which supplied agricultural-grade ammonium nitrate toe the plant. A fire at the plant ignited the explosive chemical, flattening homes, schools and businesses and killing firefighters and other first-responders.

The lawsuit filed in state district court in Waco alleges Adair Grain was negligent in how it stored the chemical. It says CF Industries was liable for an inherently hazardous product.
 

[MuffyBee]

http://www.wacotrib.com/news/greater_waco/west/lawyers-looking-for-parties-who-could-be-partially-liable-for/article_10979118-d779-5851-8042-0486f2874aee.html
Lawyers looking for parties who could be partially liable for West blast
June 22, 2013



Lawyers for victims of the West fertilizer plant explosion are looking to find other companies that could be held responsible for the blast, because the plant has little insurance and few 
assets.
Adair Grain, which owned the plant, only has $1 million in liability insurance, but the blast caused tens of millions of dollars in damage, killed 15 people and injured hundreds more. Money that could be obtained from selling the company’s assets will be minimal because much of what it owned was destroyed in the blast, local attorneys say.
“Most of it got blown away in the explosion,” said Randy Roberts, an attorney representing some victims of the explosion. “You can’t even seize their golf cart.”
Some lawyers expect the company to go bankrupt and for its cash and assets to be divided among many plaintiffs.
If Adair Grain was found to be the only responsible party, plaintiffs would get a very small piece of an already small pie.
“In that situation, you’re basically in line for money, and how much you get, if anything, is determined by bankruptcy court,” said Baylor Law School associate professor Laura Hernandez.
The strategy for many lawyers is to sue companies with larger assets that could be partially responsible for the explosion.
“Some call it the ‘deep pockets’ theory, but what you’re doing is looking for parties who were in a position to prevent this,” Roberts said. “Even if they were 10 or 15 percent responsible, they should pay their share for the damage they caused.”
Chad Pinkerton, a Houston-based lawyer who has set up an office in West, is employing this strategy for his 35 clients. He said other potentially responsible parties include the manufacturer of the explosive materials, the train and trucking companies that delivered it and whatever sparked the fire, which has not yet been determined by investigators.
Steve Harrison, a Waco-based lawyer, filed a lawsuit on behalf of the city of West against the manufacturer of the explosive materials Friday.
He claims the manufacturer, CF Industries, was negligent in failing to include an additive in the materials that would have kept it from detonating, among other allegations.
Pinkerton said the deliverers of the material also must take partial responsibility for the blast. He said when explosive material is delivered, the delivery companies must check to make sure it is properly permitted and stored, something he said was not happening at West Fertilizer Co.
Pinkerton, who conducted his own investigation of the explosion site, said a golf cart with a faulty battery may have been responsible for igniting the blast. He said the golf carts were recalled due to a battery malfunction that had been causing fires.

 

One roadblock lawyers have run into when building their cases is the ongoing criminal investigation related to the explosion. The McLennan County Sheriff’s Office and Texas Rangers are still trying to determine if the fire that caused the blast was intentionally set. The investigation has shielded certain documents from becoming public. “Until those matters are resolved and completed, we can’t get discovery from any defendants because they will take the position that the investigation is ongoing, and they don’t have to divulge that,” Pinkerton said.

[MuffyBee]

http://www.wacotrib.com/news/greater_waco/west/west-blast-brings-scrutiny-to-chemical-hazards/article_16c8e525-cd4a-5225-b0a0-e4dd6c8846ab.html
West blast brings scrutiny to chemical hazards
June 24, 2013

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http://us.cnn.com/2013/06/27/us/texas-explosion/?iref=obinsite
Texas fertilizer plant fell through 'patchwork' of safety rules
June 28, 2013

CNN) -- The fertilizer blamed for the massive explosion that devastated a Texas town in April was kept in wooden bins, in a wooden building, with no sprinklers nearby.
And that fell within the existing safety rules for handling ammonium nitrate, a "patchwork" of regulations, recommendations and guidance "that has many large holes," the head of the U.S. Chemical Safety Board told a Senate committee Thursday.
The federal agency hasn't found any regulations "that prohibit or discourage many of the factors that likely contributed" to the April 17 explosion in West, Texas, the board's chairman, Rafael Moure-Eraso, told the Senate Environment and Public Works Committee.
A fire at the West Fertilizer Company led to an ammonium nitrate explosion that devastated the small town south of Dallas and killed 15 people, most of them firefighters and paramedics. The blast showed up on seismographs as a small earthquake and flattened or damaged dozens of homes, two schools and a nursing home nearby.
 

With a budget of $10.6 million and a current staff of 42, the Chemical Safety Board investigates chemical accidents and makes recommendations to prevent future ones. The board is also investigating the June 13 explosion at a chemical plant in Geismar, Louisiana, that killed two people and injured more than 100.
The agency has a lengthy backlog of cases and "no capacity at this point to undertake any new investigative work," he said.
West Fertilizer had been cited by federal regulators twice in the seven years before the blast, including a $5,250 fine for storing anhydrous ammonia in tanks that lacked the proper warning labels.
Since the explosion, Texas officials have announced plans for an online database that will allow residents to view local facilities that hold hazardous materials. Meanwhile, the town has sued the company that sold ammonium nitrate to West Fertilizer, arguing it "blindly" supplied the chemical to a firm that didn't handle it properly
Slide show at link.

[MuffyBee]

http://www.statesman.com/news/news/west-expected-to-get-state-aid-to-rebuild-ailing-i/nYZk2/
West expected to get state aid to rebuild ailing infrastructure after explosion
June 30, 2013

In January, three months before the members of West’s volunteer fire department would face the biggest conflagration they had ever seen, their town’s last working water well conked out.
So when the local fertilizer plant caught fire April 17, West had only half its normal supply of water, every drop piped from Lake Waco 15 miles away.
Even so, that fire — which caused tons of ammonium nitrate to detonate — apparently spread too fast to put West’s crippled water system to the test. Equipped with a single tanker truck that would have taken only minutes to drain, firefighters were still trying to hook up to the nearest water hydrant three blocks away when the plant blew up, said Mayor Tommy Muska.
But Muska believes sufficient water could have made a difference in what happened next, when flames thrown by the blast eventually destroyed a school and several houses.
“We’d have been able to save the school,” he said. “It was a small fire when it started. We couldn’t put it out fast enough.”
The stress on the water system was too great, said Muska. “It was OK for a regular day. But when you have five fires and an explosion, that’s not a regular day.”
If there was a silver lining to the heavy cloud that has fallen on West, it was the hope that federal disaster relief would enable the little town to upgrade utility infrastructure that was ailing even before the explosion damaged the water system. The devastation spanned entire blocks and included 15 deaths, 12 of them volunteer firefighters.
But the Federal Emergency Management Administration on June 10 denied a request for a presidential disaster declaration that would release those public assistance funds. State and local officials accused the Obama administration of reneging on a promise to help West in its hour of need and said they may appeal. Federal authorities said Texas has sufficient resources for the task.
Now, it appears that the wheels were already turning for Texas to expend some of those resources. In the waning hours of the regular legislative session, lawmakers shifted $15 million from the state’s rainy day fund to a disaster fund controlled by Gov. Rick Perry, with an unspecified amount intended for West. Muska expects the town will receive $10 million to help it rebuild.
In fact, weeks before the FEMA denial, the governor’s office called a meeting of West officials and various state agencies to discuss the town’s funding options. The Texas Water Development Board estimates the total cost of water and wastewater projects needed in West at $13.6 million, which could be covered by low-interest federal loans if necessary. Some loans might qualify to be forgiven, said Merry Klonower, spokeswoman for the water agency.
The Texas Department of Transportation might be able to help with repaving city streets after utility repairs are made, Muska said.
 
West has struggled with infrastructure problems for years. According to a 2011 report by the Texas Commission on Environmental Quality, four of its five water wells and three of its water tanks were no longer functional. The town had built a water line that brought half of its water, up to a maximum of 500,000 gallons per day, from the city of Waco. The rest came from a well that was being repaired at the time of the explosion and was only recently put back in service.
In 2010, the state environmental agency noted that West’s water supply, storage and pumping capability exceeded 85 percent of its capacity, a condition that was supposed to trigger a planning report from the town to show how it intended to meet future demand on the utility. The report was never made, said Andrea Morrow, a spokeswoman for the agency.
The problem now isn’t insufficient water in West, but the displacement of so many residents from the neighborhoods that suffered the most damage from the blast. Because of the currently low water demand, the system is unable to adequately chlorinate the water, said Morrow, and a boil-water notice remains in effect for users in that area.
The West City Council’s plans for a $4 million bond issue to replace deteriorating sewer lines have been tabled since the explosion, said Muska, because the loss of hundreds of homes has decimated the utility’s customer base. “We’ve lost 60 percent of our revenue,” Muska said. “We can’t issue those bonds.”
Exactly how much West gets from the governor’s disaster fund is up to Perry. And though the money would barely dent the $8 billion rainy day fund, it’s an unusually swift response by a state that has relied heavily on the federal government when disasters strike.
In West, most of the FEMA aid, about $790,000 so far, has been in the form of temporary housing assistance, plus an additional $1.1 million to reimburse agencies that responded to the explosion. The Small Business Administration has approved about $6.9 million in low-interest loans.
While FEMA has approved additional funds for debris removal and protective measures, there’s been little debris to remove, Muska said, and the denial of federal grants to rebuild his town’s infrastructure is a sore point with the mayor. The state has not yet decided whether to appeal that decision, said Josh Havens, a spokesman for Perry.
However, the federal government has declared more emergencies in Texas — 333 — than in any other state, including 39 presidential disaster declarations in the past 25 years, also more than any other state. It has received $2.6 billion in FEMA aid to clean up debris and rebuild public infrastructure in the last decade alone.