MASS Exodus Update August 2011 or “Our property, toxic waste dump… “

So in the ever changing world of toxic spill removal and clean up, the dirt has been flying out of the giant pit we had in our front yard. Let me help you catch up with all the goings on.
In my post about the original discovery of the toxic dump and plan HERE, I said this: “Tank came out without problem, supply line, the same but then the vent line was found ruptured and discovered to have spilled oil into the soil. ALL WORK STOPPED and a LSP was called in to test. The results were twice what is allowed by government EPA standards and so the EPA was notified of a toxic spill. I got the call from the Worcester office telling us what needs to be done and since then we have been doing the insurance company dance to see how this will be paid for. “ And thus we begin.

The emails have been flying between us, the LSP (Licensed Site professional, remember?) and our insurance investigator. The investigator felt he needed to get into the hole to determine if the oil had reached ground water and thus became a liability issue, meaning our insurance would kick in. He felt the insurance company would pay for this investigative process. Then there was a flurry of PDF’s and faxes, permissions, proposals and consents. Last Thursday the original company came and along with the LSP, and insurance investigator. There goal was to determine if ground water was affected. Our water table right now is about 9.5 feet (last October when our well failed it was about 20 feet which is why the well failed but that was a different story…). One back hoe and two dump trucks later, they were down 11.5 feet with no water in sight. The oil concentration was lessening but they hit bedrock at this point, which I assume keeps the water table below it. They took their samples, refilled the hole with clean fill and left. In a telephone conversation later, the LSP told us the next plan is to drill to see if they can hit the water table to test for the oil

Yesterday we got the drill proposal, which tipped the scale at over $7000. And thus a dilemma is born. If they hit water and the water tests positive for oil, liability kicks in and it’s covered by insurance. So we are in a position to root for toxic mayhem to the water table. If no oil is found, the insurance coverage is up in the air. They will cover the investigative part but nothing more. If we have to pay for this, along with our septic and roof issues, we will be put into the position of the repairs costing more than the house is worth after sale. This raises a second, more important and wide ranging issue – is default a necessity. Our house value is dropping by the minute. Is that the only way to get from under this whole thing? And secondarily, we will never be able to get a mortgage in Las Cruces. We are looking for a lawyer to advise us.

What a mess…