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$4.8M water tower project in Clearcreek Twp.  could hit legal snag

$4.8 million water tower project in Clearcreek Twp.  essential, says fire chief.

$\uFEFFA tanker truck \uFEFFgets\uFEFF filled at the Texas Eastern\uFEFF terminal Friday, Oct. 27 near Lebanon\uFEFF. Staff photo by Ron Alvey$

Ron Alvey \uFEFFA tanker truck \uFEFFgets\uFEFF filled at the Texas Eastern\uFEFF terminal Friday, Oct. 27 near Lebanon\uFEFF. Staff photo by Ron Alvey

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By Lawrence Budd, Staff Writer Updated 1:56 PM Thursday, November 5, 2009

CLEARCREEK TWP. — Talk about a fire hazard.

At any given moment, up to 85 million gallons of gasoline, diesel, kerosene, ethanol, propane and natural gas are stored or flowing through facilities operated by 10 companies at the regional terminal on Ohio 122, north of Lebanon.

For more than three years, local fire officials have been trying to build a water tower there big enough to protect the surroundings, should a line or tank rupture and catch fire.

“There’s no doubt. We do not have the water flow capability out there to deal with a catastrophic event,” Acting Clearcreek Twp. Fire Chief Tom Morrison said.

Now the project is facing more delays if some of the companies expected to pay for the $4.8 million project bring lawsuits protesting assessments ranging from $1.9 million to $95,000.

Dominion, which would pay more than $300,000, is among those companies saying they already have sufficient water and other systems to control any fires involving their facilities.

“We can’t speak for others, of course,” said company lawyer Thomas Allen, emphasizing the company has tried to be a good neighbor.

The water would be used to cool roads or buildings threatened by heat from a fire. The fire itself would be allowed to burn off, once valves were closed, blocking its path to the larger reserves.

Other companies object to being assessed the full cost of the project — to be funded by bonds through Warren County — when it is also expected to benefit surrounding property owners and the general public safety.

“If everyone is to benefit, everyone should pay for it,” said lawyer Wilson Weisenfelder Jr., who represented several of the natural gas companies at the Oct. 15 hearing held to air objections on the assessments.

Five of 10 companies raised objections and pledged to appeal — if commissioners went forward under the current plan — through lawsuits.

The project began in September 2006 by then-Fire Chief Bernie Becker. It slowed down when he retired in June 2008 after complaints by firefighters and when some of the companies declined to join a consensus needed to shorten the process resulting in creation of a water district.

Now it could be slowed by a court fight.

“At this point, we’re waiting to see what the commissioners decide to do,” Weisenfelder said.

Morrison said he planned to meet with the companies to review their plans of action in the event of a fire or other catastrophe. A county prosecutor was also expected to try to work toward a compromise on the assessments.

However, Chris Brausch, head engineer in the county’s Water and Sewer Department, said the companies helped decide how to calculate the assessments in a series of meetings over the past two years.

Despite the potential for legal action, Brausch said he might wind up encouraging the commissioners to proceed with the current plan.

Construction would begin next October, the tower be in place by July 2012, the first assessments due in January 2013.

“There’s a health and safety concern that may override ... It may be paramount for the county to move forward with it,” Brausch said.

Contact this reporter at (937) 225-2261 or lbudd@DaytonDailyNews.com.

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Well, it looks like the commissioners seen right through the acting fire chiefs desires and called him on it. What type of guy goes around promising something then cannot deliver. This guy has to go.

nowyoudoneit
3:12 PM, 11/12/2009

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Please read Ohio Revised Code Chapter 6103 "County Water Supply Systems". The only ones who will be paying for this are the companies involved. I have little doubt in my mind they knew what there fair share of this project was going to be before it started. The only reason this tank would be built out there at this point in time is for fire purposes. These companies sound like they want you the tax payer to pay for it.

Warren County Resident
1:51 PM, 11/9/2009

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I thing the commissionors would not approve this with this much controversy. If a lawyer says we are going to sue then you better take their word for it. time to back down.

askingwhy
3:41 PM, 11/7/2009

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I suppose no one has ever seen the gas plants on 122 or todhunter road???????????????????????

frank
7:29 AM, 11/6/2009

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I would think that the trustees are to blame for this since they let this happen. But then again, we get to pay for this mess. When will we ever change the one's responsible and get someone who knows what to do?

ty
8:26 PM, 11/2/2009

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