dme court

A Karns City resident filed a lawsuit against Calumet Karns City Refining claiming the company is leaking or discharging petroleum into a creek that borders his property.

The suit, filed May 22 by James Plunkard, of Kittanning Pike, alleges Calumet, which makes fuels, asphalts, oils, waxes, solvents and other products, has been releasing or leaking petroleum and possibly other hazardous chemicals from its facility at 138 Petrolia St. in Karns City into a creek than runs between two parcels of his property.

He alleges the discharges expose him and his property to hazardous gases, chemicals and industrial waste, and caused damage to the natural resources in and around his property, according to the suit.

His water, ground and air have been contaminated and his property has been harmed and diminished in value, according to the suit. He claims he has been exposed to hazardous chemicals, lost the use and enjoyment of his property and quality of life, and has incurred cleanup and repairs costs.

In the suit, Plunkard included an Aug. 3, 2021, letter from a Calumet environmental specialist notifying the Pennsylvania Department of Environmental Protection about a “sheen” in the South Branch of Bear Creek that left the facility in the morning of July 18, 2021.

On July 17, 2021, 4 to 5 inches of rain fell in a short time in the region causing the creek to overflow its banks and walls in the facility, spill into plant process areas and the lower separator during the evening and overnight hours, according to the letter.

Plunkard claims his property was contaminated in flooding events in August and September 2021, December 2022 and April 2024, and during significant rainfall from May 3 to 6 this year.

The suit alleges counts of intentional trespass, negligent trespass, continuing trespass, private nuisance, public nuisance and negligence, and seeks more than $35,000 in damages for each count.

Calumet declined to comment on the lawsuit. Plunkard could not be reached.