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The hearing was scheduled to begin and end this week.
Two local departments named in the legal action are the Warrenton and Wright City Fire Protection Districts. Other fire departments include Wentzville, Hawk Point, Monarch, Boles, Metro West, Maryland Heights, Lake Saint Louis and the St. Charles/Warren County Hazmat Response team.
The fire occurred Sept. 13, 2007, at the Warrenton Oil facility located at 2299 South Spoede in Truesdale. The blaze was believed to have started from an electrical device or circuit breaker, according to the plaintiff's petition, causing flames to engulf the warehouse and administrative offices at the building.
The various fire departments initially sought reimbursement of $116,916.44 from American Family Insurance, Warrenton Oil's insurance provider, for expenses related to hazardous material cleanup. The fee covered personnel, equipment used and lost during the fire, and other expenses associated with the various agencies during their time fighting the blaze.
The Baker Family Company and Warrenton Oil Company appealed that decision to the Missouri Department of Natural Resources (DNR). After reviewing the matter the state agency reduced that amount to $56,275.90 for cleanup costs related to the release of a hazardous material.
The Bakers filed a legal action June 20, 2008, challenging that order. In their suit, the plaintiffs claim a hazardous material was never released during the fire and that federal law exempts petroleum as a hazardous substance according to state statutes. They argue services rendered during the fire were "routine and normal" for the various agencies.
Acccording to the petition, Warrenton Oil paid $45,000 to Industrial and Petroleum Environmental Services to clean up any environmental concerns, including collecting and removing the excessive amount of foam that was used by the various departments. The petition also claims that the services provided by the fire agencies were duplicative and the costs associated shouldn't be recovered.
The Bakers are asking the court to ignore the prior ruling made by DNR. In its order reducing the original cleanup costs assessments, the DNR cited several factors including discrepancies between the individual fire department's invoices and the overall billing statement submitted by the Warrenton Fire Protection District, and the lack of photographic evidence of damaged or ruined equipment.
The city of Warrenton, the Warren County Ambulance District and the O'Fallon Fire Protection District withdrew their requests for reimbursement before the DNR issued its ruling. Their combined claims were for $14,990. They were not named in the petition filed in circuit court.
Once the DNR finalized its ruling, the Bakers had 30 days to seek a judicial review. During a pre-trial hearing, a motion to dismiss Wright City Fire Protection District, Wentzville Fire Protection District and the St. Charles/Warren County Hazmat Response team was denied.
The case has been assigned to Franklin County Associate Judge David Hoven, who was appointed by the Missouri Supreme Court following a motion for change of judge filed by the plaintiffs.
