Jackson Jambalaya

 Gold Coast Commodities just can't seem to stay out of the courtroom.  A trio of plaintiffs sued the Brandon company in Rankin County Circuit Court on September 23. A strong cloud of Hydrogen Sulfide gas knocked out  Jason Bradshaw, Austin Williamson, and Josh Fitzhugh at the company's wastewater disdposal lagoon off of Lake Road near Pelahatchie in July.  The gas hospitalized several people and caused neighbors to complain of headaches.   The operation of newly-connected aerators created the gas.  The plaintiffs work for the company that installed the aerators.

Gold Coast processes used cooking oil and soapstock into animal feed and other products such as biodesel.  Sulfuric acid is added.  The resulting reaction produces waste that is later mixed with a caustic agent (usually NaOH).  The waste must be kept at high temperatures or else it can't  flow. The wastewater has one other dangerous feature: it is highly acidic with a pH that can be lower than 2.  Thus it is very important the wastewater is disposed properly.

This saga began several years ago in Brandon when the city caught the Brandon company dumping highly acidic wastewater into its sewer system in 2014. Brandon sued the company.  Foiled in Brandon,  Gold Coast shipped the wastewater to Rebel High Velocity Sewer Services in Jackson.  Rebel in turn dumped six million gallons of the Gold Coast acid directly into the Jackson sewer system.  MDEQ issued a cease and desist order against Rebel for the discharges in October 2017.  The Justice Department is prosecuting Rebel for EPA violations. 

 The company also discharged wastewater into the Pelahatchie wastewater treatment facility under an agreement with the town.  Running out of local options, the company built a lagoon in Rankin County for the disposal of its wastewater in 2019.  Gold Coast began using the lagoon but there was one problem.  The company operated the wastewater disposal site without using aerators for eight months.  

The company finally cranked up the aerators in July. The lagoon produced a strong cloud of hydrogen sulfide gas.  A September MDEQ Cease & Desist order states what happened next:

Emergency personnel responded to the scene when persons present during the initiation of aerator operation became ill. An investigation revealed that those individuals were exposed to hydrogen sulfide gas coming from the lagoon. Upon information and belief , at least one person was transported to the hospital. At the request of MDEQ, Respondent began monitoring the site and surrounding area for hydrogen sulfide gas. On or about July 21, 2020, the air monitors detected hydrogen sulfide gas at concentrations as high as 58 ppm near the lagoon, which exceeds the 10 minute-Emergency Exposure Guidance Level of 50 ppm.

 The lawsuit provides more information: 

3.7       On or about July 1, 2020, Plaintiffs  began their work installing an electrical panel and  controls to run the four floating aerators in the la goon, as referenced  above.   Plaintiffs  were not aware of what was in the lagoon, but from the outset of the project, they noticed that the  lagoon had a distinctly foul odor.

3.8       As  the   project   proceeded,   GCC's   President/CEO,   Defendant   Tom   Douglas,  periodically  frequented  the lagoon to check the status of Plaintiffs'  work.   On one such  occasion soon  after  Plaintiffs  began  their  work,  because  of  concern  regarding  the  foul   odor,  Plaintiff Bradshaw  inquired  of Defendant Tom Douglas regarding  what  was in the lagoon  and whether it contained  any  potential  to harm  Plaintiffs.   Defendant  Tom  Douglas  responded  that  the lagoon contained  " nothing  special, just soybean oil along with some other  natural  oils, nothing  harmful that would  hurt you."   Plaintiffs took  Defendant Tom Douglas at his word  that they  were  not at risk of exposure to harmful gases and/or chemical vapors and proceeded   with the project.

3.9       As  the  project   approached   approximately   the  mid-point   of  Plaintiffs'   work, Defendant  Tom  Douglas  began  to  make  clear  his  desire  that  the  project  move  forward  on  an expedited  basis,  remarking  that " the FBI  and  the  EPA  was  all  over  him,  threatening  him  with prison" if the job was not completed soon.

3.10   .... At  approximately  8:30  a.m.  on  July  20,   2020,  the  power company  came  to  the  premises  to  initiate  the  process  of turning  on  the aerator.   In addition  to Plaintiffs, several  individuals employed  by GCC were present to  witness the initial testing of the aerator.

3.11     Within approximately  5 minutes of turning on the aerator, an individual employed by  GCC   who  was  approximately  80  years  of  age  began  to  run  away  from  the  lagoon.    The  individual quickly collapsed  to the ground  and  was assisted  to a vehicle for emergency   transport to the nearest hospital.  The individuals from GCC who were present hurriedly moved  farther away from  the lagoon  to a distance  of approximately  150-200  yards  without  providing  Plaintiffs   any warning  regarding what was occurring.   Plaintiffs did not appreciate  what  was occurring nor  the grave risk they faced because they  had been assured  by Defendant  Tom Douglas that the lagoon  did not pose any danger to them.

3.12     Next, Plaintiffs  began to feel lightheaded  and  noticed  that their eyes had  begun to  burn.   As they  attempted  to quickly  gather some of their tools  before  departing,  all  three  of the Plaintiffs passed out on the ground from the noxious gasses being emitted from the lagoon.   None of the individuals from GCC took any effort to assist Plaintiffs, whose lives were in peril  due to exposure to the deadly gasses.

3.13     Thereafter,  Plaintiff Bradshaw  regained  consciousness  and  somehow  managed  to have  the wherewithal to stumble toward the aerator and turn it off.  Plaintiff Bradshaw noticed that  Plaintiff  Williamson  and  Plaintiff  Fitzhugh  were  laying  within  approximately  10 feet from   one another  and  barely  breathing,  so  he  rolled  each  of  them  on  their  backs  and  began   to  rub  their sternums, first Plaintiff Williamson and then Plaintiff Fitzhugh, in an effort to  get them to breathe properly.

3.14     After  approximately  5-10  minutes  had  elapsed ,  an  individual  from  GCC  finally came to assist Plaintiffs.   Plaintiff Bradshaw and this individual  loaded Plaintiff Williamson   into Plaintiffs'  truck.  They also loaded Plaintiff Fitzhugh into the back of the truck, after  which they drove approximately  ¼ of a mile away so that they could breathe clean oxygen.

3.15     Thereafter, Plaintiffs were taken by ambulance to Merit Health Rankin in Brandon ,  Mississippi.   While at the  hospital ,  Plaintiffs  underwent  numerous  tests and  were  told   that they were suffering from exposure to an extremely  lethal gas.

3.16     The  following  day,  Plaintiffs  learned  that  the  gas  they  had  been  exposed  to  was hydrogen sulfide.

3.17     Plaintiffs were later informed  that GCC turned  the aerator  back on even after the incident, after which neighbors from miles away made complaints of headaches and nausea.

MDEQ shut down the lagoon recently and ordered Gold Coast to safely remove all wastewater from the lagoon. 

The lawsuit charges the defendants with negligence, premises liability,  gross negligence, and infliction of emotional distress.   The plaintiffs seek punitive damages as well as the usual list of damages and attorney's fees. The case is assigned to Circuit Judge John Emfinger.  Attorney Michael Heilman represents the plaintiffs.

Kingfish note: If, and that is if, the allegations are true, it is pure luck that no one died that day.   Here is a list of actions. 

* Brandon sues Gold Coast.  Lawsuit is active. 

* MDEQ issues C&D order against Rebel for dumping millions of gallons of Gold Coast wastewater into Jackson sewer system. 

* Justice Department files Bill of Information against Rebel owner. 

* EPA investigates Gold Coast after MDEQ makes criminal referral.  Investigation is active. 

* MDEQ issues C&D order in September against lagoon and orders it shut down.