Leak or Explosion? Some OC Residents Pursue Lawsuits as Hazmat Threat Remains

The outcome is unclear as Orange County fire authorities “[bring] people in from all over the country” to assist with a looming threat from a compromised chemical storage tank that will likely crack and leak or explode, but some of the roughly 50,000 evacuated residents Sunday are considering legal remedies, according to media reports.

One class-action lawsuit is already in the pipeline on behalf of two residents living in the evacuation zone, KTLA5 reported.

The lawsuit by the X-Law Group P.C. and Presidio Law Firm LLP seeks “Accountability for residents facing evacuation orders, property disruption, potential health risks, loss of use of their homes, related expenses, and diminished property values,” the station noted.

The class action further alleges GKN Aerospace Transparency Systems Inc. — whose Garden Grove facility at 12122 Western Ave. is the site where a 34,000-gallon tank has been leaking highly flammable methyl methacrylate used to manufacture acrylic plastics since Thursday, May 21 — “failed to adequately protect the surrounding community from a known hazardous condition.”

Dozens of other law firms, on websites across the Internet, have also launched efforts to recruit potential litigants as fire authorities continue looking for ways to resolved the overheating mishap that has put residents in Garden Grove and several surrounding at risk

“For the families who had to leave in a hurry, the disruption was immediate and real,” one typical pitch from the Lyon Firm states. “But the consequences of this kind of industrial chemical emergency can extend well beyond lost sleep and missed work. Depending on how the situation resolves, those who were exposed to vapors or who live near the facility could face serious health challenges in the weeks and months ahead.”

GKN Aerospace, a leading global supplier of vehicle and aircraft components, manufactures acrylic plastics, posted the following statement on its website Saturday:

“There is a serious and evolving situation regarding a thermal issue in a chemical storage tank at our Garden Grove site in California. The situation remains ongoing and we are fully focused on working with emergency services, specialized hazardous material teams and the relevant authorities to ensure the safety of the local community, our employees and everyone else involved. We sincerely apologize for the significant disruption to the many local residents and businesses who have had to be evacuated. We are working tirelessly with all relevant experts to resolve this situation as safely as possible and in a timely manner and are deeply grateful for the continued skill and dedication of the Orange County emergency services.”

In 2021, GKN Aerospace paid about $900,000 to settle multiple environmental violations, including failing to keep emission records and operating equipment without a permit, according to the OC Register, which cited the South Coast Air Quality Management District.

Meanwhile, an overnight foray into one of the tanks revealed temperatures there were rising by about 1 degree per hour and not decreasing as hoped, the Orange County Fire Authority noted.

Unified Incident Commander Craig Covey said Saturday that working with chemists from the manufacturer’s emergency response team, the OCFA put its people “back in harm’s way last night” transitioning from defense to offense in an attempt to neutralize an additional 15,000-gallon tank to remove its explosive potential in the event an adjacent tank blows up.

He said the workers were able to see a gauge that’s covered by water, and it revealed the temperature had increased to 90 degrees from 77 degrees Friday morning.

The team was currently allowing the tank to “cure at a slower rate and reducing its (building) overpressure,” Covey said.

Additionally, the OCFA is “… talking to people all over the place, trying to come up with additional options,” he added. “Letting this thing just fail and blow up is unacceptable to us.”

He added that “very aggressive” contingency plans are being employed in case the tank blows up or leaks, including fire and medical emergency plans, though the only people currently at risk are the firefighters and police officers on scene.

Authorities are trying to establish “some diking and damming and divert it to a spot that could be a holding area” to prevent the fluid from “getting into our storm drains, our river channels and ultimately into the ocean, (causing) an environmental disaster,” Covey said.

California Gov. Gavin Newsom proclaimed a state of emergency Saturday.

The proclamation directs the California Governor’s Office of Emergency Services and all state government agencies to support Orange County and impacted local jurisdictions to address the emergency. It also unlocks additional emergency response resources and authorities, including making state-owned properties and fairgrounds available to provide shelter for evacuated residents as necessary.

“@Cal_OES has been mobilized for over 24 hours and state agencies are supporting impacted communities to protect public safety, and assist local officials as response efforts continue,” Newsom said on social media.

California Attorney General Rob Bonta on Saturday cautioned anyone who would jack up prices on needed items during a state of emergency.

“California’s price gouging law protects people impacted by an emergency from illegal price gouging on housing, gas, food and other essential supplies,” he said. “If you see price gouging, I encourage you to immediately file a complaint with my office online at oag.ca.gov/report or contact your local police department or sheriff’s office.”

The situation developed shortly after 3 p.m. Thursday due to a chemical that became overheated inside a large tank.

OCFA crews and Garden Grove police initially responded after the overheated tank had begun venting vapors and triggering a sprinkler system designed to spray water on the tank to cool the material inside. The tank is located in proximity to two other storage tanks.

After the first reports, firefighters began spraying the failing tank with water in an effort to cool the material inside.

Evacuation orders were issued, but later lifted Thursday night when crews believed they were making progress mitigating the situation. But Friday morning, the orders were re-instituted “due to changing conditions,” OCFA officials said.

As the morning wore on, the situation worsened, and the evacuation zone was expanded to create a roughly one-mile buffer area around the tank.

The overall evacuation zone in effect Saturday was north of Trask Avenue, south of Ball Road, east of Valley View Street and west of Dale Street.

Officials clarified Saturday that the evacuation area was divided into a handful of zones, including three circular “blast zones” closest to the plant, with likely severe, moderate and light damage in the event of an explosion.

Beyond that, three other zones were identified: Areas of flammability where fire or flash fire could occur, areas that were “immediately dangerous to life and health, where it would cause injury if anybody inhales or is impacted by the product in question,” according to Nick Freeman, division chief with the OCFA, and a large “non-hazardous zone” where people could still smell odors from a leak

Midday Friday, Covey gave a bleak update online, saying authorities determined “The tank that is in the biggest crisis is in fact unable to be secured and mitigated.

“There are literally two options left remaining. One, the tank fails and spills a total of about 6,000 to 7,000 gallons of very bad chemicals into the parking lot in that area, or two, the tank goes into a thermal runaway and blows up, affecting the tanks that are around them [and] that have fuel or the chemicals in them as well.”

Covey said a spill of the chemical is actually the “best case scenario, believe it or not,” favorable to an explosion and possible plume of toxic material spreading over the area.

He stressed that “there is no active gas leak, no plume in the area,” but warned residents to heed the evacuation warnings and remain out of the area due to the possible spill or explosion. Officials said air quality was being actively monitored and all readings were still within healthy limits.

It was unclear what caused the material in the tank to overheat.

No injuries had been reported as of Sunday morning.

The Orange County District Attorney’s Office announced Saturday afternoon that it has established an anonymous tipline and online reporting form to gather information regarding the incident.

“Anyone with information related to the circumstances leading up to this incident, including but not limited to specific details of the release, information about the industrial operations of the facility, the quality and frequency of maintenance of the tanks and systems at issue, and any other relevant information at GKN Aerospace Transparency Systems, is encouraged to call the Orange County District Attorney Anonymous Tip Hotline at 714-347-8714 or fill out an anonymous online form at www.ocdistrictattorney.gov,” the office stated.