Source: The Patriot Ledger (Quincy, Mass.)
The Patriot Ledger Quarry Hills developers are suing the city over a $38,000 bill for a 2002 fire that destroyed a storage shed full of fertilizer at the then under-construction West Quincy golf course.
The city's fire department slapped Quarry Hills Associates with the bill for the costs associated with its response to the fire, which officials let burn for fear of an explosion triggered by the fertilizer inside. Fire officials charged the developers because they believed the blaze involved the release of hazardous materials, a charge at the center of the suit.
The state Department of Environmental Protection concluded that the fire didn't require any further cleanup by Quarry Hills after the blaze, prompting developers to argue that they shouldn't be responsible for the bill. Throughout the protracted legal process, Quarry Hills has denied that the fire "constituted a threat of hazardous material release."
State law allows fire departments to charge companies responsible for emergencies related to possible pollution and the release of hazardous materials.
The developers agreed to pay the bill under protest in 2003, with the understanding that an arbitrator would make the final determination on how much money Quarry Hills should pay. The fire department required the payment before it allowed Quarry Hills to legally burn a swath of elephant grass at the site, the lawsuit states.
The lawsuit, filed in Norfolk Superior Court, seeks to get $38,000 from the city because mediation proceedings have yet to begin.
The bill issued by the fire department included overtime costs and repairs to several department vehicles damaged during the fire that sent a huge plume of black smoke over the area and forced flight patterns at Logan International Airport to be changed.
City officials said it wasn't unusual for the fire department to bill for responses to potential pollution emergencies. For example, the tab for any oil tank spill that emergency crews respond to are billed to the responsible company.
In 2003, the trucking company responsible for a 10,000-gallon gasoline spill in Quincy Center was slapped with the bill for the fire department's efforts to contain it and prevent a fire.
Both city and Quarry Hills officials downplayed the significance of the fire, saying it has little bearing on their relationship.
