Krista M Torralva

Corpus Christi Caller-Times

A Corpus Christi law firm has obtained a temporary restraining order against Valero, its subsidiaries and Ergon Asphalt & Emulsions Inc., prohibiting the companies from destroying evidence related to the water issues facing the city.

Craig Sico of Sico Hoelscher Harris & Braugh LLP secured the order on behalf of WaterStreet Ltd. and Costa Sur Peruvian Fusion LLC. The order prohibits the companies from destroying, changing or modifying any potential evidence relating to the cause and effect of the water contamination.

Nueces County Court-at-Law No. 1 Judge Robert J. Vargas signed the order and noted that "if Valero needs to alter, change or destroy piping valves or other parts of the water system issue, it will provide reasonable notice to plaintiff and the opportunity to have one observer view the alteration, change or destruction."

Additionally, another Corpus Christi-based law firm filed a lawsuit against Valero and its subsidiaries and Ergon Asphalt & Emulsions Inc. on behalf of several local businesses and a resident related to the water issues facing the city.

Hilliard Munoz Gonzales LLP filed the suit on behalf of Coiffures of Country Club Inc., Anthony’s Aveda Concept Salon and Paula Porter.

First Amended Petition and Tro-2

The suit alleges Valero Marketing and SupplyCompany, Valero South Texas Marketing Company, Valero Bill Greehey Plant, Valero Refining-Texas LP and Ergon “wantonly and recklessly exposed unsuspecting business owners, employees and residents to toxic chemicals, contaminated their water and forced the closure of their businesses.”

The suit, which also requests a temporary restraining order, seeks $1 million dollars in damages. The suit also requests a jury trial on the matter and was assigned to Vargas' court.

"This case demonstrates the human and societal suffering caused when the drive for corporate profit takes priority over the safety of ordinary people," the suit states.

Valero issued a statement denying responsibility for the contamination.

"While we have been named in lawsuits, we are not the source of the contamination in question. We continue to believe this is a localized backflow issue from Ergon in the area of Valero’s asphalt terminal. This issue is not related to Valero’s Corpus Christi refineries," the statement reads.

Valero said it is cooperating with the city, the Texas Commission on Environmental Quality and U.S. Environmental Protection Agency and is providing bottled water to the city, according to the statement.

The Caller-Times left messages with Ergon seeking comment.

The temporary restraining order and the lawsuit come within 24 hours of the city notifying the public about a back-flow incident in the city's industrial district that spilled a substance into the city's water supply. City officials said the substance was Indulin AA-86, but later preliminary results from TCEQ showed two chemicals — indoline and hydrochloric acid — were identified as possible contaminants. About three to 24 gallons got into the water supply.

About 10:30 p.m. Wednesday, the city issued a ban on drinking or using tap water.

Hilliard has gained international attention for leading civil actions against giant auto companies including General Motors, Volkswagen and Toyota. Sico recently represented the Texas State Aquarium in securing a more than $1 million judgment from a fish pharmaceuticals vendor.