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Exxon Settles Suit Over MTBE
Poisoned Lake Tahoe Water
By William Carlsen,
San Francisco Chronicle Staff Writer
8-15-1

Exxon Corp. has agreed to pay the South Lake Tahoe utility district $12 million to settle a lawsuit claiming that the additive MTBE in the company's gasoline contaminated the district's drinking water.
 
The settlement is significant because it is the first to be based on the claim that MTBE-blended gasoline made by a major oil company is a defective product, said Vic Sher, the attorney who represents the utility district.
 
Most MTBE contamination suits claim liability for leaking underground storage tanks, he said. But this settlement was based solely on the production and marketing of MTBE by Exxon, which does not own or operate any gas stations in South Lake Tahoe but sold its gasoline to several stations located there.
 
Exxon officials did not return phone calls asking for comment.
 
The district, which voted on Thursday to approve the settlement, has already collected $6 million from gas station operators and Atlantic Richfield.
 
The district has shut down 12 of its 34 drinking-water wells because of contamination from underground "plumes" of MTBE seeping into the groundwater from a dozen gas stations.
 
Dennis Cocking, spokesman for the district, said that it will cost tens of millions of dollars to clean up the wells or drill new wells. Meanwhile, a water conservation program has been in effect throughout the district.
 
A jury trial is scheduled for September in San Francisco Superior Court on the district's claims against the remaining defendants: Chevron, Shell and Tosco.
 
MTBE is added to gas in amounts up to 15 percent to produce a cleaner burning fuel. But the additive is water soluble and highly mobile in the soil, and it is extremely difficult to remove once it enters the water supply.
 
Governor Gray Davis has called the chemical a "significant risk" to the environment, and ordered a state ban of the additive by the end of 2002.
 
E-mail William Carlsen at wcarlsen@sfchronicle.com
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