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Panther Valley suing over leaky oil tank

Panther Valley School District is involved in a legal battle over an oil tank that ruptured in 2015, costing more than $300,000 to clean up.

The school district filed a lawsuit in September against the company that installed the tank at Panther Valley Intermediate School in Lansford, as well as the architect who oversaw the school project.The tank was installed when the district built the intermediate school, known at that time as Panther Valley Middle School, in 2006.On July 27, 2015, they discovered oil leaking near the tank. In all, 4,000 gallons spilled.In a lawsuit filed in Carbon County Court, attorneys for the district alleged that Yanuzzi Inc. of Allentown installed the tank improperly, leading to its failure.They also claimed that the architect on the project, The Architectural Studio Ltd. of Emmaus, allowed it to happen.The district is seeking $450,000 each from the two firms to cover the costs associated with the spill.According to court documents, the district found that when the underground tank was installed, Yanuzzi used sand to support it.In the manufacturer's specifications, which the district included in their suit, sand was specifically prohibited as backfill.Because sand was used, the district's warranty on the tank was invalidated by the company that manufactured it, Containment Solutions Inc.In their suit, the school alleged that Yanuzzi did not follow the specifications, which said to use crushed stone or gravel to stabilize the tank."Failure to use approved backfill may result in tank failure," the specifications read.The district said in court filings that they have paid out $300,000, and expect to pay up to $450,000 to clean up the damage.The Architectural Studio was named because of its responsibility to oversee contractors working on the project.The district argues that Architectural Studio failed to properly note or prevent the inappropriate use of backfill.In a response filed in November, lawyers for the architect said that while they were required to "endeavor to protect the owner against defects in the work" they were not responsible for procedures implemented by the contractor.Yanuzzi responded that the district was aware of defects to the tank caused by other contractors who had worked on it, but failed to investigate the damage.The district has requested a jury trial in the suit.