Couple blames 'ineptitude, indifference' after oil spill ruins house

A husband and wife in the Trinity Bay community of Heart's Delight-Islington say their peaceful retirement has been plunged into turmoil following an oil spill on their property nearly two years ago.

But in court documents, the company they are holding accountable for their plight alleges that Ron and Myrtle Harnum are standing in the way of a resolution.

"You've got ineptitude, you've got indifference and we've got the injustice, because that's what we've had in 21 months, injustice done to us," said Ron Harnum, describing the aftermath of a routine furnace oil delivery that went terribly wrong.

The Harnums were forced out of their modest home on the community's main road on Jan. 16, 2014.

That's the day a delivery truck from Western Petroleum spilled an estimated 300 litres of furnace oil on their property.

The oil, which would more than fill a large bathtub, drained down their driveway, and under their house.

The Harnums moved out that evening, and haven't been back since.

According to court documents, the spill occurred after a fuel swivel joint on the truck fractured.

A notice from the joint's manufacturer was issued in 2013, advising that there was a potential for failure, but Western Petroleum contends it did not receive notification.

House settled five inches on one end

The oil company's insurance provider paid to have dozens of truckloads of contaminated earth removed from the property, with many of those excavated from under the home.

Contractors also replaced a large portion of the home's concrete foundation wall and installed some new windows.

But the Harnums say there's a big problem. The new foundation has settled about five inches over the past year or so.

A crack that gets progressively wider at the top has occurred where the existing brick skirting meets the new concrete wall.

There's also a bow in roof's edge, with the high point in the middle.

"I've got the only Titanic in Trinity Bay," Ron Harnum told CBC News Wednesday.

"We're going down in the head, buddy, and she's going to break off somewhere along the way."

Unnecessary stress

The settling has resulted in a noticeable drop in the living room floor, cracks in the drywall, window leaks and a rear door that will no longer open because of the settling, Ron said.

They say the incident has resulted in unnecessary stress in their lives.

They've been living in Green's Harbour, a community about 18 kilometres to the south, and Myrtle says it's dramatically affected her life.

"I'm away from the church, firettes, ACW, everything," she said.

"I'm involved in just about everything here. And I can't come all the time because you're driving by yourself."

'Give us a settlement'

The Harnums are refusing to move back into their home, saying it is in worse condition now than it was before the spill.

They are suing Western Petroleum, its insurance provider and the manufacturer of the swivel joint.

"We want our place put back to the way it was before, or either that, give us enough money ... give us a settlement, make us an offer, and we'll move on with our lives. We'll go wherever. Cause I don't think that will ever be right," Harnum said, pointing at their home.

He said the insurance company is proposing to level the house by placing blocks atop the concrete foundation, and gradually shorting the blocks as they move to the middle of the house.

He's not agreeable to that option, saying it will only create more problems for the home's structural integrity.

His preferred option appears to be a financial settlement, somewhere in the range of $200,000 to $250,000.

"I never had a Taj Mahal, and I don't expect a Taj Mahal, but I expect fair and reasonable treatment here," he said.

Won't give consent for repairs

CBC News spoke with an official from Western Petroleum, but he declined comment because the dispute is now before a court.

But in court documents, the company contends that the problems with the house are "repairable" and there has not been any damage to the home's structural integrity.

The company says the Harnums are refusing to give their consent so the repairs can be carried out.