(Photo: RUBEN R. RAMIREZ/EL PASO TIMES)
Family of man who died at wastewater plant sues
Elida S. Perez, El Paso Times 7:57 p.m. MDT August 17, 2016
The family of one of the men who died after being trapped in a room flooded with sludge at a wastewater treatment plant in 2014 has filed a lawsuit.
Court documents show Priscilla Meraz, the widow of Carlos Ramos, is suing the city of El Paso, the El Paso Water Utilities Service Board and Cubic Water LLC, the company contracted by the water utility, for nonmonetary relief over $200,000.
Damages are sought for the physical pain and suffering experienced by Ramos, his funeral and burial expenses, mental anguish, loss of companionship, and loss of support and inheritance to Meraz and Ramos’ two children, according to the lawsuit.
Robert Lovett, who is representing Meraz, said the city has until the first week of September to respond to the lawsuit.
“Any loss of life of employees or contractors is a tragedy. Our hearts go out to the family. Because this case is currently under litigation, we are unable to offer any further comments.”El Paso Water officials said in an emailed statement
The deaths of Ramos and Barrow were reported to the U.S. Department of Labor Occupational Safety and Health Administration, which conducted an investigation of Cubic Water. The investigation was completed in April 2015.
OSHA documents show the company was cited with five serious violations in the deaths, including regulations for respiratory protection, occupational safety and health standards, and exposure to toxic and hazardous substances.
The company received an initial $30,400 fine. OSHA documents show the company was able to settle and get the penalties reduced to $18,000.
Manuel Villalobos, president of Cubic Water LLC, declined to comment.
The company is still being contracted by El Paso Water.
Officials said El Paso Water is handling the litigation for itself and the city.
“Any loss of life of employees or contractors is a tragedy. Our hearts go out to the family. Because this case is currently under litigation, we are unable to offer any further comments,” El Paso Water officials said in an emailed statement.
The lawsuit alleges negligence, including dangerous conditions, lack of care, lack of safety equipment and conscious indifference to the rights, safety and welfare of others.
Ramos, 34, and his co-worker John Barrow, 40, worked for Cubic Water and were replacing a sludge pump at the Roberto R. Bustamante Wastewater Treatment Plant in the Lower Valley in October 2014.
“Once the pump was replaced, defendants the city of El Paso and the El Paso Water Utilities Public Service Board opened the sewage line leading to the pump. Defendants knew when they opened the line that Carlos Ramos and his coworker were in the room with the line and pump, to test the pump,” the lawsuit states.
The lawsuit states that the city and water utility “failed to exercise reasonable care” to ensure the sewage line was capable of withstanding the pressure of the sludge flowing through the line.
Sludge is a byproduct from treated wastewater.
It also says that the sewage line was susceptible to being ruptured when opened and filled with sludge and poisonous gas, creating an unreasonably dangerous condition on the premises.
The lawsuit also alleges that Cubic Water failed to provide Ramos with proper equipment to perform his work safely, including a respirator.
“Even though it knew that the workplace could contain raw sewage, it did not identify and evaluate the respiratory hazards of the workplace or estimate employee exposure to these hazards. It did not provide appropriate ventilation, testing or procedures to avoid exposure to respiratory hazards,” the lawsuit states.
Utility officials said in an emailed statement that “Cubic Water, LLC continues to meet the qualifications El Paso Water sets forth in bids that have been awarded to them.”
The statement also said El Paso Water is investigating establishing stricter criteria for future contracts to increase safety and accountability.
“Contracts can only be terminated with cause or convenience as determined by the specific facts and circumstances involved in each contract. Cubic Water, LLC is in good standing with the utility,” officials said.
The treatment plant was built in 1991 and treats wastewater for the east, southeast and Lower Valley areas of El Paso County, according to El Paso Water's website. The water discharged from the plant goes to the Riverside Canal for irrigation purposes and to the Riverside Drain to help water the Rio Bosque Wetlands Preserve.
The plant has won numerous awards, including the National Association of Clean Water Agencies' Peak Performance Platinum Award, as well as 17 Gold Awards and two Silver Awards from the association.