Kelly Holleran Nov. 30, 2012, 11:13am

A company has filed suit against the tank cleaning service that it claims allowed an asphalt spill, which has allegedly caused it to incur substantial clean-up costs.

Martin Product Sales claims it entered into an agreement with defendant Sage Enviro Tech in which Sage agreed to enter Martin’s Port Neches facility, which housed the company’s asphalt division, to clean asphalt tanks.

However, during one such trip, Sage employees opened a manhole cover, which resulted in a flow of asphalt onto the ground, according to the complaint filed Nov. 20 in Jefferson County District Court.

“A berm and other containment measures constructed and utilized by Sage failed to contain the flow of asphalt from the tank,” the suit states. “In order to remediate the resulting asphalt ‘spill,’ Sage performed environmental remediation services to clean up the asphalt spill.”

Sage charged Martin for cleaning the spill, even though it was caused by Sage’s employees, the complaint says.

In its lawsuit, Martin alleges breach of contract, breach of warranty and negligence against Sage.

Martin is seeking a judgment within the jurisdictional limits of Jefferson County District Court, plus attorney’s fees, pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief the court deems just.

Terry W. Wood in Beaumont will be representing it.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B193-622

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