08/09/2013 10:02 EDT | Updated 10/09/2013 05:12 EDT

Lawsuit filed over Lemon Creek jet fuel spill

A resident affected by the fuel spill in Lemon Creek has filed a class action lawsuit against both the province and the company whose truck triggered the spill.

Robert George Kirk filed a notice of civil claim in B.C. Supreme Court on Wednesday.

In late July, a tanker fell into the creek and leaked 35,000 litres of jet fuel into the water which drains into the Kootenay River.

The action alleges negligence and nuisance on the part of Executive Flight Centre, the truck's company.

Marilyn Burgoon — a long-time resident of Vallican, downstream of Lemon Creek — says the suit is being filed partly because the damage to the environment may not be known for years.

"We just want accountability for the damages to the river and to ourselves,” she said. “We were all evacuated. We were all coughing, sick and headachy and this fuel is very toxic."

The suit also alleges the province didn't take sufficient measures to limit access to the Lemon Creek Forest Service Road to large vehicles.

None of the claims have been proven in court.