AN ACR FLC FINDS THAT THEIR ACFT HAD FUEL IN THE CTR TANK EVEN THOUGH IT WAS MEL'D AS UNUSABLE BECAUSE OF AN INTERNAL FUEL LEAK.

Narrative

ON ENTERING JETWAY NOTICED STRONG PETRO/CHEMICAL ODOR DOWN JETWAY AND THROUGHOUT ACFT CABIN. THERE WAS NO EVIDENCE OF FUEL SPILL OUTSIDE AND MAINT EXPLANATION RANGED FROM CONDITIONED AIR FROM THE TERMINAL; TO BUG SPRAY. SINCE I COULDN'T GET SUBSTANTIATION FOR THE BUG SPRAY THEORY I ELECTED TO NOT ACCEPT THE ACFT. WE HAD AN MEL ON AN AUX FUEL TANK THAT ON INVESTIGATION BY MAINT HAD AN INTERNAL FUEL LEAK. APPARENTLY THE FUELER PUMPED FUEL BY MISTAKE INTO THE TANK WITHOUT TELLING ANYONE. THE STRONGLY VOICED CONCERN FROM THE CABIN CREW SIGNIFICANTLY CONTRIBUTED TO A SAFE CONCLUSION. CRM STRIKES AGAIN. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR WAS FLYING A B737-400 AT THE TIME OF THE INCIDENT. THIS ACFT HAD AN MEL RESTR THAT PREVENTED USE OF THE CTR FUEL TANK; BUT DID NOT EXPLAIN THE REASON WHY. THE RPTR SAID THAT HE HAD JUST FINISHED A WALKAROUND INSPECTION AND DURING THIS HE HAD NOTED FUEL DRIPPING FROM A FUSELAGE DRAIN. HE THEN ENTERED THE ACFT AND NOTED FUEL ODORS IN THE JETWAY AND THE FLT STATION. THE FLT ATTENDANTS COMPLAINED OF THE FUEL SMELL IN THE CABIN WHILE HE WAS REVIEWING THE MAINT LOG. HE THEN CALLED FOR MAINT ASSISTANCE ON THE RADIO. THE MAINT TECHNICIANS CAME UP WITH A NUMBER OF REASONS FOR THE SMELL THAT WERE UNSATISFACTORY TO THE FLC AND THE FLT ATTENDANTS SO THE CAPT CALLED A MAINT SUPVR. THE SUPVR DISCOVERED THAT THE CTR TANK HAD AN IN-THE-ACFT LEAK AND WAS NOT SUPPOSED TO BE FUELED. HOWEVER; A FUELER HAD APPARENTLY PUT SOME FUEL IN THE TANK IN THE RECENT PAST. THE ACFT WAS TAKEN OTS. THE RPTR SAID THAT HE WANTED TO EMPHASIZE THE FLT ATTENDANTS' ROLE AS ADVOCATES DURING THIS EVENT. HE SAID THAT THEIR STRONG STAND PUSHED HIM TO CONTACT THE SUPVR FOR MORE INFO AND THE SUPVR FOUND OUT ABOUT THE MISFUELING.