
For
immediate release -- Tuesday, November 14, 2000.
Contact
Bob Brammer - 515-281-6699 |
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Court
Orders Wunschel Oil to Let DNR Clean
Up Petroleum Contamination Site in Ida Grove
The
Ida County District Court has granted a request by Attorney General
Tom Miller for a temporary injunction against Wunschel Oil Co. and Vernus
and Jacquelyn Wunschel of Ida Grove, ordering the Wunschels immediately
to allow access by the Iowa Department of Natural Resources and its
representatives to the Wunschel
Oil property in order to remove significant amounts of petroleum
contamination of the land and groundwater at the site.
The order also prohibits
the Wunschels from refusing DNR entry to the property, and orders the
Wunschels not "to harass, obstruct, or otherwise interfere in any way"
with the activities of DNR representatives on the property.
"We are pleased to
obtain this ruling so the clean-up can proceed," Miller said.
Miller filed suit
September 1 on behalf of the DNR, seeking
a
temporary injunction against the Wunschels in order to abate and remove
an alleged hazardous condition and public nuisance at the Wunschel service
station and bulk plant located in Ida Grove. The State brought the action
after the Wunschels refused access to the State to operate its remediation
system for removal of petroleum contamination on the property.
The temporary injunction
order came after a two-day hearing in the Ida County District Court in
October. At the hearing, the State presented evidence that since 1998
it had removed thousands of gallons of gasoline from the ground at the
Wunschel property, which is within 200 feet of the primary drinking water
well for the City of Ida Grove. The State also presented evidence that
water samples showed that levels of benzene, a known human carcinogen,
at the Wunschel property were thousands of times greater than levels considered
safe for human contact.
The suit alleged that
the petroleum contamination potentially endangers the nearby Ida Grove
city drinking water well. If the petroleum product were to migrate and
break through a clay soil layer under the site, the suit alleged, the
product could be drawn into one of the city's wells.
District Court Judge
Mary Jane Sokolovske ruled that the State was entitled to an injunction
against the Wunschels because contamination at the Wunschel property could
cause irreparable harm or injury by endangering the health of the citizens
in Ida Grove if it was allowed to reach the City's water supply, water
lines and sewers. The Court order was filed November 7 and was received
late Monday by the Attorney General's Office.
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