Iowa Attorney General Files Six UST Lawsuits

(From AG’s website)

DES MOINES. The Attorney General’s Office filed six lawsuits around the state Wednesday to enforce Iowa law and environmental regulations concerning underground storage tanks used to hold gasoline and other petroleum products.

In each case, owners or operators had failed to comply with attempts by the Iowa Department of Natural Resources (DNR) to obtain voluntary compliance. The state Environmental Protection Commission ultimately referred the six matters to the Attorney General’s Office to file lawsuits. The lawsuits ask the courts to prohibit further violations and to assess additional penalties.

Attorney General Tom Miller said: “Underground storage tank regulations are well-established in order to protect people and the environment — specifically, our groundwater — from the dangers caused by petroleum spills and releases. There are over 8,000 regulated underground storage tanks buried all over the state, and most owners and operators comply with their obligations to monitor and inspect tanks, maintain tanks, and prevent petroleum leaks and spills.”

The suits were filed yesterday in district courts for Clay, Crawford, Guthrie, Scott, Sioux, and Story counties. In five of the cases, the DNR previously had issued orders and penalties that were ignored. In the other case, the owner previously had been the subject of DNR orders for another site. In each instance, the Attorney General’s Office also issued notice that it intended to file a lawsuit if the matters were not resolved.

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About James Pray

Attorney with BrownWinick Law Firm in Des Moines, Iowa.
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