Attorney General's News Release

June 27, 2005

Attorney General Jay Nixon sues East Prairie business to recover cost of cleaning up 17,000-gallon gasoline spill

Charleston, Mo. — Attorney General Jay Nixon has taken legal action against the owner of an East Prairie convenience store to recover the cost of cleaning up one of the largest gas station spills in Missouri history that has cost the state hundreds of thousands of dollars to remediate.

In a lawsuit filed in Mississippi County Circuit Court, Nixon states that in May 2003 Jeff Hedges, owner of East Side Market, reported to the state Department of Natural Resources (DNR) that a motorist collided with an above-ground storage tank two months earlier. The collision did not rupture the tank, but gasoline began seeping into the soil and ground water due to damage below the surface. Investigators estimated the spill at approximately 17,000 gallons.

After Hedges refused to pay for the cost of cleanup due to financial limitations in June 2003, the DNR took control of the site. It was discovered that thousands of gallons of gasoline had contaminated wells throughout the area. Since that time the DNR has spent more than $254,000 to investigate the spill, ventilate and remove contaminated soil, scrub groundwater and continue monitoring the contaminated site. The department estimates that total costs could run as high as $1 million or more.

"The spill of large quantities of a potentially hazardous substance is serious business, and those who fail to properly safeguard the storage of these substances have to take responsibility when accidents happen," Nixon said. "The bill for a costly cleanup such as this should not be borne by the taxpayers."

Nixon's office has already recovered $35,000 from the motorist to pay for a portion of the cleanup, and now is asking the court to order Hedges to pay the remainder of costs incurred to date. In addition, Nixon is asking the court to order Hedges to pay any future costs incurred by the state in cleaning up or monitoring the site, and for attorney's fees associated with the court action.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818