Attorney General's News Release

July 5, 2005

Nixon sues Marshfield convenience store owner for refusal to comply with state's underground storage tank law

Marshfield, Mo. — Attorney General Jay Nixon has filed a lawsuit against the owner of a Marshfield convenience store for his repeated refusal to comply with a state law designed to protect the health and safety of community residents.

A petition filed today in Webster County Circuit Court alleges that Dale Hyde, owner of Supreme Oil and operator of C&N Convenience Store, 1322 Spur Road, has committed multiple violations of Missouri's Underground Petroleum Storage Tank Law. He faces the possibility of heavy fines and a potential court order preventing him from refilling his gasoline storage tanks.

"Missouri's laws governing the underground storage of gasoline were put in place for a purpose: to prevent contamination of our water supply, pollution of the soil, and situations that could put the safety of the community in peril," Nixon said. "Refusal to comply with these regulations does more than display a disrespect for the law — it's a disregard for the health and safety of the community."

In May 2003, C&N was issued its first violation for failure to comply with a state regulation requiring insurance or other proof of financial responsibility. Subsequently, the state Department of Natural Resources (DNR) has noted several other violations, including failure to:

• Comply with reporting and record-keeping requirements.
• Install a system capable of detecting leaks from underground tanks or pipes.
• Conduct an annual test for leaks.
• Monitor tanks every 30 days for possible leak detection.
• Notify the DNR when a leak occurred.
• Investigate and confirm a petroleum release into the environment.

Nixon is asking the court to impose a fine of up to $10,000 a day for each violation, order Hyde to bring the store into full compliance with Missouri law and prevent the store from selling or accepting deliveries of petroleum products until the facility is in full compliance. The lawsuit also asks that Hyde be required to turn over all records requested by the DNR, and pay court costs and lawyer's fees.

This is not the first time Hyde has run afoul of Missouri environmental laws, Nixon said. In March 2004, the Webster County Circuit Court ordered him to close a 500-gallon waste oil tank at Young's Conoco in Marshfield and levied $18,000 in civil penalties. Hyde paid $3,000, with the remaining $15,000 suspended contingent upon future compliance with the law. On Nov. 4, 2004, a DNR inspection revealed numerous violations at the Conoco facility, including Hyde's failure to obtain either insurance or proof of financial responsibility.

Nixon has filed a motion for contempt in that case, with a hearing set for July 22 in Webster County. The Attorney General will ask the court to find Hyde in contempt of court, order him to pay the $15,000 in previously suspended penalties, and order him not to sell or accept deliveries of gasoline until he complies with the financial responsibility law.

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