Keith Loria Oct. 6, 2010, 2:49pm
JEFFERSON CITY, Mo. (Legal Newsline) - Missouri Attorney General Chris Koster announced on Wednesday that he has filed a lawsuit against a man for allegedly violating the state's Underground Storage Tank law.
Gerald Rohe, of St. Charles, Mo., owns Liberty Harbor Marina located off the Mississippi River in Portage Des Sioux in St. Charles County.
Koster alleges that there are two underground storage tanks at the marina and that Rohe has failed to close at least one of the tanks that has been damaged.
Koster also alleges that Rohe has violated state law by failing to maintain corrosion protection and release detection systems. The vent line to one of the tanks is allegedly cracked where it connects to the tank, allowing water to enter the tank when the river rises.
"Underground storage tanks that are not in compliance with the law can pose a serious health threat to Missourians," Koster said.
"This legal action is necessary because the defendant failed to voluntarily comply with the law even though given ample opportunity to do so."
Rohe failed to respond to attempts by Koster and the Department of Natural Resources to contact him about the issues, Koster says.
Koster is seeking a preliminary and permanent injunction against Rohe, ordering him to immediately bring the site into compliance with state law.
Koster is also requesting a civil penalty of up to $10,000 per day for each violation of the law, and to hold Rohe responsible for all court costs and fees associated with the action.