Koster sues couple over underground tanks

Bryan Cohen Oct. 10, 2011, 1:25pm


JEFFERSON CITY, Mo. (Legal Newsline) - Missouri Attorney General Chris Koster announced a lawsuit on Friday against a Taney County couple for alleged violations of the state's Underground Storage Tank law.

Koster alleges that Carthel and Sandra English of Walnut Shade have failed to remove three underground storage tanks located at their now-defunct gas station, the Walnut Shade In and Out. Missouri law requires the permanent closure of a steel UST system if that system has not been maintained for more than a year.

The UST's located at the English's old gas station have allegedly been inoperable and not maintained since at least August 2007.

The lawsuit was filed after the Englishes failed to respond to correspondence from Koster's office that requested they close the tanks. Koster is asking that the court issue a permanent injunction that would prohibit the defendants from any further violations of the Missouri UST law and pay a civil penalty of up to $10,000 per day for each violation of the law, as well as court costs.

"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."

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