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DOJ obtains environmental restoration judgment for Dodge Co. petroleum contamination

DOJ obtains environmental restoration judgment for Dodge Co. petroleum contamination

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The Department of Justice has obtained a judgment requiring a complete environmental restoration and payment of $100,000 for petroleum contamination at a former Dodge County bulk petroleum-storage center.

Dane County Circuit Court Judge Everett Mitchell signed the Order for Judgment in the case on July 9. The order holds the Dane County resident Frank Gribble responsible for the restoration and fines because of his failure to investigate and remediate petroleum contamination on his property in Dodge County.

Gribble used to lease part of the property to the Columbus-Fall River Coop/Cenex for a bulk petroleum-storage center. In 2001, all the tanks, piping and load-out equipment were removed from his property, and petroleum contamination was found in the soil.

The complaint said the company that bought Columbus-Fall River Coop/Cenex volunteered to clean up the site in 2001, but Gribble wanted to charge rent during the cleanup. The Department of Natural Resources advised Gribble that the company would most likely retract its offer if he charged rent, leaving him responsible for the site restoration.

In 2003, the DNR sent a responsible-party letter to Gribble saying that he had to investigate and restore the environment affected by the spill. The complaint said communication between the DNR and Gribble about the status of the cleanup continued for years until, in 2013, the DNR sent a Notice of Violation to Gribble.

The notice alleged Gribble violated Wisconsin’s spills law, which requires anyone who possesses or controls hazardous substances discharged to the environment take actions necessary for restoration and minimizing the substance’s harmful effects.

Gribble and the DNR were unable to come to a remediation agreement at a 2013 enforcement conference, and in 2015, the DOJ filed a lawsuit against him.

Attorney General Josh Kaul’s office said Gribble has started remediating the petroleum contamination since being referred to the DOJ. Gribble worked with an environmental consultant, removed contaminated soil and installed several groundwater-monitoring wells.

The State and Gribble stipulated to a judgment of $100,000 in forfeitures, surcharges, court costs and attorney fees. Gribble must also take all necessary actions to remove or minimize threats to human health and the environment from the contaminated soil, conduct groundwater monitoring and complete additional site investigations if necessary.

The Joint Committee on Finance approved the settlement on June 16.

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