Mapleton cleanup lawsuit is dismissed

PROVO — A judge dismissed a $100 million lawsuit Mapleton City had filed against a now-closed Spanish Fork explosives company, ruling that the city had already released the company from environmental cleanup responsibility in a 1997 agreement.

Twelve years ago, Mapleton sued Ensign-Bickford — formerly Trojan Corp., Mallinckrodt Inc., Cytec Industries Inc. and Jeras Corp. — for contaminating city water wells. City officials alleged in court documents that the company allowed chemicals to seep into underground aquifers from the factory near the mouth of Spanish Fork Canyon.

After numerous discussions, the parties reached an agreement in 1997 in which Ensign-Bickford would clean up City Well No. 1 by creating a water-treatment system. The company also agreed to pay the city a lump sum of $150,000, according to court documents.

The plant permanently shut its doors in February.

Once the well was clean, according to the agreement, Ensign-Bickford would then be released from any obligation to the city.

However, the city wasn't satisfied with the cleanup process and filed an amended complaint in November 2003, asking for nearly $100 million in damages.

Fourth District Judge Anthony Schofield ruled Monday that the wording in the city's 9-year-old agreement was clear and unambiguous. He said in his ruling that the city had indeed released Ensign-Bickford from future responsibility, including additional problems stemming from the cleanup process.

"We respect Judge Schofield a great amount," said Doug Thayer, attorney for Mapleton City, "but we obviously disagree with his decision. I'll certainly recommend (to Mapleton) that we appeal the case. I'm really quite hopeful."

Attorneys for Ensign-Bickford could not be reached for comment.

Thayer will be meeting with Mapleton Mayor Dean Allan and Mapleton City Council on Aug. 16 to discuss the issue and a possible appeal.

The city has been dealing with problems from the plant for years. In 1999, three Mapleton families filed suits against the company, alleging that polluted water caused members of their families to contract non-Hodgkins lymphoma.

Ensign-Bickford settled the cases — but didn't admit liability. Two of the people who filed suit against the company have since died of cancer.

Thayer had also raised the issue of air-borne pollutants discharged by the cleanup process after an expert noted high levels of TNT residue during a test. The pollution issue was part of the amended complaint that was just dismissed.

Thayer has argued — and still believes — the city's release only pointed to Well 1, not the entire aquifer, which supplies water to other city wells.

"The problem is, nobody ever drafts anything perfectly," Thayer said. "Contract interpretation is a huge part of civil law in this country. I would have drafted it a bit differently."

However, attorneys for Ensign-Bickford continue to point out multiple references in the agreement to the aquifer, as well as the necessary connection between the two elements — a point Schofield also brought out in his ruling.

"A well is more than a section of pipe with a pump," Schofield wrote. "It includes the water that is pumped. In fact, it must include the water that is pumped because, in reality, a well without water is not a well at all."

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