Gunnison, residents sue over gasoline leak

GUNNISON — Wind River Petroleum may and should have known that its Gunnison Top Stop's underground storage tanks were leaking in 2002 or before, according to a lawsuit filed this week against the company.

Gunnison city, two businesses and nearly four dozen individuals, all represented by attorney Peter Stirba, filed suit jointly against Wind River in 6th District Court in Manti, seeking redress for damage caused by the leak.

Although no amount for damages is specified in the document, it's a fair guess that it could reach into the millions.

The suit's allegations connect some dots between July's "catastrophic" 20,000-gallon spill, residents' reports of gasoline fumes long before then, and what the lawsuit calls Wind River's pattern of noncompliance with state regulations.

Records from the state Division of Environmental Response and Remediation show several instances when Wind River received notices of noncompliance for various deficiencies at its Top Stop store.

In most cases, Wind River performed the requisite action or supplied the proper documents to come into compliance.

The lawsuit, however, latches onto one exception — and uses it to allege that Wind River knew there was a problem years ago.

In December 2002, the state found Top Stop out of compliance with regulations governing the replacement of underground storage tank piping.

The state says Wind River had failed to get the state's approval through a permit to replace the piping. Then the company did not submit necessary documentation afterward, including results of soil-sample testing.

The state found out about the replaced piping after a compliance investigation in November 2002.

Two noncompliance notices and nearly five years later, at the time last summer's leak was reported, Wind River still had not become compliant on this issue.

The lawsuit alleges asserts that Wind River discovered the leak during the piping replacement "and therefore fraudulently concealed their knowledge of a discovered leak" by simply ignoring the state's requests for compliance.

Top Stop's president, Craig Larson, could not be reached for comment.