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NewsOctober 19, 1997

When Chaffee farmer Frank Essner bought property at the northeast corner of Sprigg and Morgan Oak in Cape Girardeau in 1995, he knew the former Cutmart store had underground storage tanks that would have to be upgraded or replaced by 1998. What he didn't know, Essner says, was that a gasoline spill on the property previously had been reported to the Department of Natural Resources...

When Chaffee farmer Frank Essner bought property at the northeast corner of Sprigg and Morgan Oak in Cape Girardeau in 1995, he knew the former Cutmart store had underground storage tanks that would have to be upgraded or replaced by 1998.

What he didn't know, Essner says, was that a gasoline spill on the property previously had been reported to the Department of Natural Resources.

Essner bought the land from a holding company which acquired it from the Federal Deposit Insurance Corp. after the store went into bankruptcy. He says he learned about the spill report, called an L.U., from someone interested in buying the property from him.

Without having to worry about contamination, Essner could have updated the tanks relatively inexpensively. But because a spill had been reported, expensive environmental testing would have been required.

Aware of legislation that limited liability for a contamination cleanup to $10,000, Essner hired an environmental consultant to close the site.

Essner spent about $18,000 for the environmental consultant to oversee the removal of the tanks.

"There's so much paperwork that has to be filed with the DNR and taking samples with the soil. That's not my field of expertise," he said.

The environmental consultant hired a subcontractor who did the actual removal.

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Tests were conducted on the soil beneath the tanks.

"They found out that was the cleanest site the two people have ever come across," he said.

But Essner is still trying to find out from the DNR and the previous owner why his property has an L.U. number.

He doesn't plan to buy any more gas-station headaches.

"You're fighting with the big boys in this kind of deal anymore," he said.

Though he feels fortunate that no contamination was found, Essner is concerned that the cost of upgrading tanks and cleanup may drive some people out of business.

"I'm sure lots of little mom and pop operations are not going to be selling gas anymore," he said.

The property, where a package liquor store now has a one-year lease, is still for sale.

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