A $9,000 penalty has been issued for the former Grimm Oil site in Kalona with problems dating back to the 1980s. The Iowa Department of Natural Resources issued the administrative order. The DNR lists Dennis Grimm as the responsible party for petroleum contamination at 502 East Avenue in Kalona. He received a cash settlement from insurance for contamination at the site and he complied with Iowa law requiring site assessment, monitoring, and corrective action. The DNR states that since early 2018, Grimm has failed to conduct monitoring, product recovery, or implement a final corrective action design report as required by law. This order issues the fine and requires that a Certified Groundwater Professional be hired, initiate free product recovery and reporting, conduct annual site monitoring and reporting, establish long-term action plan to address high risk receptors and bring the site to closure.
Grimm bought the petroleum fueling facility in 1986. In 1987 a petroleum odor was detected in a residential basement nearby and the DNR found vapors in the basement drain tile system and testing of the underground storage tanks showed a leak of approximately 0.71 gallons per hour. Later that year a recovery well and system was installed and a hydrogeological assessment was submitted to the DNR. The system reportedly recovered no petroleum. In 1992, Federated Mutual Insurance Company refused to pay for additional work on the property related to the contamination. The Grimms sued FMIC. The lawsuit was settled and the Grimms received a cash payment. The tanks and piping were removed in 1994.
A year later, the DNR notified Grimm that petroleum had been rediscovered on the property and a free product recovery report must be submitted to the DNR. A site cleanup report was submitted and the property was given a high risk classification. In 1996, the DNR accepted the classification and approved a passive remediation as the best available technology to address the contamination. Annual site monitoring and reporting, along with monthly free product recovery reporting was required by the DNR. Reports were received for 1996, 1997, and 1998.
In 2001, the DNR notified Grimm that a site risk assessment must be submitted by June 3, 2002 and that annual monitoring reports were required. On September 15, 2003, the site risk assessment was submitted to the DNR but it was rejected because it was deemed insufficient. There were 13 issues that needed to be addressed. Grimm had 90 days to resubmit. On March 15, 2012, the DNR sent a letter to Grimm requiring submittal of a revised report and free product recovery report, since they had not received any since 2003. On June 5, 2012, a report showed nearly 2.5 feet of free product in a sampling well on the property. In August 2012, another report was rejected due to deficiencies. The same thing happened in April of 2013, February of 2014, and September of 2015.
In 2016, an attorney for Grimm stated that Grimm could not continue to financially support ongoing remediation at the property. Two weeks later, DNR staff met with Grimm and his attorney, as well as a certified groundwater professional (CGP) to discuss a final option for the property. In September or 2016, a well drilling company met on the property to conduct assessment and sampling. In 2017, the DNR received and approved a remediation work plan with the focus on avoiding contamination contact with the nearby water main and addressing contamination in a neighboring basement.
On March 19, 2018, a free product recovery report showed there was still petroleum in two monitoring wells. On September 9, 2018, the CGP notified the DNR that he had been fired by Grimm. Two weeks later the DNR notified Grimm that a groundwater professional must be maintained under Iowa law and he had 15 days to provide the DNR with the name of the new certified groundwater professional. On November 14, 2018, the DNR spoke with Grimm’s attorney who stated Grimm had decided not to move forward with remediation or to hire a CGP.
On January 7, 2019, the DNR sent a certified notice of violation to Grimm and require that he contact the DNR within 15 days. Neither Grimm nor his attorney has responded. Grimm has until December 1st to hire a CGP and he shall initiate free petroleum recovery and reporting per Iowa regulations by January 1, 2020. Annual site monitoring and reporting is required moving forward.