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1 ongoing and further cleanup will be.-.required. <br /> 2 30. The subsurface contamination continues to exist at the <br /> 3 Togo"s Property in violation of applicable state law and <br /> 4 continues to contaminateor threaten uncontaminated surrounding <br /> 5 soil and clean groundwater beneath the T'oga's Property and <br /> 61 neighboring properties.. <br /> 7 31. on or about May 15, 1991, City gave written notice to <br /> TEXACd of the damage: caused by the subsurfac& contam nation and <br /> 9 requested :its ;abatement. :and remediation, but TUACO refusedii and <br /> 10 continues to refuse, to: take steps to abate and remediate the <br /> 11 subsurface: contaminatlp <br /> 12 32; ;On. or .about July 15, 1991, city gave written notice to <br /> 1:3 ARCO:, CONOCO, and UNION of the damage caused by. the subsurface. <br /> 14 contamination and requested its abatement and remediation, but <br /> S Defendants, and each of them, have refused, and continue to <br /> 1.6 refuse, to ta►Ite steps t ► abate and r+emedato-the ;subsurfac;e. <br /> 17 contamination. <br /> 10 FIRST Cky" OF ACTION FOR PRIVATE' `MIS WR <br /> 19 13 1PDIC: repeats and rea1logos each. .and. eery allegation <br /> 20 set forth in Paragr4phs 1 through 32, inclusive, of this <br /> 21 Complaint and incorporates them herein by reference as though set <br /> 2 forth.jn ;full#: <br /> 23 34 At al.1 times. here n mentioned, and during: the <br /> ,24 respectiV4 periods of exercising ownership, possession., and/or <br /> 25 control- over the TogaI s Property or the Exxon. Property:, <br /> 26 Defendants, and :each cif them, used and maintained the said. <br /> 27 pr. its in such a manner as to con- t tuit+e a nuisance in that. <br /> 28 De endants<$ original release of hazardous contaminants as alleged. <br />