Mapleton City officials filed a lawsuit in Provo's 4th District Court, accusing a local explosives manufacturer of misrepresenting itself during discussions of possible water contamination in the city.

The lawsuit argues the 1997 agreement reached between Mapleton City and Ensign-Bickford - an explosive company located at the mouth of Spanish Fork Canyon - should be declared invalid.

The lawsuit says the company failed to inform city officials of the possibility of future contaminate leakage into the soil, which would adversely affect the city water.

As part of the 1997 settlement, the explosives company was required to build a portion of Mapleton irrigation system.

Despite the concern over water pollution, citizens of Mapleton don't need to worry, said City Administrator Bob Bradshaw. Current water is safe for use.

"We still have concern that there is pollution that may leak into the soil in the future," he said.

To assure citizens of uncontaminated drinking water, the state Department of Water Quality tests the water regularly to find any problems, Bradshaw said.

The current lawsuit accuses Ensign-Bickford of storing hazardous waste in open and unmarked plastic bags and containers.

It also claims hazardous materials have been stored in such a way that contaminates seeped into the soil, groundwater and in the air.

Mapleton City is asking for $100 million in damages and compensation for its lost water.

"We have team of experts looking into the severity of the contamination," Bradshaw said.

In 1999, Mapleton City claims it learned hazardous contamination had reached the city's water wells.

They also claim the explosives company had known long ago of the pollution and failed to tell Mapleton City.

The lawsuit names every owner of the explosives plant going back to the 1950s.

It also alleges the company, in 1986, initiated a document destruction policy, which was to prevent documents from being used in future litigations against the company.

City officials claim the explosives company conducted a water test that revealed an RDX level of over five thousand times the health advisory limit for long-term exposure. RDX, also known as clyconite, is a chemical used in making explosives.

Mapleton City has requested this matter be settled by a jury trial.

The was filed with Judge Gary Stott of Provo's 4th District Court and has no official court date as of yet.

Copyright Brigham Young University 14 Nov 2003