Now there are new turns in the long argument about the contaminated land in the residential area Mariebo in Jönköping.
Although cleanup has not even begun, families may be forced to move back to the area.
– We as parents are responsible for our children’s health and then it is completely unreasonable to move back, says Oscar Swahn, home owner in Mariebo.
Two years ago, the Swahn family and their neighbors the Ohlin family had to move from the polluted Mariebo area. The municipality of Jönköping paid for replacement accommodation for the families because the land in Mariebo was to be cleaned up.
But even though the remediation has not yet started, the families may still have to move back to the houses in the contaminated area because the municipality does not want to extend the agreements on replacement housing.
– The whole situation is infinitely difficult in that the remediation has not started and the agreement with the municipality was that we would move back when the remediation was left and that is what the municipality is breaking now, says Oscar Swahn, home owner in Mariebo.
Argument over replacement accommodation
The families’ house is next to land where a dry cleaner in the fifties, sixties and seventies released dangerous substances. The dry cleaner is long gone, but where it stood, the levels of toxic substances are high and the pollution has spread to neighboring lots, including those belonging to the Swahn and Ohlin families.
The State Geological Survey, SGU, which is responsible for the cleanup, says that the pollution on the families’ plots is below the limit values, but according to the families, more investigations are needed because some samples showed levels of pollution above the limit value in the water.
According to the municipality of Jönköping, the replacement housing did not apply to the pollution and would only be offered while disruptive work was going on at the site. But according to the families, they would receive replacement housing throughout the clean-up period. In the two-year agreement, it is stated that they must renegotiate with six months left. But the municipality has not wanted to negotiate because they believe that an extension is still not relevant now that the most disruptive work on the site is to be finished.
– The obligation to negotiate was on the condition that an extension had been considered. Now this condition no longer exists and then there is nothing to negotiate about. We have also announced this in writing, says Lars Åke Svensson, Chief Legal Officer Jönköping Municipality.
Breach of contract
But the families and their legal representatives say that the municipality committed a breach of contract when they did not negotiate, which is also supported by a professor of contract law with whom the families had contact.
You must submit a claim for damages with the hope that the municipality will change its decision. Otherwise, they intend to pursue the matter further in court. But if no agreement has been reached when the agreements expire this summer, the families must move back to Mariebo to avoid double housing costs.
– We as parents are responsible for our children’s health and then it is completely unreasonable to move back to this situation where there is contaminated drinking water and you have no control over the situation, and you don’t, says Oscar Swahn.