This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Environmental Law
Water Contamination
Toxic Spillage

California Department of Toxic Substances Control v. City of Chico

Published: Jul. 26, 2008 | Result Date: Jan. 9, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CIV S-02 0442 LKK DAD consolidated with CIV S-02 2590 LKK DAD Settlement –  $11,920,000

Facts

In 1984 contamination was detected in Chico. In 1986, plaintiff California Department of Toxic Substances Control investigated the problem and initiated cleanup efforts.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendants released hazardous substances from their respective locations and contaminated the drinking water in Chico.

DEFENDANTS' CONTENTIONS:
Defendant Peden contended Chico Unified School District drilled a well that spread the contamination. Defendants Noret and Weiss contended the Shillings, by operating Sunshine Cleaners, contributed to the contamination. Defendant Sunset View Cemetery Association contended Metcalf & Eddy, the firm hired to test the sewer line, also contributed to the contamination during their examination.

Damages

The plaintiff sought reimbursement for the cost of cleanup.

Result

The plaintiff recovered $11,920,00 ($5,100,00 from Sunset View Cemetery Association; $3,200,00 from Sunset View Cemetery Association and Peden, $50,000 from Peden; $100,000 from Chico Unified School District, $2,200,000 from the city of Chico, $220,000 from Noret and Weiss, and $45,000 from the Shillings.) The California Water Service Company will construct and operate facilities, which will be part of the groundwater cleanup, the net present value of which is $3,100,000.

Other Information

FILING DATE: Feb. 28, 2002.


#92969

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390