Devoted Guidance From Resourceful Lawyers

BKK Landfill Lawsuit Attorneys in San Diego, CA

One of the largest remediation efforts to hit southern California is the BKK Corporation Landfill clean-up in West Covina. This site’s legal history goes back to 2003, with the initial complaint filed in court as early as 2005. The still ongoing investigation will have far-reaching consequences for companies today.

At Tropea McMillan, LLP, we have extensive experience in protecting business clients in regulatory matters. We have defended numberous Potentially Responsible Parties (PRPs) in CERCLA issues, and we understand these complicated federal laws. From Los Angeles and all over California, we’re ready to help businesses facing litigation related to the BKK Landfill.

A Brief History

The BKK Landfill operated from the 1960s to the mid to late 1980s. The BKK Landfill accepted more than 5 million tons of waste during its operation which has allegedly leached into the soil and groundwater. In 2003, BKK Corporation sent a notice to the state informing them that their landfill caused contamination to the soil and groundwater. Since that time, there have been sanctions and lawsuits filed against BKK and other sites around the area.

Now, the site is no longer active and the operator lacks the assets to pay for the cleanup.  The Department of Toxic Substances Control (DTSC) is investigating and targeting various companies and individuals for recovery.  In 2018, nearly 1,000 PRPs were sued for contribution toward the cleanup.  The DTSC and responsible parties now seek to expand litigation against additional PRPs, including generators and transporters of hazardous waste regardless of fault.

What Will Happen With My Business?

It’s important to realize the Superfund law is a federal law that provides funds for mitigating toxic waste. It assigns a portion of the clean-up funding to the state where the clean-up must occur. To offset these costs, California pursues companies that may be liable for the toxic contamination including but not limited to the generators and transporters of hazardous waste.

As the BKK site in question is a landfills, many companies may have contributed to the contamination. Many companies may have – knowingly or not – disposed off the hazardous material.

If You Are Contacted About BKK, Call Us

The BKK landfill has a long history and your company may still have liability for actions occurring decades ago. If you become a target of the legal efforts, we can help not only defend the action but also identify insurance that may provide you with coverage. You need legal help that can move quickly and answer your questions and protect your priorities.

We are familiar with California and federal environmental law and have a history of successful regulatory defense. Call us at (866) 977-8921 or send us an email to schedule a meeting with our team.

Frequently Asked Questions About California Environmental Defense

My business received a Proposition 65 notice. What should I do?

Act quickly. Proposition 65 notices trigger a statutory clock, and how you respond early can significantly affect your options. Contact us as soon as possible so we can assess the claim and advise on the best path forward.

Can a current property owner be held liable for contamination they didn't cause?

In many cases, yes. CERCLA and related state laws can impose cleanup liability on current owners even without fault. Defenses are available, including innocent landowner protections. But they require careful legal work.

How long do we have to respond to an agency enforcement notice?

Deadlines vary by agency and notice type, and some response windows are very short. Contact us promptly after receiving any agency correspondence to make sure your rights are protected.

Contact Us for a Confidential Case Evaluation

Environmental liability can threaten your business, your property, and your bottom line. The sooner you have experienced defense counsel in your corner, the better your options.

Contact Tropea McMillan LLP today at (866) 977-8921 to request a confidential consultation and learn how our California environmental defense firm can protect what you’ve built.

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