A new round of demands has been sent out to “de minimus” PRPs related to the BKK Class I Landfill in West Covina, California. 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 have allegedly leached into the soil and groundwater. The DTSC estimates future cleanup costs for the first 100 years will approach $1 billion. In order to fund the cleanup, the DTSC is seeking contribution from any party who generated or transported hazardous waste regardless of the type of waste or whether it is a cost driver for the cleanup. In 2018, the BKK Working Group sued nearly 1,000 Potentially Responsible Parties (PRPs) for contribution toward the cleanup. The BKK Working Group now seeks to expand litigation against additional PRPs.
The Comprehensive Environmental Response and Compensation Liability Act (CERCLA) imposes liability on those who generated or transported hazardous waste. PRPs may have defenses to the claims and should obtain the advice of experienced counsel prior to resolving claims related to the BKK Landfill. Our attorneys can assist in evaluating the claims and available defenses PRPs may have available related to the BKK Landfill and vigorously pursue those defenses. To the extent PRPs desire to settle, we can guide PRPs through settlement process to ensure they obtain the proper protection from future lawsuits for the same contamination which the current proposals do not provide.
If you received a letter from the BKK Working Group or DTSC related to the BKK lawsuit and would like assistance, please contact Santino Tropea ([email protected]).