If a notice pursuant to the Resource Conservation and Recovery Act asserts that there is an ongoing release of pollutants, then it is unnecessary for a plaintiff to specify the date on which the violations occurred. That was the court’s finding in KFD Enterprises Inc. v. City of Eureka, N.D. Cal., No. 08-4571, 4/28/11. This federal court also found that the plaintiff’s notice sufficiently alleged an “imminent and substantial endangerment” by asserting that the contamination involved was migrating toward a residential community’s drinking water wells.

KFD Enterprises Inc. owns and operates a dry cleaner in Eureka, California. KFD filed suit against the city of Eureka under RCRA, the Comprehensive Environmental Response, Compensation, and Liability Act, and several theories of tort liability. KFD alleged the city, through acts and omissions as the owner-operator of the sewer system, caused or allowed releases of hazardous substances from the sewer system, which resulted in contaminated soil and groundwater.

Article Authored by McAfee & Taft Attorney: Chris A. Paul.