ELR Citation: 41 ELR 20119
No(s). 08-cv-00855 (D. Colo. Mar 3, 2011)

A district court dismissed a county's RCRA action against the former owner of contaminated property, but held that the former owner was liable to the county under CERCLA. The county purchased the property, a former rifle lens manufacturing plant, from the former owners. The property was then converted to a county jail. The county's RCRA claims fail because it failed to prove that the contamination may present and imminent and substantial endangerment to health or the environment. The mere exceedance of applicable governmental standards is insufficient to establish that the contamination presents an imminent and substantial endangerment to the environment. However, the court held that the former owner was jointly and severally liable for its proportional share of the county's past recoverable response costs under CERCLA §107. The county is also entitled to contribution under CERCLA §113.