ELR Citation: 43 ELR 20257
No(s). 12-00043 (C.D. Cal. Nov 18, 2013) (O'Connell, J.)

A district court held that the owner of a vacant property is liable under CERCLA for the release of hazardous waste intentionally caused by trespassers. The owner, who left oil drums on the property, claimed she was entitled to the innocent landowner defense. But she failed to show by a preponderance of the evidence that she exercised due care relating to the waste material. Despite knowing of constant transient break-ins, she permitted the oil to remain in the drums on the property after her tenant left. She also did not seek permits to store such waste, nor require such permits from her tenants. And despite knowledge of repeated violations, she visited the property infrequently and allowed the oil drums to remain on vacant, inadequately secured property for a lengthy period of time. As such, it was reasonably foreseeable that an inadequately secured property would invite transients to occupy it, and that transients may cause the waste materials in the drums to be spilled, with the waste material flowing into the storm drain. The court, therefore, entered judgment in favor of the city-plaintiff in the amount of $592,665.