ELR Citation: ELR 20524
No(s). 92 C 5348 (N.D. Ill. Nov 30, 1992)

The court holds that an owner of a public storage tank facility for the storage of liquids has failed to state a claim for recovery of response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The owner seeks reimbursement from the generator of the liquids stored in the tanks, because, after being notified by the state environmental protection agency that the tanks contained hazardous substances, the owner agreed to remove and dispose of them for the generator. The court holds that the owner complaint failed to state a claim upon which relief can be granted, because it did not establish a threat of release, which is necessary to recover response costs under CERCLA. The court holds that allegations that the generator was inexperienced in handling hazardous waste and that it was not licensed to do so are insufficient to demonstrate a threat of release. The court dismisses the claim without prejudice.

Counsel for Plaintiff
J. Timothy Ramsey
Rudnick & Wolfe
203 N. LaSalle St., Ste. 1800, Chicago IL 60601
(312) 368-4000

Counsel for Defendants
Counsel not available at this printing.