ELR Citation: ELR 20200
No(s). G84-1113 CA7 (W.D. Mich. Sep 18, 1989)

The court holds, in ruling on motions for contribution in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) removal action case, that the landowner of the contaminated site is liable for one-third of the cleanup costs and the generators are liable for two-thirds. Relying on CERCLA §113(f)(1) as authority to apply equitable factors in apportioning the damages, the court observed that the landowner was liable beyond merely owning the land. The landowner failed to properly construct and maintain a sewer line while fully aware of the nature of the manufacturing (metal electroplating) to be conducted on the site, failed to notify the tenant that the sewer line might not be suitable for its diposal needs, and failed to assist or cooperate with Environmental Protection Agency officials. Using the same equitable factors, the court observed that the tenant manufacturing company that generated the hazardous substances carelessly and negligently left substantial amounts of contaminated wastes in the abandoned facility, took no corrective action when the city shut off its sewer line, and failed to cooperate with federal and state officials.

[Previous cases in this litigation are published at 18 ELR 20712 and 21338.]

Counsel for Plaintiff
Tom Gezon, Ass't U.S. Attorney
399 Federal Bldg., 110 Michigan NW, Grand Rapids MI 49503
(616) 456-2404

Counsel for Defendants
Miles Murphy
Cholette, Perkins & Buchanan
900 Campau Sq. Plaza Bldg., 99 Monroe Ave. NW, Grand Rapids MI 49503
(616) 774-2131

Gary Rentrop
Siudara, Rentrop, Martin & Morrison
74 East Long Lake Rd., 2d Fl., Bloomfield Hills MI 48013
(313) 644-6970