ELR Citation: ELR 20031
No(s). CIV. 04-3540MJDFL (D. Minn. Jan 24, 2005)

A district court dismissed the U.S. action against a utility and its subcontractor to recover response costs incurred at the MacGillis and Gibbs/Bell Lumber & Pole Superfund site in New Brighton, Minnesota. In the autumn of 2000, the forcemains at the site constructed by the U.S. Environmental Protection Agency were ruptured during the defendants' drilling activities for the installation of an underground communication line. The rupture of the forcemains resulted in the release or threatened release of hazardous substances from untreated groundwater back into the environment. The government incurred approximately $130,030 in costs to repair the ruptured underground lines. The utility and its subcontractor, however, are not subject to operator liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Defendants did not conduct any activities relating to the handling and management of hazardous substances on the site. Nor did their utility work on the land adjacent to the site specifically relate to pollution. The legislative history of CERCLA also undercuts the government's attempt to extend CERCLA operator liability to anyone who inadvertently comes into contact with hazardous substances from a Superfund site.